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    October 8, 2026   Case Laws Income Tax
    Interim judicial restraint on tax deduction prevents default, while supporting reasonable cause and penalty deletion for foreign-leg LFC reimbursement...
    October 8, 2026   Case Laws Benami Property
    Benami land acquisition: cumulative evidence of limited means, payment source and purchaser statements supported provisional attachment.
    October 8, 2026   Case Laws Customs
    Interest on IGST on imported goods is unsustainable without a statutory charging provision for interest recovery.
    October 8, 2026   Case Laws Customs
    Customs revision under Section 129DD permits remand without separate enhancement notice where material evidence requires fresh adjudication.
    October 8, 2026   Case Laws Customs
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    October 8, 2026   Case Laws Customs
    Consignment-specific customs classification bars unsupported reliance on later test reports and protects scrap imports from revaluation and penalties.
    October 8, 2026   Case Laws Customs
    Duplicated customs-duty refunds cannot depend on unavailable ICEGATE challans; delayed refunds processed under statutory procedure attract interest.
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    Election to realise security outside liquidation must be clearly and timely communicated, or secured assets remain in the liquidation estate.
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    October 8, 2026   Case Laws FEMA
    Independent FEMA adjudication permits proof of under-invoiced imports through reliable electronic records, but rejects uncorroborated extrapolated all...
    October 8, 2026   Case Laws Central Excise
    Specific nil-rate exemptions cover sealed-packaged Bhujia and Cheese Balls despite residual-entry packaging restrictions and tariff-item classificatio...
    October 8, 2026   Case Laws Income Tax
    Pecuniary Jurisdiction Defect Invalidates Reassessment Notice and Voids Consequential Assessment When Issued by an Incompetent Officer
    October 7, 2026   Notes GST
    Inverted-duty ITC refunds cover higher-rated component inputs, not just principal materials, subject to statutory exclusions and formula-based limits.
    October 7, 2026   Notes GST
    Statutory timing for GST detention: delayed penalty orders are invalid despite administrative obstacles or intervening regulatory action.
    October 7, 2026   Notes GST
    Supplier tax payment remains a cumulative input tax credit condition, while reversal demands require transaction-specific evidence and reasons.
    October 7, 2026   Notes GST
    Vested appellate rights protect penalty-only GST appeals from later pre-deposit burdens when adjudication began before amendment.
    October 7, 2026   Notes GST
    Section 74 extended limitation requires pleaded facts establishing fraud, wilful misstatement or suppression, not a mere tax mismatch.
    October 7, 2026   Case Laws GST
    Interest on wrongly availed and utilised input tax credit runs from actual utilisation until reversal under GST rules.
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October 8, 2026   Case Laws Income Tax
Interim judicial restraint on tax deduction prevents default, while supporting reasonable cause and penalty deletion for foreign-leg LFC reimbursements.
October 8, 2026   Case Laws Benami Property
Benami land acquisition: cumulative evidence of limited means, payment source and purchaser statements supported provisional attachment.
October 8, 2026   Case Laws Customs
Interest on IGST on imported goods is unsustainable without a statutory charging provision for interest recovery.
October 8, 2026   Case Laws Customs
Customs revision under Section 129DD permits remand without separate enhancement notice where material evidence requires fresh adjudication.
October 8, 2026   Case Laws Customs
Palmolein classification defeated the crude-oil concession; material misdeclaration sustained recovery and confiscation, while separate false-document penalty failed.
October 8, 2026   Case Laws Customs
Unchallenged redemption orders bar indirect challenges to customs duty conditions, while detention charges require proof of statutory infirmity.
October 8, 2026   Case Laws Customs
Consignment-specific customs classification bars unsupported reliance on later test reports and protects scrap imports from revaluation and penalties.
October 8, 2026   Case Laws Customs
Duplicated customs-duty refunds cannot depend on unavailable ICEGATE challans; delayed refunds processed under statutory procedure attract interest.
October 8, 2026   Case Laws IBC
Election to realise security outside liquidation must be clearly and timely communicated, or secured assets remain in the liquidation estate.
October 8, 2026   Case Laws IBC
Corporate veil lifting binds project land and allottee claims to restored resolution plans, barring parallel insolvency processes.
October 8, 2026   Case Laws IBC
Suspension of insolvency professional registration ends eligibility for ongoing assignments and does not automatically justify interim stay.
October 8, 2026   Case Laws FEMA
Independent FEMA adjudication permits proof of under-invoiced imports through reliable electronic records, but rejects uncorroborated extrapolated allegations.
October 8, 2026   Case Laws Central Excise
Specific nil-rate exemptions cover sealed-packaged Bhujia and Cheese Balls despite residual-entry packaging restrictions and tariff-item classification.
October 8, 2026   Case Laws Income Tax
Pecuniary Jurisdiction Defect Invalidates Reassessment Notice and Voids Consequential Assessment When Issued by an Incompetent Officer
October 7, 2026   Notes GST
Inverted-duty ITC refunds cover higher-rated component inputs, not just principal materials, subject to statutory exclusions and formula-based limits.
October 7, 2026   Notes GST
Statutory timing for GST detention: delayed penalty orders are invalid despite administrative obstacles or intervening regulatory action.
October 7, 2026   Notes GST
Supplier tax payment remains a cumulative input tax credit condition, while reversal demands require transaction-specific evidence and reasons.
October 7, 2026   Notes GST
Vested appellate rights protect penalty-only GST appeals from later pre-deposit burdens when adjudication began before amendment.
October 7, 2026   Notes GST
Section 74 extended limitation requires pleaded facts establishing fraud, wilful misstatement or suppression, not a mere tax mismatch.
October 7, 2026   Case Laws GST
Interest on wrongly availed and utilised input tax credit runs from actual utilisation until reversal under GST rules.

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Home › Highlights › Income Tax › 2023 › April, 2023 › This
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Income Tax

Validity of the re-opening of the assessment - non-issuance of...

Tax Assessment Quashed for Lack of Notice u/s 143(2) of Income Tax Act; Order Deemed Legally Flawed.

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Income Tax April 1, 2023 Case Laws AT
Validity of the re-opening of the assessment - non-issuance of notice u/s. 143(2) - In the absence of such notice, it is presumed that AO did not issue any notice u/s. 143(2) of the Act, hence the assessment was framed without meeting the requirement of law. - assessment order quashed being bad in law - AT
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