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Case Laws
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AI Text Quick Glance by AI Headnote
AI TextQuick Glance (AI)Headnote
Accommodation entry addition fails without corroboration and cross-examination where third-party material is relied upon.
An addition for alleged accommodation entry from a third party could not be sustained where the assessee denied any purchase or sale transaction, explained the receipts as recovery of earlier dues, and supported that position with ledger material not effectively rebutted by the Revenue. The addition, based mainly on investigation information and a third-party statement, failed because the Revenue did not factually establish receipt of accommodation entry with corroborative evidence. The absence of supply of the third-party statement and denial of cross-examination also offended natural justice. On that basis, the addition was deleted.
AI TextQuick Glance (AI)Headnote
Indexed cost and section 54 relief cannot be denied merely for missing vouchers or joint property names.
Indexed cost of improvement cannot be rejected outright merely because decades-old bills and vouchers are unavailable where the record otherwise shows an existing constructed superstructure, the acquisition and improvement chronology, and stamp valuation of the built portion; the cost must be recomputed on a reasonable basis, including constructed area and applicable PWD rates. Section 54 relief cannot be curtailed simply because the new residential property is held in joint names when the assessee funded the investment from own funds. Acquisition-linked payments such as premium, GST, stamp duty, registration and infrastructure charges form part of eligible investment, while optional club membership charges are excluded.
AI TextQuick Glance (AI)Headnote
Faceless reassessment jurisdiction fails before scheme notification, while untested third-party evidence cannot support additions without fair rebuttal.
Faceless reassessment proceedings initiated before the relevant scheme became operational through notification lack jurisdiction, rendering the consequential assessment unauthorized. Additions relating to sale of unlisted investments require comparable evidence or a valuation basis, particularly where the investments were disclosed in audited balance sheets and previously accepted. Alleged undisclosed receipts cannot rest on third-party material when the taxpayer is denied underlying reports and cross-examination of persons whose statements are relied upon. Such denial prevents an effective rebuttal and breaches principles of natural justice, making the additions unsustainable.
AI TextQuick Glance (AI)Headnote
Composite installation contracts and TDS: material purchases excluded, service payments tested separately, with disallowance confined to deductible default only.
Composite installation contract payments were examined for TDS purposes under section 194C and consequent disallowance under section 40(a)(ia). The material component of the contract was treated as outside TDS deduction in the assessee's hands, while the labour or service component had to be tested separately against the actual deductions made and the statutory monetary limits. Payments below the prescribed threshold were not subject to deduction, and only the balance amount on which tax was deductible but not deducted could be considered for disallowance. The disallowance was also stated to be restricted to 30% where applicable, limiting the TDS default adjustment to the deductible service portion only.
AI TextQuick Glance (AI)Headnote
Fees for technical services require making available know-how; treaty protection barred TDS liability on UAE consultancy payments.
Advisory and consultative services rendered by a UAE-based consultant were not taxable as fees for technical services because the work was limited to review, comments, suggestions, and supervisory inputs, with no making available of technical knowledge, skill, or know-how for independent future use. In the absence of a treaty article taxing such income and with no permanent establishment in India, domestic law could not be used to enlarge treaty chargeability. The remittance was therefore outside the taxable category, the payer had no obligation to deduct tax at source, and the demand under sections 201(1) and 201(1A) failed.
AI TextQuick Glance (AI)Headnote
Arbitrary notional additions without factual basis cannot stand when the record already contains evidence and explanations.
Arbitrary notional additions based on ad hoc percentages were held unsustainable where they lacked a reasonable factual foundation. An estimated 1% addition on investments in the balance sheet was deleted because it rested only on non-compliance with notices and not on supporting material. An estimated 12% addition on loans and advances, together with restoration of the matter to the Assessing Officer, was also set aside because the record already contained evidence and explanations, yet the authorities proceeded on surmises and presumptions. The governing principle is that additions cannot be sustained on mere notional estimation or arbitrary percentages without objective basis in the material on record.
AI TextQuick Glance (AI)Headnote
Explained gold jewellery in search cases: purchase bill and customary gifts justified deletion of the balance addition.
Gold jewellery and coins found in a locker were treated as explained where part was shown as customary gifts and part as purchased from self funds. The Tribunal accepted the evidentiary value of the purchase bill and applied the CBDT instructions governing search cases involving gold jewellery, holding that the remaining addition could not be sustained on the overall facts. The balance addition relating to the gold was deleted.
