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Case Laws
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AI Text Quick Glance by AI Headnote
AI TextQuick Glance (AI)Headnote
GST registration suspension requires taxpayers to exhaust return filing and Proper Officer remedies before pursuing writ jurisdiction.
GST registration suspension and proposed cancellation for non-filing of returns require the registered person to file pending returns or reply within 30 days before seeking writ relief. Suspension may be lifted upon filing the returns, while Rule 21A(4) provides for revocation after Rule 22 proceedings are completed. Under Rule 22(4), the Proper Officer must drop proceedings where the reply is satisfactory and, where applicable, all pending returns are filed with tax, interest and late fee paid. Because recourse before the Proper Officer remained unexhausted, the writ challenge was declined, leaving the registered person to pursue the available statutory process.
AI TextQuick Glance (AI)Headnote
E-invoice non-generation alone does not justify transit penalty where transaction records establish no intent to evade tax.
E-invoicing requirements apply to notified registered persons, requiring an invoice with IRN/QR code before goods commence movement. Failure to generate the e-invoice at that stage is a procedural lapse, but a transit penalty is not justified where the tax invoice, e-way bill and lorry receipt accurately identify the parties, goods, value and tax liability. Where no discrepancy, concealment, falsification, undervaluation or intent to evade tax is established and the later e-invoice corresponds to the same transaction, the penal consequence under Section 129 is unsustainable.
AI TextQuick Glance (AI)Headnote
Unexplained money assessments in property transfers require proof of actual receipt, not uncorroborated cash-payment claims or identified cheque advances.
Section 69A requires reliable proof that the assessee owned or received the precise sum in the relevant previous year and that its nature and source remained unexplained. The cheque advance received during property-transfer negotiations had an identified payer, banking trail and established character, so it was not unexplained money; any retained advance required consideration under section 51 in the relevant year. The alleged cash consideration lacked proof of delivery or receipt, while the agreement, broker statements and electronic communications were inconsistent or uncorroborated. The cash amount was therefore not assessable as unexplained money. Both additions were deleted.
Quick Glance (AI)Headnote
Board appeal instructions make low-tax-effect departmental challenges before CESTAT non-maintainable and support withdrawal of pending appeals.
Board instructions under section 131BA regulate departmental appeals before CESTAT through prescribed monetary thresholds. Appeals with tax effect below the applicable limit may be withdrawn, including pending appeals. Low tax effect constitutes a basis for treating a departmental appeal as non-maintainable. The framework concerns the Board's power to issue instructions governing the institution and continuation of departmental appeals.
AI TextQuick Glance (AI)Headnote
Fit and proper insolvency professional status cannot be denied solely because disciplinary proceedings continue after punishment is stayed.
Fit and proper status for enrolment as an insolvency professional cannot be denied solely because disciplinary proceedings remain pending where the punishment removing the applicant from the professional register has been stayed in appeal. Under clause 4(1)(g) of the Insolvency Professionals Regulations, the applicant remained registered and permitted to perform professional duties while the punishment was in abeyance. The distinction between staying the punishment and continuing disciplinary proceedings did not support a finding of unfitness. The enrolment rejection was set aside, requiring fresh consideration without influence from the pending appeal.
AI TextQuick Glance (AI)Headnote
Pre-suspension default controls Section 10A despite a mistaken Form I date and failed One-Time Settlement in CIRP applications.
Section 10A does not bar a Section 7 CIRP application where the actual default occurred before the suspension period, even if Form I mistakenly records a later date arising from non-payment under a One-Time Settlement. Failure of the settlement restores the original debt position rather than creating a fresh default. A default-date error and other procedural defects may be rectified where cure does not affect merits or jurisdiction, and supporting documents may be placed on record. At admission, the enquiry remains confined to financial debt, default and application completeness; unsupported assertions of solvency or commercial viability do not displace CIRP admission. A reasoned admission order should record the material establishing debt and qualifying default.
AI TextQuick Glance (AI)Headnote
Statutory CGST appeals provide the prescribed remedy for challenging assessment orders and enable full examination of taxpayer objections.
CGST assessment orders that are appealable under the statutory appellate mechanism should be challenged through that remedy. Taxpayers may raise all objections to an assessment order in the statutory appeal, where the contentions are to be considered and decided in accordance with law within a reasonable period. The material addresses a challenge to an assessment order and identifies the statutory appeal route as the available legal remedy, with pending applications to be disposed of accordingly.
