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Archive: January, 2026

Posts in January, 2026

Drawback is recoverable if remittances linked to exported good not realised

January 20, 2026 492 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 300 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 225 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 1035 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 612 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.

CESTAT Orders Reconsideration of Double Customs Duty Refund Despite IEC Alert

January 20, 2026 165 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 261 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 324 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 261 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 303 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.

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