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Case Laws
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AI Text Quick Glance by AI Headnote
AI TextQuick Glance (AI)Headnote
GST registration restoration after non-filing requires pending returns to be filed and dues paid without unapproved input tax credit.
GST registration cancelled for non-filing of returns is to be restored subject to portal access, filing all pending returns and paying tax dues, interest and late-filing fees. Financial difficulties were accepted as a genuine explanation for the default, despite the failure to respond to the show-cause notice. The required payments cannot be adjusted against unutilised or unclaimed input tax credit, which may be used only after departmental scrutiny and approval.
AI TextQuick Glance (AI)Headnote
Delay in GST appeals may be condoned within the statutory extension period where a director's maternity leave establishes sufficient cause.
Section 107(4) of the Central Goods and Services Tax Act, 2017 permits extension of the three-month appeal period by one month where sufficient cause for delay is shown. An appeal filed 29 days after the ordinary period remained within the condonable period, and the director's maternity leave was accepted as a genuine reason for delay. The rejection for delay was set aside, and the delay was condoned.
AI TextQuick Glance (AI)Headnote
GST portal notices alone are ineffective after repeated non-response, requiring genuine alternative service efforts to safeguard natural justice.
Section 169(1) of the Central Goods and Services Tax Act, 2017 recognises uploading notices to the GST portal as a valid mode of service alongside other prescribed modes. When repeated portal notices receive no response, the issuing officer must make a genuine effort to serve the taxpayer through another prescribed mode, preferably registered post. Exclusive reliance on portal uploads in those circumstances does not constitute effective service, and an ex parte GST order based on that service violates the principles of natural justice.
AI TextQuick Glance (AI)Headnote
GST notice service requires exploring alternatives to portal uploads after repeated non-response to ensure a meaningful hearing opportunity.
GST portal upload is a valid mode of service, but repeated non-response to assessment notices requires the officer to explore other prescribed modes under Section 169(1) of the Central Goods and Services Tax Act, 2017, preferably registered post with acknowledgment due. Portal upload alone in these circumstances does not afford a meaningful opportunity to reply or be heard and breaches natural justice. Safeguards for fresh adjudication include an opportunity to submit objections and clear notice of a personal hearing. A bank-account attachment cannot survive the setting aside of the underlying assessment.
AI TextQuick Glance (AI)Headnote
GST notice service requires further efforts after repeated non-response to portal uploads before an ex parte assessment.
Under Section 169(1) of the Central Goods and Services Tax Act, 2017, uploading notices on the GST portal is a valid mode of service alongside other prescribed modes. Where repeated non-response follows portal uploads, officers must make a genuine effort to use other prescribed modes, preferably registered post. Sole reliance on portal uploads in those circumstances denies a meaningful opportunity to reply and be heard. An ex parte GST assessment made without effective service and a meaningful hearing violates natural justice.
AI TextQuick Glance (AI)Headnote
Statutory appeal against assessment permitted despite delay, with the appellate authority directed not to raise limitation against the petitioner.
The petitioner was granted liberty to pursue the statutory appellate remedy against an assessment order despite delay in challenging it. The appellate authority was directed not to raise limitation in relation to the appeal.
AI TextQuick Glance (AI)Headnote
University tax exemption counts UGC grants and government-granted land as financing; penalties fail when their sole underlying addition disappears.
Income of universities and educational institutions existing solely for education and not for profit is exempt under section 10(23C)(iiiab) if they are wholly or substantially financed by the Government. Under Rule 2BBB, the substantial financing test is met where Government grants exceed 50% of total receipts in the relevant previous year. UGC grants sourced from Central Government allocations and Government land grants in kind are included in that calculation. A penalty for under-reporting or misreporting has no surviving basis where it rests solely on an addition that has been deleted.
AI TextQuick Glance (AI)Headnote
Show-cause notice limits restrict GST adjudication: demands exceeding the proposed tax, interest, and penalty are jurisdictionally invalid.
