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    Assessment limitation under DRP procedures remains governed by combined statutory timelines, rendering delayed final orders jurisdictionally invalid.
    Limitation for final assessment under section 144C(13) and its interplay with section 153; orders beyond limitation quashed
    Mandatory Section 20 safeguards govern retention of property under the money laundering law, and non-compliance makes detention unsustainable.
    Refund of cenvat credit for deemed exports: claim barred when filed beyond one year from quarter end.
    Condonation of delay in Special Leave Petition: 676-day unexplained delay leads to dismissal on delay and merits.
    Delay in filing Special Leave Petition and lack of merit led to dismissal of the challenge.
    Anticipatory bail in GST evasion case granted after cooperation, no risk of evidence tampering, and limited maximum punishment.
    Levy of penalty under section 271AAC read with 274 stayed pending resolution of substantial question of law; appeal allowed
    Money-laundering prosecution fails where predicate offences end in discharge and no proceeds of crime survive.
    Settlement applications under the Income Tax Act must be considered on merits when pending 153A/153C notices exist at filing.
    Resolution plan finality bars belated tax claims after approval, preserving the corporate debtor's clean slate.
    Assessment reopening needs independent reasons to believe; borrowed commission-based grounds and delayed challenge failed.
    Capital gains valuation under section 50C: circle rate multiplicative factor based on revenue records, factor '1' applied
    Limitation for final assessment under section 144C(13) governed by 144C read with 153; order held time-barred
    Limitation for passing final assessment order under section 144C(13) and section 153 interplay leads to quashing of time-barred orders
    Long term capital loss on sale of shares sustained where independent valuation remained undisputed and revenue failed to rebut
    Transfer pricing comparables and adjustments turned on functional similarity, segmental data, and operating expense treatment in margin computation.
    Limitation for passing final assessment orders under section 144C(13) vis-à-vis section 153 held to govern jurisdiction and lead to quashing where ti...
    Reopening assessments require prior specified authority approval under Section 151; notice issued without such approval held invalid.
    Crude palm oil exemption interpretation clarifies "4 or more" acid value has no upper limit, preserving concessional benefit after reprocessing.
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AI TextQuick Glance (AI)Headnote
Assessment limitation under DRP procedures remains governed by combined statutory timelines, rendering delayed final orders jurisdictionally invalid.
Final assessment orders under section 144C(13) read with section 153 must comply with the outer limitation period applicable to assessment proceedings, including proceedings remitted or continued after DRP directions. The statutory timelines in sections 144C and 153 operate inclusively rather than as separate alternatives. Where the final orders are issued after the limitation date calculated under their combined operation, they lack jurisdiction and are liable to be quashed. The stated conclusion treats the delayed final assessment orders as invalid and grants relief to the assessee.
AI TextQuick Glance (AI)Headnote
Limitation for final assessment under section 144C(13) and its interplay with section 153; orders beyond limitation quashed
Limitation for passing final assessment orders under section 144C(13) must be determined by reference to section 144C read with section 153 when the provisions overlap in relation to transfer pricing proceedings; the tribunal applied a prior Madras High Court precedent to reject the revenue's contention that section 153 alone governs limitation. The tribunal found that final assessment orders were issued beyond the applicable limitation period under the combined scheme and therefore lacked jurisdiction; consequence: the impugned final assessment orders were quashed as time-barred.
AI TextQuick Glance (AI)Headnote
Mandatory Section 20 safeguards govern retention of property under the money laundering law, and non-compliance makes detention unsustainable.
Retention of property under the Prevention of Money Laundering Act requires strict compliance with Section 20, including a fresh recorded reason to believe after seizure, forwarding of the retention order and supporting material to the Adjudicating Authority, observance of the 180-day limit, and satisfaction of prima facie involvement in money laundering. Section 20 is a mandatory safeguard and a precondition to the confirmation process under Section 8(3). Direct resort to adjudication without these steps bypasses the prescribed statutory procedure and renders continued retention legally unsustainable, while also affecting constitutional protection of property.
AI TextQuick Glance (AI)Headnote
Refund of cenvat credit for deemed exports: claim barred when filed beyond one year from quarter end.
Clarifies that for refund of cenvat credit relating to deemed exports the "relevant date" for limitation is the last day of the period (quarter) for which refund is claimed, and the statutory one-year limitation runs from that date. The procedural scheme permitting an initial one-month filing and any prescribed extended period must be read against that relevant date; consequently a refund application filed more than one year after the quarter end is time-barred. The decision concludes that a claim for the OctoberDecember quarter filed after the one-year period is barred by limitation and dismissed.
