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Archive: July, 2026

Posts in July, 2026

ESOP Discount Is Allowable Business Deduction, Not Contingent Liability: ITAT Mumbai

July 10, 2026 195 Views 0 comment Print

ITAT Mumbai allowed ESOP deduction under Section 37, holding that ESOP discount is not a contingent liability and directing deletion of the disallowance.

Bribery Conviction Upheld Despite Minor Contradictions, Valid Sanction Confirmed: Calcutta HC

July 10, 2026 303 Views 0 comment Print

Prosecution had proved beyond reasonable doubt the demand and acceptance of illegal gratification, recovery of tainted money, and unlawful transmission of confidential recruitment examination papers. The inconsistencies highlighted by the defence were inconsequential and did not affect the substratum of the prosecution case.

E-Rickshaw Parts Without Motor & Battery Not Classifiable as CKD Vehicles: CESTAT Kolkata

July 10, 2026 282 Views 0 comment Print

E-rickshaw components imported without the electric motor and battery could not be treated as complete E-rickshaws in CKD condition under Rule 2(a) of the General Rules for Interpretation, as they lack the essential character of the finished vehicle.

Reassessment Quashed for Approval by Wrong Authority Under Section 151(ii): ITAT Mumbai

July 10, 2026 294 Views 0 comment Print

ITAT Mumbai quashed reassessment for approval under Section 151(ii) by the wrong authority and deleted penalties under Sections 270A and 271AAC.

Aircraft Lease Income Held Not Taxable Under Article 8 of India-Ireland DTAA: ITAT Mumbai

July 10, 2026 207 Views 0 comment Print

ITAT Mumbai held aircraft lease rentals not taxable in India under Article 8 of the India-Ireland DTAA and found no PE in India.

Aircraft Lease Income Held Not Taxable in India Under Article 8 DTAA: ITAT Mumbai

July 10, 2026 120 Views 0 comment Print

ITAT Mumbai held aircraft lease income and delayed lease payment charges not taxable in India under Article 8 of the India-Ireland DTAA.

DVC’s Differential Tariff and IBC-Linked Claims Referred to Arbitration; Limitation Kept Open: Calcutta HC

July 10, 2026 150 Views 0 comment Print

Calcutta HC appointed a sole arbitrator under Section 11(6), leaving arbitrability, limitation, admissibility of claims, and related issues for the arbitral tribunal.

Section 73 SCN Mandatory; DRC-01 Summary Not a Substitute: Gauhati HC

July 10, 2026 234 Views 0 comment Print

Gauhati HC held that a DRC-01 summary cannot replace a Section 73(1) SCN, quashed the Order-in-Original, and permitted fresh proceedings with limitation exclusion.

FIR Quashing Refused as Forgery & Conspiracy Allegations Require Investigation: Calcutta HC

July 10, 2026 213 Views 0 comment Print

Calcutta HC refused to quash an FIR alleging forgery and criminal conspiracy, holding that prima facie cognizable offences required investigation and territorial jurisdiction objections could not defeat the probe.

Foreign Exchange Gain Is Operating Income Under TNMM: ITAT Delhi

July 10, 2026 162 Views 0 comment Print

ITAT Delhi held foreign exchange gain is operating income under TNMM, remanded TP adjustment, and allowed interest deduction under Section 57(iii).

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