AI TextQuick Glance (AI)Headnote
Deemed dividend treatment applies to shareholder loans despite interest or repayment when section 2(22)(e) conditions are met.
A loan advanced by a closely held company to its shareholder is treated as deemed dividend under section 2(22)(e) when the statutory conditions are satisfied. Its interest-bearing character or later repayment does not, by itself, take the advance outside the provision. The decision in Pradip Kumar Malhotra was treated as fact-specific and not controlling, while Smt. Tarulata Shyam was applied for the principle that the statutory language admits no equitable exception once the conditions exist. An agreed assessment does not create estoppel in law, but the operative question remains the statutory applicability of section 2(22)(e).
AI TextQuick Glance (AI)Headnote
Reassessment scope cannot exceed recorded reasons; additions on unrelated transactions were unsustainable and deleted.
Reassessment under section 147 must remain confined to the reasons recorded for reopening, and the Assessing Officer cannot sustain additions on issues outside that jurisdictional basis. Where the recorded reasons referred to accommodation entries from specified entities but the assessment made additions for transactions with different entities not mentioned in those reasons, the reassessment exceeded the permissible scope. The addition on matters not covered by the recorded reasons was therefore unsustainable and was deleted in favour of the assessee.
AI TextQuick Glance (AI)Headnote
Belated Form 10IC filing treated as procedural; eligibility for concessional tax regime remanded for fresh consideration.
Belated filing of Form 10IC was treated as a procedural issue in considering eligibility for the concessional tax regime under section 115BAA, with the return having been filed within time and the option indicated in the return. The Tribunal noted authorities supporting substantial compliance, beneficial interpretation and relief in genuine hardship cases, but also observed that the form was not before the CPC at processing stage, no application under section 119(2)(b) had been made, and the record was incomplete. The matter was therefore remanded to the Assessing Officer for fresh consideration after hearing the assessee, and no final determination on merits was made.
AI TextQuick Glance (AI)Headnote
Customs Act offences require proof of false declaration or attempted evasion; mere concealed gold and suspicion are insufficient.
For conviction under Sections 132 and 135(1)(a) of the Customs Act, 1962, the prosecution must prove beyond reasonable doubt a false declaration, fraudulent evasion, or a legally cognisable attempt to evade duty or prohibition. Where gold was recovered but the accused was intercepted after immigration, before reaching the customs clearance stage or making any declaration at the Red or Green Channel, those statutory ingredients were not established. Concealment in a waist belt raised suspicion about intention, but suspicion could not replace proof. The Delhi HC therefore found the acquittal justified and declined interference.
AI TextQuick Glance (AI)Headnote
Roasted arecanut classification upheld; reclassification, confiscation, and penalties failed after court-directed testing confirmed low moisture.
Imported arecanut was held classifiable as roasted arecanut under CTH 20081920, because an un-stayed advance ruling in the importer's own case and a later court-directed laboratory report showing 2.09% moisture both supported that classification. The contrary reclassification to raw arecanut under CTH 08028020 was rejected. Once the goods were accepted as correctly declared and classified, the alleged misdeclaration-based confiscation under Sections 111(d) and 111(m) of the Customs Act, 1962 and the related penalties under Sections 112(a) and 112(b) could not survive. The confiscation and penalties were therefore set aside.
AI TextQuick Glance (AI)Headnote
Time-bound CIRP and liquidation for prolonged delay upheld; adverse remarks against the resolution professional also sustained.
In CIRP, the NCLAT reaffirmed that insolvency proceedings must be completed within the statutory timeline and that liquidation is justified when delay in refiling, reconsideration after remand, and placement of the revised resolution plan causes the process to languish beyond the permissible period. It held that Sections 12 and 33 of the Insolvency and Bankruptcy Code support liquidation where no timely approved plan is available and delay erodes asset value. The Tribunal also declined to expunge adverse remarks against the erstwhile resolution professional, finding them supported by the record, including delayed meetings, no further extension sought, and prolonged delay in moving the approval application.
AI TextQuick Glance (AI)Headnote
Fraudulent trading through concealed asset-sale proceeds supports contribution to corporate assets, while SFIO investigation requires Central Government discretion.