AI TextQuick Glance (AI)Headnote
Condonation of delay in Special Leave Petition: 676-day unexplained delay leads to dismissal on delay and merits.
Condonation of delay was the central issue: a 676-day unexplained delay was held to be gross, furnishing no satisfactory grounds for extension, and the petition was dismissed on that basis. Independently, the impugned High Court order was found not to merit interference after review of the record, and accordingly the Special Leave Petition was also dismissed on merits. The operative effect is refusal of relief both for want of timely prosecution and for lack of substantive entitlement to overturn the High Court decision.
AI TextQuick Glance (AI)Headnote
Delay in filing Special Leave Petition and lack of merit led to dismissal of the challenge.
A Special Leave Petition was filed with a gross delay of 406 days, and the delay was not satisfactorily explained. The SC also found no reason to interfere with the impugned High Court order on merits. The petition was therefore dismissed both for delay and on merits.
AI TextQuick Glance (AI)Headnote
Anticipatory bail in GST evasion case granted after cooperation, no risk of evidence tampering, and limited maximum punishment.
Anticipatory bail was granted in a prosecution alleging evasion under the Chhattisgarh Goods and Services Tax Act, 2017. The Court noted that the alleged offence was not punishable with death or life imprisonment and carried a maximum sentence of five years. It also relied on the applicant's cooperation with the investigation, the absence of any likelihood of tampering with evidence or influencing witnesses, and the applicant's readiness to comply with bail conditions, including furnishing bond and appearing as required.
AI TextQuick Glance (AI)Headnote
Levy of penalty under section 271AAC read with 274 stayed pending resolution of substantial question of law; appeal allowed
Levy of penalty under the tax penalty provision was contested on grounds that a substantial question of law raised in relation to assessment years 2013-14 to 2019-20 was pending before the High Court; this pendency formed the basis for setting aside the appellate and penalty orders. The tribunal held that the assessing officer is at liberty to initiate penalty proceedings only after the substantial question of law is decided by the High Court, and the taxpayer's challenge to the penalty proceedings was allowed accordingly.
AI TextQuick Glance (AI)Headnote
Money-laundering prosecution fails where predicate offences end in discharge and no proceeds of crime survive.
Money-laundering under the Prevention of Money Laundering Act, 2002 cannot be sustained without property constituting proceeds of crime derived from a subsisting scheduled offence. Because the predicate cases had ended in discharge, no prima facie offence survived in the underlying criminal matters, and the attachment orders had also been set aside, the Court treated the foundation of the PMLA complaint as extinguished. On that basis, it held that the prosecution could not continue and that the accused applicants were entitled to discharge at the charge stage.
Quick Glance (AI)Headnote
Settlement applications under the Income Tax Act must be considered on merits when pending 153A/153C notices exist at filing.
Applications for settlement before the Interim Board were considered in light of whether the assessee had a live, unadjudicated notice under Sections 153A/153C when the application was filed. The text states that where Section 245C does not prescribe any prior cut-off date, an application filed while such proceedings are pending should be examined on merits. It also notes the view that a CBDT order under Section 119(2)(b) could not extend the filing period for settlement applications while denying the benefit to a class of assessees, and that the challenged clause in that order was treated as invalid. The applications filed on or before 30.09.2021 were directed to be considered on merits.
AI TextQuick Glance (AI)Headnote
Resolution plan finality bars belated tax claims after approval, preserving the corporate debtor's clean slate.
Approved resolution plans extinguish pre-approval tax liabilities that were not raised before approval, and belated departmental demands cannot be added later because they would prevent the corporate debtor from starting on a clean slate. Applying that principle, post-approval claims for earlier assessment years were treated as roadblocks to implementation of the resolution plan, so the challenge failed and the special leave petition was dismissed.
Quick Glance (AI)Headnote
Assessment reopening needs independent reasons to believe; borrowed commission-based grounds and delayed challenge failed.
Reopening of assessment requires the Assessing Officer to independently record reasons to believe and not merely borrow material from an external report; here, the stated reasons were based on the Justice M.B. Shah Commission report without independent satisfaction. The Supreme Court also noted an unexplained delay of 424 days in filing the Special Leave Petition and declined interference with the High Court's order, dismissing the petition both for delay and on merits.
AI TextQuick Glance (AI)Headnote
Capital gains valuation under section 50C: circle rate multiplicative factor based on revenue records, factor '1' applied
Capital gains computation under section 50C concerns application of the circle rate multiplicative factor determined by the recorded character of land. The legal basis is that revenue records identifying land as agricultural/residential govern circle rate characterisation, and unauthorised commercial use alone does not effect deemed conversion unless recognised by revenue authorities; consequence: the multiplicative factor of 1 must be applied and an assessing officer's application of factor 3 based on actual use is invalid, resulting in a ruling for reduction of the circle rate valuation.
