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Customs Supervision Charges Payable on MOT, Not CRC: CESTAT Kolkata

June 30, 2026 111 Views 0 comment Print

CESTAT held CRC was not payable as Customs failed to prove full-day deployment. MOT charges alone applied for limited supervision services.

Certificate of Origin HS Code Cannot Override Customs Classification, CESTAT Grants Exemption

June 30, 2026 138 Views 0 comment Print

CESTAT held the HS code in the Certificate of Origin cannot override Customs Tariff classification. Exemption and all consequential relief were allowed.

Section 68 Addition Deleted as Creditworthiness Depends on Ability to Arrange Funds  

June 30, 2026 372 Views 0 comment Print

ITAT held that low declared income alone cannot negate creditworthiness where loans were genuine, documented, received and repaid through banking channels.

CIT(A) Cannot Dismiss Appeal Ex Parte Without Deciding Interest Dispute on Merits

June 30, 2026 123 Views 0 comment Print

ITAT held that mandatory interest can still be examined for correct computation. CIT(A)’s ex parte dismissal without merit-based adjudication was set aside.

ITAT Restores Appeal After 1542-Day Delay as Notice was Sent to Former Tax Consultant

June 30, 2026 156 Views 0 comment Print

ITAT restored an appeal after finding the delay was linked to notices sent to a former consultant and directed fresh disposal on merits after hearing.

Section 80P Deduction Cannot Be Denied for Wrong ITR Column Selection: ITAT Nagpur

June 30, 2026 273 Views 0 comment Print

ITAT held that a clerical error in selecting the wrong ITR column cannot defeat an otherwise valid deduction under Section 80P(2)(a)(i).

Calcutta HC Quashes FIR as Failed IBC Recovery Cannot Be Converted into Criminal Prosecution

June 30, 2026 159 Views 0 comment Print

Calcutta HC held that criminal proceedings cannot be used to recover civil dues after failed IBC proceedings where essential criminal ingredients are absent.

BNSS: Property Attachment Quashed as Mere Suspicion Cannot Replace ‘Reason to Believe’

June 30, 2026 159 Views 0 comment Print

Calcutta HC held that attachment under Section 107 BNSS requires objective “reason to believe,” not suspicion or assumption, while permitting a fresh application.

Section 148A(b) Notice Invalid if Mandatory 7-Day Reply Period Was Not Granted

June 30, 2026 213 Views 0 comment Print

Karnataka HC held that a Section 148A(b) notice granting less than seven days for compliance is invalid, making all consequential proceedings unsustainable.

ITAT Deletes Capital Gain as Rural Agricultural Land Is Not a Capital Asset

June 30, 2026 204 Views 0 comment Print

ITAT Surat held that rural agricultural land falls outside Section 2(14), deleting capital gains and related additions.

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