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Case Laws
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AI Text Quick Glance by AI Headnote
AI TextQuick Glance (AI)Headnote
Demand notice under insolvency law need not always include invoices when contractual debt and default are otherwise proved.
A section 9 application could not be rejected merely because invoices were not annexed with the demand notice where the minimum royalty obligation arose from the contract itself and debt was otherwise supported by the agreement and correspondence. Rule 5 permits a demand notice in Form 3 or a copy invoice in Form 4, so invoices were not mandatory in every case. The correspondence reflected acknowledgment of liability, leaving at most a reconciliation dispute on quantum and not a substantive pre-existing dispute. The claim was contractual, not a mere unliquidated damages claim, and operational debt and default were established.
AI TextQuick Glance (AI)Headnote
Anticipatory bail in a serious economic offence turns on prima facie role, custodial interrogation, parity, and criminal antecedents.
The commentary addresses anticipatory bail in a coal levy scam, focusing on whether prima facie material, custodial interrogation, parity with co-accused, and criminal antecedents justified relief. It notes that the case diary and a co-accused's supplementary statement were said to indicate involvement in a serious economic offence involving alleged administrative influence, a shift from online to offline coal transport verification, and substantial public loss. It also states that parity was considered inapplicable because the other accused were said to be on different facts and the investigation remained pending.
AI TextQuick Glance (AI)Headnote
Customs penalty cannot rest on uncorroborated third-party records or an unproved statement under section 108
CESTAT New Delhi held that a statement recorded under section 108 of the Customs Act could not be relied on without compliance with section 138B, so it was not admissible as reliable evidence against the appellant. It further held that penalty under section 112(b) could not stand on third-party ledger entries and computer print-outs alone, because no incriminating material was recovered from the appellant, no independent corroboration supported the alleged dealings, and the required proof of conscious dealing with goods liable to confiscation, together with knowledge or belief of that liability, was absent. The penalty order was therefore unsustainable and the appeal was allowed.
AI TextQuick Glance (AI)Headnote
Customs penalty under section 112(b) fails without corroboration, admissible statements, and proof of conscious dealing with confiscable goods.
Penalty under section 112(b) of the Customs Act cannot be sustained on uncorroborated third-party records or statements recorded under section 108 unless the evidentiary requirements of section 138B are complied with. Where no independent material supports the alleged purchase, receipt, or dealing in goods, and the record does not establish conscious involvement or knowledge that the goods were liable to confiscation, the essential ingredients of section 112(b) remain unproved. On that basis, the penalty was set aside.
AI TextQuick Glance (AI)Headnote
Customs penalty under section 112(b) fails where knowledge, dealing, and corroborated evidence are not proved.
Penalty under section 112(b) of the Customs Act was unsustainable because the record did not prove that the person was concerned with, possessed, or dealt in goods liable to confiscation, or that the person knew or believed they were so liable. Statements recorded under section 108 were not proved in the manner required by section 138B, and third-party ledger entries and computer print-outs lacked independent corroboration. On that evidence, the legal ingredients for penalty were not established.
AI TextQuick Glance (AI)Headnote
Section 112(b) penalty requires admissible, corroborated proof of conscious dealing with confiscable goods and requisite knowledge.
Penalty under section 112(b) of the Customs Act, 1962 requires proof that the person was concerned with or dealt with goods liable to confiscation and had knowledge or belief of their confiscable character. A section 108 statement could not be relied on because the procedure under section 138B was not followed, and third-party computer printouts and private records seized from another premises were unsupported by independent corroboration. On that evidentiary basis, the statutory ingredients of section 112(b) were not established, and the penalty was set aside.
AI TextQuick Glance (AI)Headnote
SEZ supplies and customs duty: duty, consequential interest, and unnotified penalty were held unsustainable
Goods supplied to an SEZ unit for authorised operations were held not to attract customs duty because the SEZ regime overrode the charging provisions in that context, and the duty demand was therefore set aside. Once the duty demand failed, interest and the penalty under section 114 of the Customs Act, 1962 could not survive as they were consequential. The penalty under section 114AA was also held unsustainable because the show cause notice had not proposed that specific penal action, depriving the noticee of effective notice. The order confirming duty, interest, and penalties was set aside insofar as it related to the appellant.
