The CESTAT Delhi held that polyester knitted fabric containing a small percentage of spandex could not be treated as mis-declared goods. The Tribunal ruled that such minor composition variation did not justify confiscation under the Customs Act.
For export transactions occurring before the Finance Act, 2022 amendment, the determination of iron ore fines (Fe content) must be done on a Wet Metric Tonne (WMT) basis, rejecting the Dry Metric Tonne (DMT) method adopted by the Adjudicating Authority.
The Mumbai ITAT held that no separate addition for alleged bogus purchases can be made where the assessee has already disclosed a higher gross profit on disputed transactions. The Tribunal relied on Bombay High Court rulings limiting additions only to differential GP.
The ITAT Delhi held that contractual receipts reflected in the PAN of a dissolved partnership firm could not be taxed again when they were already disclosed in the proprietorship concern of the surviving partner. The Tribunal ruled that such addition would amount to double taxation.
NCLT Kochi held that insolvency proceedings can simultaneously continue against both the principal borrower and corporate guarantor under the IBC. The Tribunal admitted Axis Bank’s Section 7 petition after finding debt and default established.
The Gauhati High Court directed de-freezing of bank accounts after the ITAT remanded the income tax appeals for fresh consideration. The Court held that continued freezing during pending appeals was not justified.
ITAT Indore set aside the ex parte appellate order after noting that the assessee had died and the legal heirs could not effectively pursue the proceedings. The Tribunal granted one final opportunity for fresh adjudication on merits.
The ITAT Delhi held that the upload date of DRP directions on the ITBA portal must be considered for computing limitation under Section 144C(13). Since the final assessment order was passed beyond the prescribed period, the assessment was quashed as time-barred.
CESTAT Delhi held that imported ABS motors and sensors were capable of being used in motor vehicles and therefore excluded from concessional customs duty benefits. The Tribunal ruled that the exemption notification must be interpreted strictly.
ITAT Delhi held that amounts received from encashment of bank guarantees could not be treated as taxable income where the assessee acted only as custodian of government money. The Tribunal followed earlier rulings in the assessee’s own case and dismissed the Revenue’s appeal.
