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Case Laws
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AI Text Quick Glance by AI Headnote
AI TextQuick Glance (AI)Headnote
TDS credit mismatches: employees avoid duplicate recovery when employers deducted tax but failed to deposit or report it.
Tax deducted at source from salary cannot be recovered again from an employee-deductee where the employee establishes that the employer deducted it, even if Form 26AS does not reflect deposit or correct reporting. Although TDS credit is linked to payment to the Central Government, direct recovery is barred to the extent tax was actually deducted; the defaulting employer-deductor may be treated as an assessee in default. The competent authority must verify reliable evidence of deduction, obtain or summon employer records where necessary, and rectify or amend the resulting tax demand when the claimed deduction is established.
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Rule 8D disallowance excludes investments that generated no dividend income during the relevant year for expenditure computation.
Rule 8D(2)(ii) machinery computation for Section 14A disallowance of expenditure relating to exempt dividend income is confined to investments that yielded dividend income in the relevant year. Unlisted securities that generated no dividend income cannot be included in the average value of investments for that computation. Including such non-yielding investments makes the further disallowance unsustainable.
AI TextQuick Glance (AI)Headnote
Interest income of co-operative credit societies qualifies for deduction when investments support member credit operations and business liquidity.
Co-operative credit societies that are not themselves co-operative banks may claim deduction under section 80P(2)(d) for interest from investments and deposits with co-operative banks, treated as other registered co-operative societies. The exclusion in section 80P(4) applies to a claimant that is a co-operative bank and does not bar such a society because the payer is a co-operative bank. Interest on nationalised-bank deposits qualifies as business income under section 80P(2)(a)(i) where deposits support liquidity requirements, members' fund protection, multi-location operations, and the conduct of credit facilities, rather than representing surplus funds parked outside the business.
AI TextQuick Glance (AI)Headnote
Inadvertent book-profit computation omissions do not attract under-reporting penalties when minimum alternate tax is correctly assessed and paid.
Penalty for under-reporting or misreporting is not leviable where an inadvertent omission to add back a tax provision in computing book profit is corrected, and tax is ultimately assessed and paid on the higher deemed income under the minimum alternate tax provisions. Because the book-profit adjustment was made, the normal-computation omission caused neither tax evasion nor revenue loss. The applicable departmental circular and the penalty principle governing tax determined on book profit support non-levy of penalty under Section 270A of the Income-tax Act, 1961.
AI TextQuick Glance (AI)Headnote
Arm's-length royalty benchmark under unilateral APA restricts associated-enterprise payments, while omitted domestic-transaction provision bars manufacturing adjustment.
Royalty and fees for technical services payable to an associated enterprise are benchmarked at 1.9% of net sales under the unilateral advance pricing agreement methodology, rather than nil or 2%. Omission of the provision covering expenditure with specified related parties from specified domestic transactions, effective 1 April 2017, precludes a transfer-pricing adjustment for manufacturing activity founded on that provision for the relevant assessment year. Taxable income must therefore apply the 1.9% royalty and technical-service rate and exclude the manufacturing adjustment.
AI TextQuick Glance (AI)Headnote
Leave-encashment exemption ceiling applies at the enhanced limit, subject to verification of receipt and statutory eligibility conditions.
Retirement leave encashment of Rs. 8,90,808 falls within the enhanced Rs. 25 lakh exemption ceiling under CBDT Notification No. 31/2023 for section 10(10AA) of the Income-tax Act. Applying the former Rs. 3 lakh ceiling is inconsistent with the enhanced limit. Exemption remains conditional on verification of the amount actually received and satisfaction of all applicable statutory requirements.
AI TextQuick Glance (AI)Headnote
Irrevocable tax option survives nil first-year income, but concessional treatment still requires satisfaction of substantive eligibility conditions.
Valid exercise of the statutory option by furnishing Form No. 10-ID within the prescribed time makes the option applicable to subsequent assessment years and irrevocable. Nil income or no tax computation under the concessional regime in the first eligible year does not itself withdraw or cancel that option. However, the continuing option does not independently establish entitlement to the concessional tax rate. Eligibility remains subject to verification of the substantive conditions applicable for the relevant year. Continued availability of the option and entitlement to concessional tax treatment are therefore distinct matters.