AI TextQuick Glance (AI)Headnote
Un-invoiced group allocations were not taxable service consideration where no actual service or recipient liability was proved.
Un-invoiced allocations by a foreign parent to its Indian subsidiary were not taxable because they were shown as internal stewardship or shareholder ? No, avoid non-English. They were treated as expenses retained in the parent's books, not as services consumed by the Indian company, and no contractual service-provider relationship was established. The subsidiary had already paid service tax on invoiced allocations under reverse charge, but the disputed amounts were neither recorded in its books nor supported by evidence of actual service. Mere book entries, cost allocations, reimbursements, or internal apportionments did not create taxable service or consideration, so the demand, interest and penalties were not sustainable.
AI TextQuick Glance (AI)Headnote
Reverse charge service tax depends on taxable service received in India, not foreign remittances, reimbursements, or accounting entries.
Service tax under reverse charge was found payable only where the department established that the payment related to a taxable service received in India or deemed received under the place-of-provision rules. Foreign currency remittances linked to import of goods, unidentified transactions, provisional or accrual entries, and pure reimbursements were not enough to attract tax. Expenses for events, exhibitions, accommodation, sponsorship and similar activities performed outside India were treated as outside the charge because the place of provision was abroad. The commentary also notes that revenue neutrality and a dispute turning on statutory interpretation weighed against invocation of the extended limitation period.
Quick Glance (AI)Headnote
Oppression and mismanagement claims raised delay, fraud scrutiny, additional evidence, and special auditor issues; interference was declined.
Delay and laches, acquiescence, estoppel, and the clean hands doctrine arise in oppression and mismanagement proceedings, alongside the Tribunal's jurisdiction to examine allegations of fraud and forgery. The issues also include the standard of preponderance of probabilities, perversity of findings in an appeal under Section 10F, admission of additional appellate evidence under Order XLI Rule 27 CPC, and appointment of a special auditor. The Supreme Court declined to interfere with the High Court's decision and dismissed the special leave petition.
AI TextQuick Glance (AI)Headnote
Co-operative credit deduction covers lawful nominal-member lending and business-linked deposit returns under section 80P(2)(a)(i).
Deduction under section 80P(2)(a)(i) extends to income from credit facilities provided to nominal or class C members validly recognised under the Karnataka co-operative law and admitted under the society's bye-laws. Their limited voting, management or profit-sharing rights do not make them non-members, and mutuality does not override statutory membership recognition. Interest and dividend from compulsory reserve, liquidity and refinance deposits, and temporary surplus funds deposited with a district co-operative bank, are attributable to the credit-facility business and qualify for deduction. The contrary position concerning investment-income deduction under section 80P(2)(d) does not apply where the claim is under section 80P(2)(a)(i).
AI TextQuick Glance (AI)Headnote
Foreign tax credit cannot be denied solely for delayed Form 67 filing when double-taxed income and taxes are verifiable.
Foreign tax credit under Section 90(2) and the applicable tax treaty cannot be denied solely because Form No. 67 was filed after the prescribed time. Rule 128 and Form No. 67 provide a procedural framework for claiming and verifying relief, while Rule 128(9) does not expressly provide for forfeiture due to delayed filing. Where foreign tax payment, the identity of doubly taxed rental income, and corresponding Indian tax are verifiable, treaty relief remains available. Credit for French taxes paid on rental income is subject to verification and limited to Indian tax attributable to that doubly taxed income. Questions on Article 6 of the India-France treaty and "may be taxed" were left open.
AI TextQuick Glance (AI)Headnote
Section 14A, bad debts and TDS disallowances: ITAT rulings on exempt income cap, book write-offs and contract-based tax deduction.
Section 14A disallowance cannot exceed exempt dividend income, so the addition was restricted to that income and the balance deleted. Bad debt write-off was allowed under sections 36(1)(vii) and 36(2) because the debt was written off in the books and the related income had been offered earlier. Tea and coffee expenses were not liable for disallowance under section 40(a)(ia) because employee reimbursements, payments below the TDS threshold, and vendor payments without proof of a contract for work did not attract section 194C. Hotel accommodation and meal charges for employee training were also deleted, as the bookings were treated as rate-contract arrangements and section 194I was not applicable.
AI TextQuick Glance (AI)Headnote
Retrospective supplier GST registration cancellation requires reconsideration of input tax credit eligibility under statutory invoice and documentation requirements.
