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Judiciary

Cloud point not significant parameter hence detaining of bulk liquid cargo of Distillate Oil quashed

January 3, 2026 354 Views 0 comment Print

Gujarat High Court held that detaining of bulk liquid cargo of Distillate Oil is liable to be quashed detaining since cloud point is not a significant parameter in as much as other significant parameters are satisfied.

Notification and circular under Customs Act cannot take away benefit under FTP and HBP

January 3, 2026 531 Views 0 comment Print

CESTAT Chennai held that notifications and circulars issued under the Customs Act, 1962 cannot take away the benefit which is otherwise available under the Foreign Trade Policy [FTP] and Handbook of Procedure [HBP].

Recovery by income tax department prior to conclusion of trial under PMLA is erroneous in law

January 3, 2026 627 Views 0 comment Print

Delhi High Court held that application of income tax department for release of FDR towards tax liability not entertained until conclusion of trial under Prevention of Money Laundering Act, 2002 [PMLA] since PMLA has an overriding effect over the provisions of Income Tax Act.

Provision of interest on loan from state government being ascertained liability cannot be disallowed u/s. 37

January 3, 2026 321 Views 0 comment Print

ITAT Pune held that provision of interest on loan from state government is ascertained liability and hence couldn’t be disallowed under section 37 of the Income Tax Act. Accordingly, the appeal is allowed.

Transfer of case u/s. 127 to centralize assessment of all connected persons is justifiable

January 3, 2026 588 Views 0 comment Print

Punjab and Haryana High Court held that transfer of case from Chandigarh to Panaji under section 127 of the Income Tax Act to centralize the assessment of all connected or linked persons at one place is justifiable. Accordingly, the present petition is dismissed.

Duty free import of ‘walnut inshell’ against entry of ‘dietary fibres’ permissible

January 3, 2026 570 Views 0 comment Print

Gujarat High Court held that the duty free import of “Walnut Inshell” against the entry of “Dietary Fibres” in the DFIA license issued under SION Norms E-5 for export Biscuits is permissible. Appeal stands disposed of, accordingly.

Opening Cash and Debtors Explain ₹1.03 Cr Cash Deposit

January 2, 2026 1065 Views 0 comment Print

The assessee demonstrated that the ₹1.03 crore cash deposit arose from opening cash balance and collections from sundry debtors. The Tribunal held that the onus stood discharged and deleted the entire addition.

CPC Exceeded 143(1) Powers by Rewriting Dividend Income

January 2, 2026 975 Views 0 comment Print

ITAT held that CPC cannot increase dividend income based on Schedule BP entries, restricting taxable dividend to the amount correctly disclosed in the return and upholding section 115BBDA exemption.

Section 148 Notice Invalid as PCIT Approval Failed After 3-Year Limit

January 2, 2026 621 Views 0 comment Print

The Assessing Officer proceeded with reassessment after three years based solely on PCIT approval. The Tribunal emphasized that compliance with Section 151 is mandatory, and failure renders the notice under Section 148 void.

Split Jurisdiction Breaks Reassessment, U/s 147 Order Quashed

January 2, 2026 819 Views 0 comment Print

Reassessment was quashed as the statutory process under the faceless regime was not followed end-to-end by the same authority. Such jurisdictional inconsistency vitiates the entire proceedings.

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