AI TextQuick Glance (AI)Headnote
Section 263 revision fails where assessment inquiries support a permissible view and no prejudice to Revenue arises.
Revisionary jurisdiction requires an assessment order to be both erroneous and prejudicial to Revenue. Relevant inquiries and documentary evidence concerning continuing business expenditure after transfer of stock, property-related indexed improvement costs and capital loss, and fixed-asset reclassifications support a permissible assessment view. Expenditure connected with retained liabilities and continuing income activities cannot be split solely by the transfer date; revenue neutrality also negates prejudice. Internal branch transfers of existing assets at book cost do not constitute fresh acquisitions. Revision cannot rest merely on a preference for another view after adequate inquiry.
AI TextQuick Glance (AI)Headnote
Merits adjudication of cash-deposit additions is required when related appeals are dismissed without examining the substantive issue.
Cash-deposit addition under the unexplained-credit and special tax-rate provisions requires merits adjudication where an earlier appeal was to be treated as ineffective only upon merger with a later appeal, but neither merger nor substantive examination occurred. The appellate authority must examine the addition after giving the assessee a reasonable opportunity of hearing. No conclusion was reached on either the validity or merits of the addition.
AI TextQuick Glance (AI)Headnote
Binding interim judicial directions protected leave fare reimbursements from tax deduction default and consequential interest despite foreign travel.
Binding interim judicial directions requiring leave fare concession reimbursements with a foreign travel leg not to be treated as income for tax deduction purposes prevented the bank's non-deduction from constituting a default. Although such reimbursements were not substantively exempt under section 10(5), the directions placed any eventual tax liability on employees if the writ petition failed. In the absence of modification, vacation, or inapplicability of that protection, a subsequent finding on substantive taxability could not retrospectively create a deduction obligation. The bank therefore was not an assessee in default under section 201(1), and consequential interest under section 201(1A) was not leviable.
AI TextQuick Glance (AI)Headnote
Export due diligence failures support customs penalties for concealed substitution of prohibited red sander logs.
Attempted export of prohibited red sander logs concealed by substitution for granite slabs can justify a customs penalty where export documentation and handling circumstances fail to establish bona fides. A purchase order inconsistent with the declared quantity, description, and value, use of a low-value free shipping bill, loading outside the exporter's premises, and absence of the usual company seal on the container indicate inadequate due diligence. Prior genuine exports do not by themselves displace these adverse circumstances. The penalty's quantum was reduced.
AI TextQuick Glance (AI)Headnote
Fair valuation-based buy-out directions were stayed pending appeal amid disputed valuations and minority shareholder exclusion concerns.
Interim suspension of oppression-and-mismanagement directions was considered where a fair valuation-based buy-out was disputed as relying on earlier contested valuation reports. Uncertainty also arose from the coexistence of a fair valuation mechanism and a mutually agreed purchase price. The assessment further identified apparent exclusion of a minority shareholder from meaningful management participation following the founder's death. The directions were stayed on an interim basis pending further listing, while removal and nominee-director directions were addressed separately.
AI TextQuick Glance (AI)Headnote
Statutory appellate remedy survives expired limitation periods when appeal is permitted without objection within granted time.
Statutory appellate remedy was permitted despite expiry of the prescribed limitation period and the period capable of condonation. The petitioner received liberty to file an appeal within two weeks. The appeal was to be entertained without any objection based on limitation, enabling recourse to the statutory appellate process notwithstanding the expired time limits.
AI TextQuick Glance (AI)Headnote
Natural justice requires alternative service when cancelled GST registration renders portal-only tax notices legally inadequate.
Where GST registration has been cancelled and business operations have ceased, solely uploading a show-cause notice on the GST portal does not constitute adequate service for proceedings under Section 74 of the Uttar Pradesh GST Act. Notice must be issued through an alternative mode consistent with principles of natural justice. Failure to provide effective notice invalidates the resulting Section 74 order and warrants its setting aside for breach of natural justice.
AI TextQuick Glance (AI)Headnote
Natural justice in GST adjudication requires consideration of acknowledged manual replies and permitted evidence before determining liability.
