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Archive: 11 January 2026

Posts in 11 January 2026

Customs Appeal Rejected as Time-Barred Due to Late Filing After Communication

January 11, 2026 366 Views 0 comment Print

The appellate authority rejected the customs appeal solely on limitation, holding it was filed far beyond the maximum period permitted under law. The ruling underscores that statutory timelines are absolute and merits cannot be examined once delay exceeds the condonable limit.

Calcutta HC Upheld Income Tax Reassessment as Earlier Order Formed No Opinion

January 11, 2026 255 Views 0 comment Print

The Court held that reassessment is not barred by change of opinion where the original issue was dropped due to absence of evidence. Subsequent reopening based on new material was found legally sustainable.

Sub-Letting Charges to Industrial Authority Allowable against Rental Income

January 11, 2026 234 Views 0 comment Print

The Tribunal ruled that rental receipts could not be shifted to income from other sources without any change in facts. Long-standing acceptance of house property treatment required the Department to follow consistency.

Smart Robot cannot be Treated as Electronic Toy Due to ADP Functionality

January 11, 2026 243 Views 0 comment Print

The Tribunal held that an AI-based smart robot could not be classified as an electronic toy when it satisfied the requirements of an automatic data processing unit. Re-classification by customs authorities was set aside for lack of technical justification.

ITAT Cannot Deny Stay Jurisdiction Due to Absence of Demand: J&K High Court

January 11, 2026 378 Views 0 comment Print

The High Court ruled that the Tribunal cannot refuse to consider a stay application merely because no tax demand exists. It held that the power to grant stay flows from appellate jurisdiction and must be exercised where necessary to protect the appeal from becoming ineffective.

Barcode Scanners Not Smartphones Due to Ancillary Mobile Features: CESTAT Delhi

January 11, 2026 225 Views 0 comment Print

CESTAT held that handheld barcode scanners with limited mobile features are not classifiable as smartphones. The ruling restores classification as scanners under CTH 8471 and grants exemption from Basic Customs Duty.

Section 56(2)(viib) Share Premium Addition Inapplicable After Assessee Became Subsidiary of Public Company

January 11, 2026 603 Views 0 comment Print

The Tribunal held that Section 56(2)(viib) could not be applied once the assessee qualified as a company in which the public are substantially interested. The ruling clarifies that the charging provision itself fails where statutory exclusion applies.

Section 153C Assessment Quashed for Undated Satisfaction Note & Two-Year Delay

January 11, 2026 345 Views 0 comment Print

The High Court held that proceedings under Section 153C cannot stand where the satisfaction note lacks a date and is communicated after an unexplained two-year delay. Strict compliance with statutory requirements was reaffirmed.

Reassessment Dispute Relegated to Income Tax Appeal Due to Pending SC Decision

January 11, 2026 327 Views 0 comment Print

The Delhi High Court declined to rule on the validity of GST limitation-extension notifications as the issue is pending before the Supreme Court. The taxpayer was directed to pursue the statutory appellate remedy, with protection against limitation.

Delay in GST Confiscation Proceedings Addressed as Court Fixes Timeline for Decision

January 11, 2026 300 Views 0 comment Print

The Court dealt with a challenge to a confiscation show cause notice where jurisdictional confusion delayed proceedings. It directed a time-bound reply, personal hearing, and adjudication while leaving merits open.

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