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Case Laws
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AI Text Quick Glance by AI Headnote
AI TextQuick Glance (AI)Headnote
Recall of ex parte orders cannot be denied on delay where express liberty was granted to contest pending proceedings.
Recall jurisdiction over ex parte procedural orders must be exercised consistently with procedural fairness. An application cannot be treated as substantially delayed when it was filed under express liberty granted by the Adjudicating Authority, especially where an earlier application mistakenly targeted a later order, its reply was already on record, and the substantive proceeding remained pending. The delay-based rejection was unsustainable; the ex parte order was recalled as against the appellant, enabling it to contest the pending proceeding.
AI TextQuick Glance (AI)Headnote
Condition at supply determines GST treatment of Psyllium seeds, with dried stored seeds taxable rather than exempt.
Psyllium seeds supplied after storage in dry, ventilated conditions are treated as dried goods rather than fresh or chilled goods, because their condition at the time of supply governs GST treatment. They therefore do not qualify for the exemption applicable to fresh or chilled Psyllium seeds, or for the alternative exemption for goods of seed quality. The seeds are classified under tariff item 1211 90 13 as dried plants and parts of plants used in pharmacy and attract GST at 5%. The fresh-or-chilled versus dried distinction determines exemption eligibility.
AI TextQuick Glance (AI)Headnote
Service tax non-remittance: penalties and extended limitation apply where collected tax is deliberately withheld after collection.
Deliberate collection of service tax without remittance constitutes evasion and may support statutory penalties and the extended limitation period. Penalty for delayed payment is a civil consequence; separate proof of mens rea is unnecessary once the statutory default is established. Admissions made during a customs inquiry were treated as substantive evidence where no contemporaneous retraction displaced them. The original penalty determination remained operative. Although housekeeping services were taxable, their assessable value required fresh determination from underlying invoices because no material challenged the invoices or their declared values. Deliberate non-remittance, supported by investigative admissions, established wilful suppression with intent to evade tax and sustained extended-period recovery.
AI TextQuick Glance (AI)Headnote
Personal hearing under GST is mandatory before adverse adjudication, requiring fresh proceedings where no hearing was afforded.
Personal hearing is mandatory under section 75(4) of the Goods and Services Tax Act, 2017 whenever an adverse adjudication is contemplated. Failure to grant that opportunity breaches the statutory hearing requirement and principles of natural justice, so an adverse GST order made without a personal hearing cannot be sustained. Fresh adjudication may proceed only after the assessee receives a due opportunity of hearing.
AI TextQuick Glance (AI)Headnote
Segmental profitability determines TNMM comparability, excluding unallocated BPO costs while retaining functionally comparable ITeS segments.
TNMM benchmarking using an OP/OC profit level indicator requires reliable segmental profitability, including a demonstrated allocation of common operating expenses. A BPO segment with unallocated entity-level expenses may understate costs and overstate margins and should be excluded as unreliable. A separate software-development business does not disqualify an entity where distinct ITeS segment results are available and the retained segments are functionally comparable. Information collected from a proposed comparable supports benchmarking only if the relevant segmental financial data reliably reflects profitability.
AI TextQuick Glance (AI)Headnote
Undisclosed income penalties require independently established unrecorded income; vague diary advances and search-statement surrenders alone are insufficient.
Penalty for undisclosed income under section 271AAB requires independent proof that the amount falls within the provision's exhaustive statutory definition. Strict construction applies because the provision is penal, and a surrender or admission in a search statement alone does not establish undisclosed income. Vague diary notings of advances, without details of parties, dates, purpose, terms, corroborative transactions, undisclosed assets, or an identified unaccounted source, represent an application or outflow of funds rather than unrecorded income. Deeming rules for unexplained income cannot be imported into section 271AAB's self-contained definition.
AI TextQuick Glance (AI)Headnote
Customs-smuggling abetment penalties remain sustainable when corroborated statements establish control and participation, though excessive penalties may be reduced.