AI TextQuick Glance (AI)Headnote
Statutory personal hearing and reasoned orders require fresh first-instance adjudication when duplicate e-way bill evidence remains disputed.
Requested personal hearings and reasoned orders are required where an adverse GST determination turns on disputed factual evidence. Denial of a post-reply hearing and failure to address explanations concerning duplicate e-way bills, a single supply, and alleged additional taxable transactions breach the requirements of Sections 75(4) and 75(6). Later appellate hearings do not automatically rectify that original-stage defect. Rule 138(9) does not create a new charge; failure to cancel an e-way bill is relevant but not conclusive of an additional supply. The dispute requires fresh adjudication confined to the existing notice, with primary records, a meaningful hearing, and a speaking order.
AI TextQuick Glance (AI)Headnote
GSTR-2A mismatches trigger ITC verification, but claimants must independently prove eligibility, tax payment, and lawful credit utilisation.
For FY 2018-19, absence of supplier invoices from GSTR-2A does not by itself justify denial of input tax credit because section 16(2)(aa) did not apply; it instead triggers verification. The claimant must still establish the conditions for credit under section 16 and discharge the burden of proof under section 155. A supplier certificate under Circular No. 183/15/2022-GST is evidentiary, not conclusive, without return-level proof of reporting error and tax payment. IGST, CGST and SGST are separate tax heads, requiring transaction-level reconciliation for any lawful cross-head adjustment. Interest applies to wrongly availed and utilised credit, and statutory penalty follows a sustained tax demand.
AI TextQuick Glance (AI)Headnote
Interlocutory relief awaits appeal registration while urgent scrutiny must be completed expeditiously before priority listing.
Interlocutory relief under Rule 29 may be considered in a pending matter, but substantive consideration of a stay and priority-listing request was deferred where the appeal remained under scrutiny and unregistered. Urgency justified expedited Registry scrutiny. The Registry was directed to register the appeal if no deficiency existed and thereafter place the interlocutory application before the Bench.
AI TextQuick Glance (AI)Headnote
Additional court fee for first GST appeals remains payable despite statutory appeal-payment requirements and a later notification.
Additional court fee under the Kerala Court Fees and Suits Valuation Act applies to first GST appeals filed before the State GST appellate authority. Although the CGST/KGST appeal provision specifies payments required to maintain an appeal, it does not displace the separately applicable State court-fee levy. The recognised validity and applicability of the additional fee bind both State GST authorities and appellants. A later notification does not remove the pre-existing obligation to pay the applicable court fee. Consequently, payment of additional court fee remains required for a first GST appeal.
AI TextQuick Glance (AI)Headnote
Input tax credit relief survives retrospective supplier cancellation absent transaction-specific evidence of fictitious invoices, non-receipt, or inadmissibility.
Input tax credit eligibility must be assessed on transaction-specific facts and evidence under the CGST and UPGST Acts. Retrospective cancellation of a supplier's registration does not, by itself, establish that invoices were fictitious, supplies were not received, or credit was otherwise inadmissible. Return discrepancies likewise do not prove ineligibility of identified credit without supporting material. The claimant's burden applies to the particular transactions in question, while any tax demand must remain confined to the grounds stated in the proceedings. Limited input tax credit relief based on examined GST-record amendments was sustained.
AI TextQuick Glance (AI)Headnote
Tax recovery stays require merit-based discretion; non-payment alone cannot justify refusing interim protection during a pending appeal.
Stay of tax-recovery proceedings requires the assessing authority to exercise discretion by considering the request's merits and relevant facts. CBDT stay-demand guidelines do not make payment of 20% of the disputed demand an automatic precondition to examining a stay request. Refusal based only on the appeal's pendency and non-payment, without assessing merits or other material circumstances, was unsustainable and required fresh determination.
AI TextQuick Glance (AI)Headnote
Section 68 proof requirements and review due diligence bar unsupported cash-credit explanations and rehearing of factual findings.
Section 68 requires the assessee to establish the creditor's identity, creditworthiness and the genuineness of a credit transaction. Unsupported accommodation-entry explanations and unsubstantiated onward transfers do not discharge that burden. Review under Order XLVII Rule 1 read with Section 114 of the Code of Civil Procedure requires new and important evidence that could not have been produced earlier despite due diligence. Material available in public records during the original proceedings does not satisfy that standard, and review jurisdiction cannot be used to rehear settled factual findings without an error apparent on the face of the record.
