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Curing Registry Defects: Unrectified filing objections left the GST appeal liable to rejection as defective.
Failure to cure fundamental and technical defects notified by the Registry through the online filing portal rendered the appeal liable to rejection as defective. Despite repeated effective opportunities to rectify the objections, the appellant neither appeared nor took corrective steps. Procedural compliance required rectification of the notified filing defects within the opportunities provided.
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Reassessment recovery protection limits refund adjustments to the pre-deposit while jurisdictional objections await appellate determination.
Prima facie jurisdictional objections to reassessment, including sanction and statutory limitation, supported interim protection while the pending appeal remained undecided. Because 20% of the disputed demand had already been deposited, recovery was limited to that amount: adjusted refunds exceeding the deposit were to be returned, and further refund adjustment was barred pending appellate disposal. The appellate authority was required to determine the appeal within 12 weeks.
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Valid Section 148 notice service is indispensable; defective affixture prevents reassessment jurisdiction despite participation in assessment proceedings.
Valid service of a jurisdictional notice under Section 148 is essential to commence reassessment. Service by affixture requires due diligence in attempting ordinary service, reliable witness verification, and affixture at the correct premises under the substituted-service requirements in Rules 17 to 20. Sending notice to an address different from the residential address in the registered sale deed, without satisfying those requirements, invalidates service. Participation in assessment proceedings does not cure invalid service under Section 292BB. Consequently, invalid service prevents reassessment jurisdiction under Section 147 from arising.
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Revisionary jurisdiction cannot cure invalid reassessment approval or create prejudice from a jurisdictionally defective foundation.
Jurisdictional defects in reassessment initiation may be examined collaterally in revision proceedings to test whether the underlying order has a legally sustainable foundation; participation, waiver, acquiescence, or failure to appeal cannot validate an inherent lack of jurisdiction. Where reassessment is initiated after the prescribed period, approval from the specified authority under section 151(ii) is a condition precedent. Approval under section 151(i), an office-holder's description, or subsequent departmental communication does not establish compliance. Revisionary jurisdiction under section 263 requires both error and prejudice and cannot cure invalid sanction or create lawful prejudice from defective reassessment proceedings.
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Juridical Seat Versus Venue: arbitral award challenges lie before the competent court at the contractual place of work.
Section 34 petitions filed within three months of an arbitral award satisfy the limitation period under Section 34(3). Where a contract directs adjudication before the court having jurisdiction at the place of work execution, and the work was executed in Sundargarh, the competent court there may entertain the award challenge. In the absence of an express or agreed juridical seat, arbitral sittings at another location for convenience constitute only a venue and do not create exclusive supervisory jurisdiction. Arbitrator appointment proceedings do not select the local court for subsequent proceedings, and Section 42 does not preclude merits consideration by the competent court at Sundargarh.
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Retrenchment compensation exemption covers BSNL voluntary retirement payments, and appellate authorities may admit correctly framed claims without revised returns.
Compensation received by BSNL employees under the 2019 Voluntary Retirement Scheme is treated as qualifying retrenchment compensation eligible for exemption under Section 10(10B). Where an employee originally sought relief under Section 10(10C), appellate jurisdiction can consider the exemption under the correct provision even without a revised return. The bar on fresh claims made otherwise than through a revised return is confined to the Assessing Officer and does not prevent an appellate authority from granting a substantively available exemption. Eligibility must therefore be assessed under the applicable provision rather than rejected for an incorrect original claim.
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Section 54F deduction claims may be admitted in appeal despite omission from reassessment returns, subject to factual verification.
Section 254 appellate jurisdiction permits the Tribunal to admit a Section 54F deduction claim not made in the reassessment return or before the Assessing Officer; the revised-return restriction applies to the Assessing Officer, not the Tribunal. A reasonable explanation supported admission because the assessee had initially disputed taxability of the capital gain and had not raised the alternative deduction claim. As factual eligibility and statutory conditions had not been examined, the Section 54F claim was remitted for verification of supporting evidence and adjudication in accordance with law.
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Notional interest on delayed related-party receivables requires no separate adjustment where verified debt-free status eliminates borrowing costs.
Notional interest on outstanding trade receivables from associated enterprises need not attract a separate transfer-pricing adjustment where the taxpayer is completely debt-free. Under the arm's-length framework, delayed recovery does not impose an additional financing burden if the taxpayer has no interest-bearing borrowings and incurs no borrowing cost. The debt-free status for the relevant years must be verified from financial records. If verification confirms complete absence of debt, the notional-interest adjustment on delayed receivables must be deleted.
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Retrenchment compensation exemption under Section 10(10B) may apply to BSNL VRS-2019 ex-gratia payments after individual eligibility verification.
Ex-gratia payments under BSNL VRS-2019 are characterised as retrenchment compensation, rather than ordinary voluntary-retirement compensation, for purposes of exemption under Section 10(10B) of the Income-tax Act. Eligibility depends on each recipient meeting the statutory requirements, particularly workman status, and requires verification by the Assessing Officer. The appellate sufficient-cause standard supports condonation of substantial filing delays where genuine hardship is shown and prior dismissal in limine prevented consideration of exemption claims on their merits.
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Rectification jurisdiction cannot reopen an order merely because a later retrospective tax amendment changes the governing legal position.
Section 254(2) confines rectification to a patent mistake apparent from the record that existed when the original order was made; it does not permit review of a concluded decision. An amendment enacted subsequently, even where retrospective, does not by itself create such a mistake in an order rendered under the law and binding precedents then prevailing. The retrospective insertion of Section 147A therefore cannot justify recalling the original order, particularly where the amendment's validity remains debatable.

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2016 (7) TMI 1552 - AT - Income Tax

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Tribunal Rules Sales to Other SEZ Units Ineligible for Deduction u/s 10AA of Income Tax Act; Direct Exports Verified.
The Tribunal upheld the AO's decision to disallow the deduction under section 10AA of the Income Tax Act for sales to other SEZ units, as these do not ... Summary

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Acts Income Tax