Fraudulent trading under Section 66 of the Insolvency and Bankruptcy Code may be established through cogent circumstances showing concealment and diversion of corporate assets. Where subsidiary shareholding was sold, the investment remained recorded in financial statements and sale proceeds were not accounted for, the persons concerned must satisfactorily explain the transactions once adequate material indicates wrongful conduct. The resulting contribution of diverted proceeds to the corporate debtor's assets was maintained. Investigation by the Serious Fraud Investigation Office, however, cannot be directly ordered by the Adjudicating Authority because the Companies Act assigns that discretion to the Central Government; the direction was set aside and referred for consideration under the prescribed procedure.
AI TextQuick Glance (AI)Headnote
Composite ICT school education services remain exempt where infrastructure is incidental and the dominant character is education.
ICT school programme services were treated as a single composite educational service because supply and installation of infrastructure, maintenance, teacher training, and computer education were integral to one bundled activity. The essential character of the contract was imparting education to government and government-aided schools, with infrastructure serving only as the medium of delivery. On that basis, the services fell within the negative list for the earlier period and, after the negative-list entry was omitted, continued to qualify for exemption under the corresponding mega exemption entry. The circular and exemption scheme were read consistently to preserve exemption for education-related services, so no service tax liability arose.
AI TextQuick Glance (AI)Headnote
Customs confiscation turns on statutory presumptions, independent proof of smuggled proceeds, and established culpable involvement for penalty.
For notified goods under Section 123 of the Customs Act, 1962, possession without lawful explanation and unrebutted evidence of foreign origin can sustain confiscation of gold biscuits, and redemption is not available as of right on those facts. Confiscation of Indian currency as sale proceeds of smuggled goods under Section 121 requires independent proof of a nexus with smuggled goods; where the record contains only investigative statements and no corroboration, confiscation cannot stand. Penalty under Section 112 must rest on established culpable involvement: it was upheld, with reduction, for the person in possession of the gold, while it was set aside for the other person for lack of evidence.
AI TextQuick Glance (AI)Headnote
Customs classification and penalty principles: optical data equipment fell under the specific machine heading, while extended limitation failed without suppression.
ONT/ONU and OLT were held classifiable under CTI 8517 62 90 because their essential function was reception, conversion and transmission of data, and the residual subscriber-end entries under CTI 8517 69 50/8517 69 90 could not apply once the goods fell within the specific machine heading. Exemption claims under Notifications No. 24/2005-Cus and 57/2017-Cus were remanded for fresh consideration because the technical material and expert opinion on whether the goods were excluded as optical transport network products had not been addressed. The extended limitation period and penalties were set aside for want of collusion, wilful misstatement or suppression, and because classification dispute alone did not establish a false statement of fact.
AI TextQuick Glance (AI)Headnote
Provisional release of seized goods and cash permitted subject to bond and conditions despite pending departmental proceedings.
Provisional release of seized goods and seized cash was allowed where the Tribunal noted that the related classification dispute and release request had already been decided in the appellant's favour in earlier matters. The Tribunal also accepted that the order on provisional release was confined to interim custody and did not determine the merits of the pending departmental proceedings. On that basis, release was permitted subject to execution of the required bond and compliance with other conditions.
AI TextQuick Glance (AI)Headnote
Unjust enrichment and duty refund: accounting treatment alone does not prove passing on of excise duty incidence.
Refund claims for duty paid under protest were not barred by unjust enrichment where the assessee showed that the duty burden was not passed on to customers. Booking the duty as expenditure in the profit and loss account was not, by itself, enough to prove recovery from buyers. The deciding factor was the factual evidence that the new cement unit was operating at a loss, sales realizations were below cost of production, and the Chartered Accountant certificate and supporting financial records showed no passing on of incidence. In the absence of contrary proof from the department, the refund was properly sanctioned with interest.
AI TextQuick Glance (AI)Headnote
Deemed search dates on or after the statutory cutoff bar assessments of other persons under search assessment provisions.
For a person other than the searched person, the first proviso to section 153C links the relevant search date to the assessing officer's receipt of seized material. Section 153C(3), effective from 1 April 2021, excludes its application to searches initiated on or after that date. Where the deemed search date falls on or after that date, assessment under section 153C lacks jurisdiction; section 148 provides the applicable route.

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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