Article 226 writ jurisdiction remains available despite an alternative statutory remedy where adjudication breaches procedural fairness and audi alteram partem. Section 74(9) requires consideration of the taxpayer's representation before liability is determined. Rule 142(4) requires a reply in Form GST DRC-06 but does not make electronic filing the exclusive mode: an acknowledged manually filed reply cannot be disregarded solely because it was not uploaded on the portal. Failure to consider that reply, objections, and documents permitted for submission before the allowed time expires violates natural justice, vitiates the adjudication, and requires reconsideration after an effective hearing.
AI TextQuick Glance (AI)Headnote
Assignment of leasehold rights and buildings falls outside GST where it transfers immovable-property benefits to the assignee.
Assignment of leasehold rights in an industrial plot and building for consideration transfers the benefits of immovable property to the assignee, who replaces the original lessee. Under section 7(1)(a), Schedule II clause 5(b), and Schedule III clause 5 of the CGST Act, the assignment is not taxable as a supply of services. Its classification as other miscellaneous services under Serial No. 35 of Notification No. 11/2017-Central Tax (Rate) is inapplicable. The jurisdictional ruling excluding these transactions from GST remains binding unless stayed or recalled; consequently, GST is not leviable.
AI TextQuick Glance (AI)Headnote
Retrospective Price Escalation Preserves Original Tax Liability, Triggering Interest but Not Penalty for Bona Fide Compliance
Retrospective upward price revisions for pre-GST clearances determine the goods' true value at original clearance. The transitional reporting mechanism for post-GST debit notes enables declaration and payment of differential tax but neither creates a new taxable event nor shifts the original time of supply. Interest attaches to delayed payment of differential tax from the original clearance period. Where contractual price escalation creates a bona fide transitional interpretative dispute and tax is voluntarily paid without fraud, wilful misstatement, suppression, or deliberate non-compliance, penal consequences are unwarranted.
AI TextQuick Glance (AI)Headnote
Credit notes in GST refunds reduce adjusted turnover only when validly linked to the relevant refund period.
Credit notes issued for returned, rejected, or reduced-value supplies reduce taxable turnover and may be deducted from adjusted total turnover under the accumulated input tax credit refund formula. Deduction is available where credit notes relate to invoices within the refund period. Credit notes issued during that period but relating to invoices from an earlier financial year cannot reduce adjusted total turnover if issued after the statutory deadline for declaring them. After excluding those belated notes, the recomputed maximum refund still exceeded the refund claimed, leaving the claim admissible.
AI TextQuick Glance (AI)Headnote
Time-barred credit notes cannot reduce adjusted total turnover for inverted-duty GST refunds, restricting refund eligibility.
Credit notes reduce taxable turnover under section 34 only when validly issued and declared within the statutory time limit. For inverted-duty-structure refund calculations under Rule 89(5), credit notes relating to supplies in the relevant refund period may reduce adjusted total turnover. Credit notes connected with earlier financial-year invoices but issued after the applicable declaration deadline cannot be excluded from adjusted total turnover. Refund eligibility must therefore be calculated without reducing turnover for those time-barred credit notes, and any resulting excess refund is recoverable.
AI TextQuick Glance (AI)Headnote
Electricity-cost subsidy after production commencement is taxable revenue assistance when unconnected with investment, assets, borrowings, or expansion.
Electricity subsidy computed as a percentage of energy charges incurred after production begins is a revenue receipt where it directly reduces manufacturing power costs. The purpose test governs characterisation: the scheme's object and operative mechanism prevail over the timing, source or form of payment. Although intended to promote industrial growth, the subsidy was limited to the post-production period and was neither linked to capital investment nor earmarked for asset acquisition, construction, capital-borrowing repayment or business expansion. It therefore provides operational assistance in carrying on business and is chargeable to tax as revenue income.

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2018 (12) TMI 1741 - AT - Income Tax

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Assessment order nullified for non-compliance with DRP directions, emphasizing procedural adherence under Income Tax Act.
The Tribunal allowed the appeal of the assessee due to the nullity of the assessment order resulting from the Assessing Officer's failure to comply with ... Summary

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Acts Income Tax