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Judiciary

Section 263 Revision Quashed as AO Examined Depreciation on Goodwill: Gujarat HC

December 25, 2025 729 Views 0 comment Print

The issue was whether depreciation on goodwill arising from demerger was wrongly allowed. The Court held that since the Assessing Officer had made due enquiries and taken a plausible view, revision under Section 263 was invalid.

Revised Form 10 Filed During Assessment Held Valid for Accumulation Claim of Trust

December 25, 2025 822 Views 0 comment Print

The Tribunal ruled that revising Form 10 during assessment does not invalidate a trust’s accumulation claim when the original form was filed on time. The key takeaway is that revised filings before assessment completion are permissible.

Provisional Release of Used Specialised Equipment Cannot Be Withheld Without Centralised Monitoring: CESTAT Kolkata

December 25, 2025 387 Views 0 comment Print

CESTAT held that withholding goods due to a 100-unit model-wise limit was unsustainable where no centralized monitoring existed, and directed provisional release against bond and bank guarantee.

SC Upholds Bar on Clubbing Syndicate Income With Individual Assessee

December 25, 2025 687 Views 0 comment Print

Affirming the High Court, the Supreme Court held that syndicate income assessable in the hands of the AOP cannot be reassessed in members’ hands.

Penalty on Customs Broker Set Aside as Classification Dispute Was Settled in Importer’s Favour

December 25, 2025 591 Views 0 comment Print

The Tribunal ruled that once the classification was upheld for the importer, penalty on the customs broker could not be sustained. The decision underscores that a resolved classification dispute cannot justify penal action on the agent.

Negative Blocking of ECL Held Beyond Scope of Rule 86A: P&H HC

December 25, 2025 666 Views 0 comment Print

The High Court ruled that Rule 86A does not permit blocking of input tax credit beyond what is available in the electronic credit ledger. Creating a negative balance was held to be without jurisdiction.

Bogus Purchase Addition Fails Without Incriminating Material Under Section 153A

December 25, 2025 630 Views 0 comment Print

The issue was whether additions could survive when no incriminating material was found during search proceedings. The court upheld the Tribunal’s view that Section 153A jurisdiction was invalid, leading to dismissal of the appeal.

Calcutta HC Allowed ED to Attach Properties Due to Suspected Proceeds of Crime

December 25, 2025 471 Views 0 comment Print

The High Court permitted the Enforcement Directorate to attach and freeze assets after finding a prima facie case of money laundering. The ruling reinforces ED’s powers to secure properties to protect depositor interests.

Gauhati HC Denied Bail Due to Alleged Role in Organised Fake ITC Network

December 25, 2025 876 Views 0 comment Print

Bail was denied after the Court noted that the alleged offences involved a multi-state organised network. The ruling affirms that the gravity and scale of economic offences are key factors in bail decisions.

Goods Not Liable to Confiscation Due to Procedural Delay in PIMS Registration: CESTAT Delhi

December 25, 2025 867 Views 0 comment Print

The Tribunal held that delayed PIMS registration, when completed before clearance, is a procedural lapse. Confiscation and penalty were set aside as the import was not in substantive violation of policy.

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