AI TextQuick Glance (AI)Headnote
Duty drawback entitlement survives post-export destination failures where export proceeds are realised through the applicable rupee trade mechanism.
Duty drawback entitlement arises on completion of export, when goods leave Indian territorial waters and title passes to the buyer. Subsequent non-arrival at the intended destination does not itself defeat drawback, particularly where sale proceeds are realised through the applicable rupee trade remittance mechanism and have not been rejected or reversed under foreign-exchange controls. Recovery provisions for erroneous or excess drawback differ from those addressing unrealised export proceeds. Goods already exported fall outside confiscation provisions confined to goods to be taken out of India; absent confiscability, the basis for related penalties, interest, and personal penalties fails.
AI TextQuick Glance (AI)Headnote
Expiry of the seizure-notice period requires return of goods despite provisional release arrangements covering other seized items.
Section 110(2) of the Customs Act requires seized goods to be returned if notice under Section 124(a) is not issued within six months, unless a valid extension, capped at a further six months, is granted. Provisional release under Section 110A does not displace that statutory consequence. Machines and spare parts not covered by a provisional-release order cannot remain detained after expiry of the maximum notice period. Continued detention beyond that period was treated as unlawful, with release requiring execution of a bond equivalent to the goods' value.
AI TextQuick Glance (AI)Headnote
Admissibility safeguards for statements and electronic evidence can prevent penalties for alleged airport gold-smuggling abetment claims.
Penalty for alleged abetment of gold smuggling could not rest on statements recorded under the Customs Act unless the statutory safeguards for admissibility were met, including examination of the maker, a determination of admissibility, and an effective opportunity for cross-examination, unless an exception applied. Electronic call records and WhatsApp chats also required the prescribed certification. Faulty screening equipment, the absence of assigned screening duties as a proper officer, and lack of independent evidence linking the appellant to possession, handling, or dealing in smuggled gold further undermined the allegation. The penalty for abetment was therefore unsustainable.
AI TextQuick Glance (AI)Headnote
Liquidation-auction forfeiture clauses can cover deposited sale consideration when a successful bidder defaults despite disclosed title concerns.
Express liquidation-auction terms permitting forfeiture of the entire deposited amount upon a successful bidder's payment default remain effective despite Schedule I's ceiling on earnest money deposit. The deposited sum may include both earnest money and part sale consideration where the bidder voluntarily accepted the stipulated terms. An as-is-where-is sale, coupled with prior disclosure of title-related concerns, prevents reliance on those concerns to justify delayed payment. Repeated assurances without demonstrated financial capacity, proceedings involving another entity that do not prevent payment, and unsupported claims of unequal treatment do not defeat forfeiture. No refund is due where the bidder fails to pay the balance consideration within the stipulated period.
AI TextQuick Glance (AI)Headnote
Personal guarantor settlements do not confer financial creditor priority or interrupt statutory liquidation estate distributions.
One-time settlement by a personal guarantor with the sole financial creditor does not terminate or alter liquidation absent a recognised statutory route, and does not make the guarantor a financial creditor without debt assignment or substitution. After the financial creditor's claim is satisfied, forfeited earnest money deposit forms part of the liquidation estate and must be restored for statutory distribution. Approved remuneration for an erstwhile liquidator's claim-processing, auction and related work may be paid from the estate. An admitted operational creditor participates in the statutory waterfall, while the guarantor, including as asset purchaser or promoter, has no priority and may receive only any surplus after statutory claims.
AI TextQuick Glance (AI)Headnote
Extended limitation for service tax recovery fails where VAT and ST-3 returns disclose all relevant taxable transactions.
Extended limitation for service-tax recovery under section 73 requires established suppression of facts, wilful misstatement, fraud, or comparable conduct. Disclosure of relevant receipts and taxable transactions in VAT and ST-3 returns, particularly where those records were considered when the proposed demand was dropped, does not establish such conduct. Recovery is consequently confined to the normal limitation period. The service-tax demand for 2015-16 was therefore barred by limitation.

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2015 (11) TMI 255 - SCH - Customs

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Delay condoned, but Special Leave Petition dismissed as the Court found no basis to entertain the customs challenge.
Delay was condoned, but the SC found no reason to entertain the Special Leave Petition and dismissed it. The order records only the procedural result and ... Summary

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Acts Income Tax