Penalty under Section 112(i) of the Customs Act may be imposed for abetment of smuggling where witness statements, tested through cross-examination, are independently corroborated by documentary and financial evidence. Statements recorded under Section 108 are admissible, and cross-examination satisfies natural justice where witnesses maintain their accounts. Evidence of control over the importing entity, bank account, customs clearance, transportation, advances and container movement established participation in smuggling concealed gold and cigarettes. Liability to penalty was sustained, but the penalty imposed on each individual was reduced as excessive in the overall circumstances.
AI TextQuick Glance (AI)Headnote
Verification of pre-adjudication discrepancy proceedings required before determining whether subsequent tax demand proceedings can continue lawfully.
Verification of the asserted completion of the Rule 88C process was necessary before adjudicating liability under Section 73. The response containing relevant details required examination to determine whether Rule 88C had concluded in the petitioner's favour and, if so, whether that conclusion affected the sustainability of the Section 73 proceedings. The adjudication order was quashed and remanded for reconsideration.
AI TextQuick Glance (AI)Headnote
Unexplained cash deposits: documented business cash and returned procurement advances can satisfy the source explanation requirement.
Section 69A applies only where the taxpayer does not satisfactorily explain the nature and source of money. Cash deposited during demonetisation was explained as business cash, including advances returned by paddy-procurement agents, supported by cash books, financial statements, agent details and comparative deposit data. As the books were not rejected and available evidence supported the business practice, the source was treated as satisfactorily explained. No addition for unexplained cash deposits was warranted, and the factual finding raised no substantial question of law under Section 260A.
AI TextQuick Glance (AI)Headnote
Pre-existing disputes over outcome-based professional fees prevent Section 9 admission where the operational debt has not crystallised.
Section 9 of the Insolvency and Bankruptcy Code cannot support admission where a corporate debtor raises a plausible, bona fide pre-existing dispute requiring investigation. Disputes over the crystallisation and contractual entitlement to an outcome-based professional fee, the meaning of contractual success, and the effect of pending GST proceedings existed before the statutory demand notice. Rejected invoices and contemporaneous correspondence supported those disputes. The setting aside of the GST order underpinning much of the fee claim, along with unresolved questions concerning the capacity in which services were rendered and the regulatory permissibility of outcome-based fees, meant that no undisputed crystallised operational debt was established.
AI TextQuick Glance (AI)Headnote
Cenvat credit on concessional countervailing duty remains available where Customs duty is equivalent to applicable excise duty.
Cenvat credit is admissible for countervailing duty paid at the concessional rate under Notification No. 12/2012-Customs. Rule 3(1)(vii) of the Cenvat Credit Rules, 2004 permits credit of additional duty levied under the Customs Tariff Act where it is equivalent to the specified excise duty. Countervailing duty paid at 2% under the Customs exemption remained equivalent duty for this purpose. The restriction under the separate Notification No. 12/2012-Central Excise did not apply to credit of countervailing duty paid under the Customs notification.
AI TextQuick Glance (AI)Headnote
GST-induced differential tax liability requires State reimbursement to works contractors after verification of contractual records and calculations.
GST regime replacement of VAT may impose a differential tax burden on works contracts during their currency. The recipient of the works contract service bears the differential tax attributable to GST, and a contractor that has discharged that liability obtains a corresponding right to reimbursement. State authorities must determine and reimburse the differential GST liability after verifying the relevant contractual records and calculations.
AI TextQuick Glance (AI)Headnote
Deemed search date determines assessment block for non-searched persons under search-assessment provisions and excludes earlier assessment years.
For non-searched persons, the deemed date of search under the first proviso to Section 153C(1) governs computation of both the six-year and extended ten-year assessment blocks. Binding jurisdictional precedent treats the relevant date as the receipt or handover of seized books, documents or assets to the Assessing Officer having jurisdiction over that person, rather than the date of the original search. Where the satisfaction note and notice arise in financial year 2021-22, the permissible ten-year block runs from assessment year 2013-14 through assessment year 2022-23. Assessment year 2012-13 consequently falls outside that block.
AI TextQuick Glance (AI)Headnote
Personal hearing requirements in tax adjudication require portal notice; missing hearing intimations necessitate fresh proceedings.
