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Judiciary

Penalty Deleted as Incorrect Carry-Forward Loss Claim was Bona Fide Error: ITAT Chandigarh

November 21, 2025 351 Views 0 comment Print

The Tribunal held that the incorrect carry-forward loss claim arose from an inadvertent mistake and was not deliberate. The penalty was deleted after noting absence of concealment or inaccurate particulars.

Import of parts of e-rikshaw without essential components not to be presumed as import of e-rikshaw in CKD/SKD

November 21, 2025 729 Views 0 comment Print

CESTAT Delhi held that import of parts of e-rikshaw cannot be presumed to be import of an e-rikshaw in complete knocked-down/semi knocked-down [CKD/SKD] condition as three essential components were not imported. Accordingly, demand set aside.

Reassessment Quashed – Section 151 Approval Held Mechanical; No Application of Mind by PCIT

November 21, 2025 642 Views 0 comment Print

The Tribunal held that reopening was invalid as the sanctioning authority recorded only a one-word approval. Key takeaway: Mechanical approval without reasoning vitiates jurisdiction under Section 147.

CESTAT Upholds Penalties for Illegal Removal of Seized Goods Under Customs Act

November 21, 2025 480 Views 0 comment Print

The Chennai Tribunal upheld penalties against custodians, steamer agents, and employees for removing seized goods without permission, confirming accountability under the Customs Act.

Employees on deputation can be repatriated at any time by competent authorities: Calcutta HC

November 21, 2025 2181 Views 0 comment Print

The Calcutta High Court dismissed the writ petition, confirming the petitioner’s repatriation under DOPT OM 17-06-2010. The CAT’s findings on unsuitability and compliance with notice requirements were upheld.

Addition Deleted as Clerical Mistake Doesn’t Overrule Substantive Evidence

November 21, 2025 516 Views 0 comment Print

The Tribunal ruled that an addition of Rs. 25 lakh was unjustified as the genuineness of a cash deposit from agricultural land sale was established, despite minor errors in affidavit.

Quashed Reassessment: Borrowed Info & Sec 151 Approval Invalid

November 21, 2025 303 Views 0 comment Print

Reopening notice under Section 148 was held invalid as the AO ignored co-purchasers’ contributions and granted mechanical approval under Section 151 without application of mind. The Tribunal ruled the reassessment and associated additions null and void.

CESTAT Upholds ₹10 Lakh Penalty on Customs Broker for Benami, Unauthorised Shipping Bills

November 21, 2025 594 Views 0 comment Print

CESTAT Delhi upheld a ₹10 lakh penalty on a customs broker for filing benami Shipping Bills without exporter authorization, confirming liability for mis-declared goods.

NCLAT Upholds Assignment of Admitted GST Dues as Operational Debt

November 21, 2025 558 Views 0 comment Print

NCLAT ruled that GST dues of a corporate debtor, once admitted in CIRP, transform into operational debt, allowing assignment to a private creditor. The appeal challenging the debt transfer was dismissed.

Ex-Directors Cannot Reopen Withdrawn Loan Cases to Alter Records: DRAT

November 21, 2025 321 Views 0 comment Print

The DRAT set aside the DRT order directing the bank to update credit information, ruling that former directors and guarantors cannot reopen withdrawn loan proceedings to alter CIBIL records.

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