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Judiciary

Appeals Partly Allowed as Namesake Partners Cleared for Lack of Control

January 6, 2026 246 Views 0 comment Print

The issue was whether statements and digital records from Customs probes could support FEMA action. The Tribunal ruled they are admissible and sufficient to establish illegal foreign exchange payments.

FEMA Contravention Proven, Relief Granted Due to Limited Role

January 6, 2026 336 Views 0 comment Print

The case examined whether penalty quantum should reflect the appellant’s role in the transaction. The Tribunal reduced the penalty after noting the dominant involvement of a third party and lack of comprehensive investigation.

Benefit of exemption notification 50/2023-Customs cannot be denied merely because LoC route not adopted

January 6, 2026 396 Views 0 comment Print

Chhattisgarh High Court held that denial of benefit of exemption under Notification No. 50/2023-Customs merely because the petitioner did not adopt the LoC route is impermissible in fiscal jurisprudence. Accordingly, benefit granted as petitioner satisfied clause (i) of condition no. 6 of said notification.

CIRP application u/s. 7 of IBC admitted as debt and default established

January 6, 2026 435 Views 0 comment Print

NCLT Allahabad held that financial creditor duly established existence of financial debt and default thereon on the part of the Corporate Debtor i.e. Bhagwati Rice Mills Pvt. Ltd. hence application filed u/s. 7 for initiation of Corporate Insolvency Resolution Process admitted.

Share Gain Addition Struck Down Because It Was Outside Reopening Scope

January 6, 2026 330 Views 0 comment Print

No on-money addition was made in the cases of other co-owners of the same property. The ITAT held that the Revenue cannot adopt a contradictory stand on identical facts.

Rule of Consistency Bars On-Money Addition Against One Co-Owner

January 6, 2026 480 Views 0 comment Print

The issue was whether a buyer could be taxed for alleged cash payment based only on the seller’s admission. The Tribunal ruled that in the absence of direct or corroborative evidence, no on-money addition can be sustained in the buyer’s hands.

Refund of inverted tax structure allowed based on order of earlier tax period

January 6, 2026 516 Views 0 comment Print

Karnataka High Court allowed the writ petition and held that refund on account of inverted tax structure is allowable relying on the final order of earlier tax period. Thus, order rejecting refund is quashed and set aside.

₹4 Crore Addition Deleted Because Jurisdiction Collapsed Under Section 153C

January 6, 2026 303 Views 0 comment Print

The Tribunal ruled that the reassessment was time-barred because limitation was wrongly computed from the search date. The key takeaway is that receipt of seized material governs jurisdiction for non-searched persons.

Agreed Addition Not Conclusive Where Law Grants Exemption

January 6, 2026 300 Views 0 comment Print

Capital gains arose from land compulsorily acquired by a government authority. ITAT directed the AO to re-examine eligibility for exemption under Section 10(37).

“Attributable” Has Wider Scope Than “Derived” Under Section 80P

January 6, 2026 285 Views 0 comment Print

The Revenue disallowed 80P deduction by treating FDR interest as income from surplus funds. ITAT ruled Totgars applies only to surplus funds, not to statutory reserves mandated by co-operative law.

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