AI TextQuick Glance (AI)Headnote
Limitation for final assessment under section 144C(13) governed by 144C read with 153; order held time-barred
Interplay between limitation for passing final assessment under section 144C(13) and section 153 is addressed, with reliance on precedent treating the provisions as mutually inclusive and overlapping; the legal basis is that limitation must be determined by reading the specific timeline in section 144C read with section 153, thereby extending the applicable reference for computing limitation. Applying that principle to the facts, the final assessment order issued by the assessing officer was found to have been passed beyond the applicable period of limitation and is therefore time-barred.
AI TextQuick Glance (AI)Headnote
Limitation for passing final assessment order under section 144C(13) and section 153 interplay leads to quashing of time-barred orders
Interplay between limitation under section 144C(13) and section 153 addresses whether the time bar for passing final assessment is governed solely by section 144C or read with section 153. The commentary applies the reasoning of an earlier decision treating sections 144C and 153 as mutually inclusive and overlapping because both relate to transfer pricing assessment procedure, and concludes that final assessment orders rendered beyond the combined limitation are without jurisdiction. Consequence: such time-barred final assessment orders must be quashed when passed after the limitation under section 144C read with section 153.
AI TextQuick Glance (AI)Headnote
Long term capital loss on sale of shares sustained where independent valuation remained undisputed and revenue failed to rebut
Long term capital loss claimed on sale of shares was contested on grounds of genuineness and valuation; the assessing officer rejected the claim without specifying deficiencies in the assessee's independent valuation or producing an alternative valuation, and the revenue failed to counter the valuation during appellate and remand proceedings. The absence of any material disputing the share sale prices or demonstrating a different net asset value led to acceptance of the assessee's position and rejection of the assessing officer's summary disallowance, with appellate conclusions favouring the assessee's claimed loss.
AI TextQuick Glance (AI)Headnote
Transfer pricing comparables and adjustments turned on functional similarity, segmental data, and operating expense treatment in margin computation.
Transfer pricing benchmarking requires comparables to be tested for functional similarity and, where available, reliable segmental data; one comparable was remanded for segment review, another for examination on its ARMS segment, a third was rejected in line with the earlier year, and a newly disputed comparable was sent back for full-profile scrutiny. Risk adjustment was not finally quantified and was remanded for fresh determination on proof of risk differences, while working capital adjustment was to be allowed under the DRP's methodology. Bank charges and provision for doubtful debts were treated as operating expenses for margin computation, requiring recomputation. A Rule 27 application based on an adjustment not arising from the assessment order was held not maintainable.
AI TextQuick Glance (AI)Headnote
Limitation for passing final assessment orders under section 144C(13) vis-à-vis section 153 held to govern jurisdiction and lead to quashing where time barred
Interplay between limitation for passing final assessment orders under section 144C(13) and section 153 is addressed, concluding that the timeline for completing final assessments must be determined by reading the provisions together where they overlap; because the provisions are mutually inclusive as they both relate to transfer pricing proceedings under section 92CA, limitation for passing final assessment orders is governed by section 144C read with section 153, resulting in final assessment orders passed beyond that combined limitation period being without jurisdiction and liable to be quashed.
AI TextQuick Glance (AI)Headnote
Reopening assessments require prior specified authority approval under Section 151; notice issued without such approval held invalid.
Validity of reopening of assessment focuses on the mandatory requirement of prior approval by the specified authority before issuing a notice beyond three years. The legal basis is that the prescribed satisfaction/approval by the distinct specified authority is jurisdictional and mandatory, and failure to obtain it vitiates the notice and renders proceedings invalid. Where more than three years have elapsed, approval must originate from the designated higher authority and cannot be substituted by a lower officer; absence of such specified-authority approval results in the notice being without jurisdiction and liable to be quashed.
AI TextQuick Glance (AI)Headnote
Crude palm oil exemption interpretation clarifies "4 or more" acid value has no upper limit, preserving concessional benefit after reprocessing.
Interpretation of an exemption notification concerning imported crude palm oil turns on textual construction: the phrase indicating Acid Value "4 or more" has no upper limit, so an upper limit cannot be read into the notification, and denial of concessional benefit solely because the Acid Value exceeded 10 was not justified. A strict textual approach and burden of proof on the denying authority is endorsed, and reliance on an unrelated administrative circular is rejected as inapposite. Reprocessing of imports to meet edible standards and subsequent PHO clearance negates the ground for denial, resulting in allowance of relief where notification criteria are met by permissive reading.

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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