Input tax credit eligibility affected by retrospective cancellation of a supplier's GST registration requires assessment under the CGST Act provisions governing entitlement to credit and tax invoices, together with the prescribed documentation requirements. The dispute concerns whether such cancellation can justify denial of credit to the recipient. Reconsideration is required with reference to relevant Division Bench decisions, without a final determination of the recipient's entitlement to input tax credit.
AI TextQuick Glance (AI)Headnote
Compounding in cheque dishonour cases is not an absolute right where the request is delayed and the complainant refuses consent.
Compounding under Section 147 of the Negotiable Instruments Act is not an absolute entitlement and may be refused where the application is belated, the complainant objects, and the accused's conduct indicates delay or lack of bona fides. In cheque dishonour proceedings under Section 138, the complaint had remained pending for years, the accused had earlier proposed repayment but failed to comply, and the compounding request was moved only after substantial progress in the matter. Those circumstances supported refusal of compounding, and no interference was warranted in the exercise of inherent jurisdiction.
AI TextQuick Glance (AI)Headnote
Revision under section 263 sustained for lack of inquiry in assessing unrecorded sales and related verification failures.
The ITAT upheld revision under section 263 where the Assessing Officer had accepted additional income from unrecorded sales without proper verification of related purchases, the profit element in the transactions, or the applicability of sections 69A and 115BBE. It found that no contemporaneous evidence supporting the alleged expenditure was examined at assessment, and that the invoices were produced only in revision proceedings. On that basis, the Tribunal held the assessment was made without adequate inquiry and fell within Explanation 2 to section 263, which treats an order as erroneous and prejudicial when necessary verification has not been done. The challenge to the direction for fresh assessment failed.
AI TextQuick Glance (AI)Headnote
Reassessment sanction under section 151(ii) must come from the specified higher authority; approval by a lower authority invalidates the notice.
Reassessment initiated after three years from the end of the relevant assessment year requires approval under section 151(ii) from the specified higher authority. Where sanction for issue of notice under section 148 was obtained from the Principal Commissioner instead of the Principal Chief Commissioner, the statutory approval requirement was not met, and the notice could not sustain the reassessment. Binding jurisdictional precedent was followed to hold that approval by a lower authority is ineffective. The reassessment proceedings were quashed on this jurisdictional defect, and the merits of the addition were not examined.
AI TextQuick Glance (AI)Headnote
Land transaction classification turns on totality of facts; repeated sales alone do not make investment stock-in-trade or business income.
Whether land sales constitute an adventure in the nature of trade depends on the totality of circumstances, including purchase intention, holding period, development activity, and systematic trading features; mere sale of multiple plots is not decisive. On the facts, 25 plots were bought in a single transaction, held for about six years, treated as investment in the books, and sold without evidence of organised real-estate trading, so the surplus was capital gains and not business income. The same reasoning applied to agricultural land: the transactions could not be taxed as business income, and the acquisition compensation and related additions were unsustainable. The assessment failed because the land dealings were wrongly characterised as trading activity.
AI TextQuick Glance (AI)Headnote
Prima facie contempt in refund non-compliance kept pending while respondents get time to file a reply.
The Delhi HC recorded a prima facie view that the respondents had not complied with earlier refund directions and may be in contempt of the order dated 28 March 2025, after noting repeated directions to process and grant the refund, the later rejection of the claim, and the petitioner's complaint of non-compliance. As the respondents sought time to file a reply, the Court granted four weeks for the response and two weeks thereafter for rejoinder, and directed the matter to be listed on the next date. The contempt proceedings were therefore kept pending for further consideration.
AI TextQuick Glance (AI)Headnote
Telescoping of disclosed income against estimated bogus turnover additions and deletion of demonetisation cash deposit addition
Where bogus turnover is estimated to yield commission income, income already disclosed on the same transactions may be telescoped against the estimated addition, but only to the extent of net income actually offered in the return; the gross profit from non-genuine business transactions is not available for such set-off. Cash deposits made during demonetisation were not treated as unexplained money because the assessee substantiated cash withdrawals, availability of cash balance, and subsequent redeposit through bank statements and books. Credit for self-assessment tax was to be allowed after factual verification, with the matter restored to the Assessing Officer for that limited purpose.

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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