Section 75(7) of the Uttar Pradesh Goods and Services Tax Act, 2017 restricts an adjudicating authority to confirming only the tax demand proposed in the show-cause notice. Where an adjudication order confirms tax, interest, or penalty exceeding the amounts proposed, the excess confirmation breaches this mandatory limitation and is jurisdictionally invalid. The permissible scope of adjudication is confined to the demand specified in the notice, and no enhanced liability may be confirmed beyond it.
AI TextQuick Glance (AI)Headnote
GST Portal Notice Service Requires Alternative Steps When Repeated Uploads Receive No Response, Protecting Meaningful Hearing Rights
GST portal uploads are a statutorily valid mode of service, but repeated non-response requires the proper officer to consider other available modes under the CGST Act, preferably registered post with acknowledgement due. Exclusive reliance on portal uploads in such circumstances may reduce service to an empty formality, particularly where the taxpayer receives no meaningful opportunity of hearing. Failure to take reasonable steps to ensure effective service breaches principles of natural justice and vitiates an ex parte assessment and consequent appellate rejection.
AI TextQuick Glance (AI)Headnote
General insurance as an input service remains eligible for CENVAT credit when used in manufacturing despite narrowed definitions.
General insurance services used in relation to manufacturing remain eligible as input services for CENVAT credit after the amended definition narrowed the scope of eligible services. Although the phrase "activities relating to business" was removed, insurance retaining a direct or indirect nexus with manufacture falls within the principal limb of the definition. Credit is not barred unless the service falls within specified exclusions, including certain construction, motor-vehicle, or employee personal-use services. Clarification concerning sales commission does not restrict credit for otherwise qualifying insurance services.
AI TextQuick Glance (AI)Headnote
Statutory appellate limitation bars condonation beyond the outer period, while implemented GST registration restoration cannot later be challenged.
Section 107 of the CGST Act confines condonation of delay to its fixed additional period; the First Appellate Authority has no inherent power to extend that outer limit. Fact-specific writ directions do not enlarge statutory appellate jurisdiction, and equity cannot override an express limitation provision. Accordingly, an appeal filed beyond the statutory maximum cannot be admitted. Where the Department has implemented an order restoring GST registration and the taxpayer has continued business and filed returns on that basis, estoppel prevents the Department from challenging the restoration because no effective appellate relief remains available. The implemented restoration cannot therefore be undone through that challenge.
AI TextQuick Glance (AI)Headnote
Fraudulent prospectus compensation claims shift to collective insolvency proceedings when misconduct affects an insolvent company.
Section 35 compensation for an investor who subscribed to securities on the basis of a fraudulent prospectus is ordinarily a personal claim against liable persons, including a statutory auditor. Where the company is undergoing insolvency and the alleged fraudulent conduct is addressed through Section 66 proceedings under the Insolvency and Bankruptcy Code, recoveries form part of the collective insolvency process for creditors. The claim consequently assumes an action-in-rem character and cannot be pursued through a separate civil suit for the exclusive benefit of one investor. Recourse lies through the collective Section 66 process.
AI TextQuick Glance (AI)Headnote
Regular bail follows prolonged pre-trial custody where cognizance is pending and trial delay is likely.
Regular bail may be warranted where continued pre-trial custody is no longer necessary pending trial. Incarceration for about one year and three months, absence of cognizance, and proceedings at a nascent stage indicated that the trial would take considerable time. Bail granted to arrested co-accused and the non-arrest of several others further weighed against continued detention. Release was granted on terms to be fixed by the Trial Court.
AI TextQuick Glance (AI)Headnote
Statutory appeal limitation prevents condonation beyond the prescribed period, while implemented registration restoration bars effective departmental challenge.
Section 107 of the CGST Act sets a three-month appeal period and permits the First Appellate Authority to condone delay only for one additional month on sufficient cause. As a statutory authority, it has no inherent power to extend that outer limit; equitable considerations or High Court directions confined to particular writ proceedings do not enlarge its jurisdiction. Where the Department has implemented an order restoring GST registration, enabled business continuation and return filing, estoppel and orderly administration prevent a later challenge seeking to reverse that position. Registration restoration consequently remains effective despite invalid condonation beyond the statutory limit.
AI TextQuick Glance (AI)Headnote
GST late fees for delayed payment are not excluded from business expenditure as payments for a prohibited purpose.
