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Archive: January, 2026

Posts in January, 2026

CESTAT Orders Reconsideration of Double Customs Duty Refund Despite IEC Alert

January 20, 2026 90 Views 0 comment Print

The tribunal held that since the IEC alert was lifted after the original order, the refund claim required fresh consideration. The matter was remanded to allow document submission and lawful adjudication.

Double Taxation Bar Invoked to Delete Interest TP Adjustment: ITAT Delhi

January 20, 2026 81 Views 0 comment Print

The Assessing Officer made an ALP adjustment on interest despite the assessee having already added back the full amount under thin capitalization rules. The Tribunal ruled that TP provisions cannot be applied where no expenditure is claimed.

Delayed Appeal Dismissed as Importer Shifted Address Without Informing Customs

January 20, 2026 129 Views 0 comment Print

CESTAT held that failure to intimate change of address and return of postal notices showed lack of bona fides. Appeals filed late were rightly rejected as time-barred.

CESTAT Delhi Upheld Penalty for Smuggling Undeclared Memory Cards Concealed in Imports

January 20, 2026 93 Views 0 comment Print

CESTAT confirmed confiscation and penalties where memory cards were hidden inside declared metal clips. Mis-declaration and concealment justified duty demand and penalties.

CVD on vessels not leviable on conversion from foreign to coastal run as imported prior to 17.03.2012

January 20, 2026 108 Views 0 comment Print

Madras High Court held that countervailing duty [CVD] is not leviable on vessels that are imported into India prior to notification no. 12/2012-Cus. dated 17.03.2012 which is later converted from foreign-run to coastal run. Accordingly, writ petition is allowed.

Madras HC Set Aside GST Demand Due to Turnover Mismatch Between Tax Portals

January 20, 2026 198 Views 0 comment Print

The Court found a major discrepancy between GST returns, income tax declarations, and bank receipts, ordering a forensic audit before fixing liability and remanding the matter for fresh assessment.

Section 271D/271E Penalty Fails once Quantum Additions Deleted for Cash Loan Violations

January 20, 2026 1251 Views 0 comment Print

ITAT held that penalties under sections 271D and 271E cannot survive once the underlying additions are deleted. The ruling confirms that penalties collapse with the quantum.

Look Out Circular quashed as till date no cognizable case initiated: Calcutta HC

January 20, 2026 138 Views 0 comment Print

Calcutta High Court held that Look Out Circular is quashed since the investigation is going on and no interim report is submitted. Thus, as on date there is no cognizable case initiated against petitioner under the Indian Penal Code.

Once Section 263 Order Is Quashed, Fresh Assessment Cannot Survive: ITAT Delhi

January 20, 2026 99 Views 0 comment Print

Alleged additions for suppressed sales, disallowances, and capital gains were rendered void once the revision order was quashed. The case underscores the doctrine of consequential invalidity.

Penalty Imposed for Non-Maintenance of Register of Members

January 20, 2026 357 Views 0 comment Print

The ROC held that inability to produce the Register of Members amounts to a clear violation of Section 88, attracting a mandatory penalty despite historical circumstances.

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