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Archive: January, 2026

Posts in January, 2026

DDT Can’t Beat DTAA: ITAT Orders Refund at 10% Treaty Rate

January 3, 2026 801 Views 0 comment Print

The Tribunal held that Dividend Distribution Tax is effectively a tax on shareholder dividend income and is subject to DTAA benefits. Excess tax collected above the treaty rate was ordered to be refunded.

Section 14A Disallowance Deleted Due to Availability of Own Funds

January 3, 2026 333 Views 0 comment Print

The Tribunal held that when interest-free own funds exceed investments, no interest disallowance under section 14A can be made. The ruling reinforces that presumption favours the taxpayer in such cases.

Cloud point not significant parameter hence detaining of bulk liquid cargo of Distillate Oil quashed

January 3, 2026 342 Views 0 comment Print

Gujarat High Court held that detaining of bulk liquid cargo of Distillate Oil is liable to be quashed detaining since cloud point is not a significant parameter in as much as other significant parameters are satisfied.

Notification and circular under Customs Act cannot take away benefit under FTP and HBP

January 3, 2026 495 Views 0 comment Print

CESTAT Chennai held that notifications and circulars issued under the Customs Act, 1962 cannot take away the benefit which is otherwise available under the Foreign Trade Policy [FTP] and Handbook of Procedure [HBP].

Recovery by income tax department prior to conclusion of trial under PMLA is erroneous in law

January 3, 2026 579 Views 0 comment Print

Delhi High Court held that application of income tax department for release of FDR towards tax liability not entertained until conclusion of trial under Prevention of Money Laundering Act, 2002 [PMLA] since PMLA has an overriding effect over the provisions of Income Tax Act.

Provision of interest on loan from state government being ascertained liability cannot be disallowed u/s. 37

January 3, 2026 315 Views 0 comment Print

ITAT Pune held that provision of interest on loan from state government is ascertained liability and hence couldn’t be disallowed under section 37 of the Income Tax Act. Accordingly, the appeal is allowed.

Transfer of case u/s. 127 to centralize assessment of all connected persons is justifiable

January 3, 2026 543 Views 0 comment Print

Punjab and Haryana High Court held that transfer of case from Chandigarh to Panaji under section 127 of the Income Tax Act to centralize the assessment of all connected or linked persons at one place is justifiable. Accordingly, the present petition is dismissed.

Duty free import of ‘walnut inshell’ against entry of ‘dietary fibres’ permissible

January 3, 2026 492 Views 0 comment Print

Gujarat High Court held that the duty free import of “Walnut Inshell” against the entry of “Dietary Fibres” in the DFIA license issued under SION Norms E-5 for export Biscuits is permissible. Appeal stands disposed of, accordingly.

IFSCA Relaxes Eligibility Norms for Gold and Silver Imports via IIBX

January 2, 2026 834 Views 0 comment Print

The issue was restricted access to bullion imports through IFSC. The circular widens eligibility and clarifies compliance, easing imports while retaining regulatory safeguards.

Opening Cash and Debtors Explain ₹1.03 Cr Cash Deposit

January 2, 2026 1026 Views 0 comment Print

The assessee demonstrated that the ₹1.03 crore cash deposit arose from opening cash balance and collections from sundry debtors. The Tribunal held that the onus stood discharged and deleted the entire addition.

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