GST late fees for delayed payment are compensatory and are not expenditure for an offence or a purpose prohibited by law. They are not excluded from business expenditure on that ground under Explanation 1 to Section 37. Section 69 concerns unrecorded investments whose nature or source is not satisfactorily explained. The assessee bears the burden of substantiating claimed sources of capital and bank credits. Supporting evidence includes bank reconciliation, borrower confirmations and documents for insurance maturity and fixed-deposit overdraft receipts.
AI TextQuick Glance (AI)Headnote
Section 54 exemption can cover adjoining flats used as one residence before the single-house restriction applied.
For assessment year 2012-13, section 54 permitted exemption for investment in adjoining flats that were acquired and intended to function as one residential accommodation; the later restriction to one residential house in India did not apply. Capital-gains computation for a property comprising land and a building must include indexation of the accepted allowable cost of the building, rather than indexation of land alone. Sufficient cause for delayed filing may be established by bona fide circumstances, including advanced age, difficulty accessing electronic communications, and prompt action upon learning of the appellate order.
AI TextQuick Glance (AI)Headnote
Leasehold-right transfers are not construction-related taxable supplies, preventing blocked-credit restrictions and fraud-based recovery on related input tax credit.
Transfer of leasehold rights in an industrial plot is treated as a transfer of benefits arising from immovable property rather than a taxable supply. Consequently, input tax credit on acquiring those rights cannot be characterised as blocked credit under the construction-related restriction, which applies only to lawfully taxable inward supplies of goods or services received for construction of immovable property. No construction occurs merely through a transfer of leasehold rights. Fraud-based recovery cannot be invoked where the underlying transaction is non-taxable and the credit is not ineligible. Tax collected on a subsequent transfer was deposited with the Government.
AI TextQuick Glance (AI)Headnote
PMLA bail restrictions yield where prolonged custody and delayed predicate proceedings undermine personal liberty and speedy trial.
Section 45 of the Prevention of Money-laundering Act imposes additional twin conditions for bail but is not an absolute prohibition. Prolonged judicial custody, absence of framed charges, delayed filing of the predicate-offence charge sheet, and continuing investigation may show that trial is not likely to commence promptly. Where money-laundering proceedings depend on the scheduled offence, continued detention may impair Article 21 protections of personal liberty and speedy trial. Concerns about influencing witnesses may be addressed through stringent bail conditions, supporting regular bail despite Section 45 restrictions.
AI TextQuick Glance (AI)Headnote
Tax reimbursement arbitration permits contractual allocation while import and inter-State sales remain outside DVAT under an integral contractual nexus.
Contractual disputes over which party bears or reimburses tax are arbitrable where they concern reciprocal obligations and neither determine statutory tax liability nor bind tax authorities. For works contracts, transfer of property in goods is a deemed sale, but goods procured pursuant to an integral nexus with the contract may qualify as sales in the course of import or inter-State trade and remain outside DVAT. Contractual specifications, supplier approval, pre-inspection, tax-exemption certificates, custom-made goods and consignee identification may establish that nexus; subsequent incorporation into the works does not sever it. Limited review of arbitral awards precludes reappreciation of evidence where the tribunal's view is plausible.
AI TextQuick Glance (AI)Headnote
Effective service of GST show-cause notices requires alternative modes and meaningful personal hearing before ex parte assessment.
Ex parte GST assessments based on show-cause notices uploaded only to the GST portal may not provide effective service where repeated portal notices receive no response. Although portal upload is a recognised mode of service, the proper officer must explore other available modes, preferably registered post, to ensure an effective opportunity to respond. Confirming show-cause proposals without effective service and a meaningful personal hearing reduces the process to an ineffective formality; ex parte assessments made in those circumstances cannot be sustained.

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Central Excise

2010 (10) TMI 883 - AT - Central Excise

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Tribunal permits Cenvat credit on welding electrodes for maintenance as capital goods. Revenue appeals lack proper authorization.
The Tribunal allowed the assessee's appeals and rejected the Revenue's appeals, permitting Cenvat credit on welding electrodes for maintenance as capital ... Summary

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Acts Income Tax