Personal hearing under Section 75(4) requires effective advance intimation of hearing dates through the common portal. Where the last three hearing dates are not communicated and that omission is undisputed, the mandatory hearing requirement is not met. The resulting breach requires fresh adjudication after adequate advance notice, preserving the petitioner's opportunity to be heard.
AI TextQuick Glance (AI)Headnote
Section 10AA deduction verification requires fresh adjudication where Form 56F compliance and supporting evidence remain unverified.
Section 10AA deduction claims require fresh verification where compliance with Form 56F requirements and supporting evidence have not been examined by the Assessing Officer. Earlier directions to consider a manually filed Form 56F, having attained finality, cannot be reopened in subsequent proceedings. In the absence of compliance before the Assessing Officer and without a remand report before the appellate authority, the deduction claim requires fresh merits adjudication. The matters stand remitted to the Assessing Officer for verification and adjudication.
AI TextQuick Glance (AI)Headnote
Statutory foundation for deemed-income additions: unsupported opening balances, liabilities, debtors and alleged property payments cannot be taxed.
Deeming additions under sections 68, 69 and 69A require proof of the relevant statutory facts during the relevant year. A corrected opening capital balance traceable to an accepted prior-year closing balance is not current-year income without a fresh unexplained accretion. Section 69A cannot apply without evidence linking the taxpayer to unexplained money. Section 68 requires a credit during the year and does not cover brought-forward balances or explained contractual liabilities; recorded sundry debtors are debit balances, not unexplained credits or unrecorded investments. On these principles, additions for capital variation, alleged property on-money, creditors and debtors were deleted.
AI TextQuick Glance (AI)Headnote
Bail after charge-sheet filing granted where custodial interrogation was unnecessary and no criminal antecedents were stated.
Bail was directed after the charge-sheet had been filed, as no further custodial interrogation was required. Continued custody for nearly three months, coupled with the absence of stated criminal antecedents, supported release. The petitioner was therefore released on bail pending proceedings, and the special leave petition was disposed of on the stated facts.
AI TextQuick Glance (AI)Headnote
TDS credit in Form 26AS remains with the deductee unless the prescribed Rule 37BA transfer process is followed.
TDS credit reflected in a deductee's Form 26AS remains allowable to that deductee under Section 199 and Rule 37BA(1), even where fixed-deposit interest is clubbed in the spouse's income under Section 64. Rule 37BA(2)(i) permits credit to be transferred only when the deductee furnishes the prescribed declaration to the deductor and the deductor reports the deduction in the other person's name. In the absence of that process, clubbing does not displace the deductee's entitlement to the recorded credit. The claimed credit requires factual verification and redetermination against the correct TDS amount.
Quick Glance (AI)Headnote
Composite port-service classification tests whether warehousing and incidental activities may be separated for taxable-service treatment.
Port-service classification addresses whether storage and warehousing performed by a storage or warehouse keeper, including incidental or ancillary services, constitutes a taxable service. The legal issues include treating a composite activity as separable components for classification and identifying the proper appellate forum for a classification dispute. Procedural treatment of an exceptionally delayed civil appeal, founded on an asserted jurisdictional misconception, is also addressed.
AI TextQuick Glance (AI)Headnote
GST registration cancellation based solely on fake-entity listings requires physical verification before fresh action can proceed.
Cancellation of GST registration for fraud, wilful misstatement or suppression of facts requires the proper officer to form the requisite opinion under Section 29(2)(e) after providing due opportunity. Where proposed cancellation rests on a list identifying enterprises as fake, physical verification of the business premises under Rule 25 is necessary to determine whether genuine business is carried on, particularly when the registered person provides material concerning State-authority proceedings. A show-cause notice and cancellation founded solely on such a list, without physical verification, cannot be sustained. Fresh cancellation action may proceed after verification in accordance with Rule 25.

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VAT and Sales Tax

1996 (1) TMI 395 - HC - VAT and Sales Tax

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Concessional CST purchase for manufacturing generating set upheld where use matched registration certificate and no misuse was shown.
Penalty under section 10-A of the Central Sales Tax Act was not attracted where a diesel generating set was expressly included in the registration ... Summary

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Acts Income Tax