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Archive: January, 2026

Posts in January, 2026

No TDS on reimbursement of interest paid by a partner on behalf of firm

January 20, 2026 222 Views 0 comment Print

The Tribunal examined the validity of reopening and multiple expense disallowances. While relief was granted on cash payments and reimbursed interest, statutory interest on taxes was held to be non-deductible.

₹50,000 Maximum Penalty Under CBLR Cannot Be Enhanced Despite Forgery: CESTAT Chennai

January 20, 2026 129 Views 0 comment Print

CESTAT held that Customs Brokers Licensing Regulations cap penalties at ₹50,000. The Revenue cannot seek a higher penalty or licence revocation beyond what the rules permit.

Penalty Imposed for Uploading Wrong Company Data in AOC-4 Filing

January 20, 2026 198 Views 0 comment Print

The ROC held that uploading incorrect data and attachments in a statutory return constitutes a completed contravention. Later correction requests cannot wipe out penalty liability.

CESTAT Sets Aside Penalties as Dummy Shipping Bill Was Only for Charges Calculation

January 20, 2026 114 Views 0 comment Print

CESTAT held that dummy export documents prepared for internal charge calculation did not amount to fraud. With no evidence of misuse, penalties on the CFS and its officials were quashed.

Enhanced Customs Value Unsustainable Without Re-Determination Basis

January 20, 2026 120 Views 0 comment Print

The tribunal remanded the case after finding that the customs authorities failed to explain how the enhanced value was arrived at. It held that valuation being the foundation for duty and penalties must be supported by a clear methodology.

Drawback is recoverable if remittances linked to exported good not realised

January 20, 2026 252 Views 0 comment Print

CESTAT held that duty drawback must be recovered when genuine sale proceeds of exports are not realised. Mere receipt of unrelated remittances does not satisfy Rule 16A.

Writ Petition Dismissed Due to Alternate Penalty Appeal Remedy Under GST Law

January 20, 2026 135 Views 0 comment Print

The Court refused to entertain a writ against a GST adjudication order, holding that a statutory appeal was available. The ruling reiterates that writ jurisdiction will not be exercised when an effective alternative remedy exists.

Betel Nut Smuggling Seizure Memo Valid Even Without Detailed Reasons: Calcutta HC

January 20, 2026 102 Views 0 comment Print

The court upheld customs seizure during domestic transit, holding that prima facie “reason to believe” based on suspicious circumstances is sufficient. Detailed reasons need not be recorded at the seizure stage.

Madras HC Upholds Customs Confiscation as Grey Fabric Found to Be Corduroy

January 20, 2026 948 Views 0 comment Print

The High Court upheld confiscation and penalties where goods declared as grey fabric were found to be corduroy. The ruling confirms that misdeclaration attracts action under the Customs Act.

GST Order Set Aside for Using Wrong Provision After Section 74A Came into Force

January 20, 2026 300 Views 0 comment Print

The High Court held that Sections 73 and 74 no longer apply from FY 2024–25 and set aside an order passed under Section 73. The order was directed to be treated as a notice under Section 74A.

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