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    Section 74 limitation follows substantive notices and orders, while factual GST demand disputes belong in statutory appeal.
    Clandestine manufacture allegations fail without certified electronic records, corroboration, capacity proof, and procedurally tested statements.
    GST conveyance verification by an authorised officer must be challenged through statutory appeal absent exceptional grounds for writ intervention.
    Portal respondent errors remain curable procedural defects, allowing substitution and corrected appeal records where the proper authority is identifie...
    Monetary-limit compliance requires Revenue to establish a recognised exception before a departmental GST appeal can be admitted.
    Transit penalties require substantive contravention, not an explained former consignee address error in an otherwise verified goods movement.
    Initial intra-State transport exception permits an unfilled e-way bill Part B and prevents penalties without a rule breach.
    Condonation of delay requires sufficient cause; unexplained inordinate delay barred special leave petitions at the threshold.
    Goodwill depreciation after amalgamation remains available, while an unraised statutory restriction cannot be introduced at appellate stage.
    Resolution-plan finality bars writ challenges where pre-approval State tax claims are extinguished and statutory appellate remedies remain available.
    Natural justice in employee dismissals: terminations without inquiry remained illegal despite insolvency resolution, preserving pre-CIRP compensation ...
    Statutory Preconditions for Tax Scrutiny Bar Proceedings Without Notice, Timely Action, and Gazette-Notified Delegated Authority
    Input tax credit reversal requires supplier-default inquiry, purchaser evidence, and procedural safeguards before recovery action.
    Limitation compliance governs special leave petitions where an unexplained delay prevents review of an appeal dismissed for low tax effect.
    Judicial discipline in identical reassessment challenges leaves spurious-transaction and escaped-income issues for factual examination, limiting writ ...
    Mistaken service-tax payments on exempt GTA services constitute refundable deposits, with compensatory interest for unlawful retention.
    Refund withholding during anti-evasion investigations remains valid where evidence supports suspected fraudulent input tax credit claims.
    Writ review of input tax credit adjudication yields to statutory appeal where jurisdiction and hearing objections require record scrutiny.
    Unfiled pre-resolution-plan GST claims are extinguished by an approved resolution plan, barring later assessment, recovery, interest, and penalties.
    Cash deposit explanation through documented opening cash balances and prior bank withdrawals defeats unsupported human-probability inferences.
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AI TextQuick Glance (AI)Headnote
Section 74 limitation follows substantive notices and orders, while factual GST demand disputes belong in statutory appeal.
Limitation for GST proceedings under Section 74 is determined by the dates of the substantive show cause notice and adjudication order. Form GST DRC-01 is an electronic summary accompanying the notice, and Form GST DRC-07 is an electronic summary of the order; later dates on those forms do not replace the dates of the substantive instruments or make them time-barred. Challenges concerning fraud, suppression, input tax credit, computation, penalty and evidentiary sufficiency require factual examination and should ordinarily be pursued through the statutory appellate remedy rather than writ jurisdiction, absent denial of hearing or a patent jurisdictional defect.
AI TextQuick Glance (AI)Headnote
Clandestine manufacture allegations fail without certified electronic records, corroboration, capacity proof, and procedurally tested statements.
Clandestine-manufacture and under-invoicing allegations require legally admissible evidence and independent corroboration. Electronic records must satisfy the certification and production safeguards under Section 36B, while private or third-party records require a verified link to the assessee. Electricity consumption or alleged theft cannot establish unaccounted production without plant-specific scientific norms and evidence connecting consumption to quantified manufacture and clearance. Alleged production must also be physically achievable within installed plant capacity. Statements cannot prove their contents unless the mandatory procedure under Section 9D is followed. Without these evidentiary foundations, excise liability, interest, and penalty lack a sustainable basis.
AI TextQuick Glance (AI)Headnote
GST conveyance verification by an authorised officer must be challenged through statutory appeal absent exceptional grounds for writ intervention.
Rule 138B permits physical verification of a conveyance by a proper officer authorised by the Commissioner or an empowered officer. Verification undertaken by an authorised officer, followed by fresh notice, supply of relevant material, personal hearing and consideration of the reply, does not establish a jurisdictional defect or breach of natural justice. Although an alternative statutory appeal does not wholly exclude writ jurisdiction, intervention requires exceptional grounds, including fundamental-rights infringement, natural-justice breach, jurisdictional excess or a challenge to legislative validity. Factual and procedural objections to confiscation adjudication should therefore be pursued through the statutory appellate mechanism.
AI TextQuick Glance (AI)Headnote
Portal respondent errors remain curable procedural defects, allowing substitution and corrected appeal records where the proper authority is identified.
Incorrect selection of a respondent on the GSTAT portal may be rectified where the original appeal memorandum and impugned order correctly identify the proper State tax authority. Rule 26 of the GSTAT (Procedure) Rules, 2025 permits rectification of clerical and similar errors, while Rule 32(1) allows amendment of a defective appeal form upon sufficient cause. An erroneous portal entry is a curable, non-fatal procedural defect and does not prevent substitution of the correctly described respondent. Where the portal lacks a post-registration correction facility, corrected appeal documents must be re-uploaded and the Registry must correct the portal record and ensure service on the proper respondent.
AI TextQuick Glance (AI)Headnote
Monetary-limit compliance requires Revenue to establish a recognised exception before a departmental GST appeal can be admitted.
Departmental GST appeals below the prescribed monetary threshold require compliance with litigation-control instructions issued under Section 120 of the Uttar Pradesh GST Act. Authorisation to file an appeal under Section 112(3) does not independently satisfy the monetary-limit policy. Where disputed tax falls below the threshold for GSTAT appeals, the Revenue must identify and substantiate a specified exception. Under the residual exception, it must produce a case-specific recorded opinion of the Commissioner. Without evidence of a recognised exception or such recorded opinion, the appeal is not maintainable for admission and cannot proceed on merits.
AI TextQuick Glance (AI)Headnote
Transit penalties require substantive contravention, not an explained former consignee address error in an otherwise verified goods movement.
Section 129 transit penalties require an established substantive contravention; mandatory invoice and e-way-bill requirements do not make every documentary discrepancy penal. Use of a consignee's former address may be a technical, bona fide error where invoices, e-way bills and transport records substantiate movement, physical verification confirms the goods, and no evidence shows a fictitious purchaser, diversion, duplicate documentation, value suppression, or intent to evade tax. Section 126(6) cannot reduce a valid percentage-based transit penalty, because liability under Section 129 must first arise. On these facts, the address mismatch did not attract the transit penalty.
AI TextQuick Glance (AI)Headnote
Initial intra-State transport exception permits an unfilled e-way bill Part B and prevents penalties without a rule breach.
The third proviso to Rule 138(3) of the CGST Rules permits Part B of an e-way bill to remain unfilled where goods move within the same State, up to 50 km, from the consignor's premises to the transporter's premises for further transportation. Explanation 2 preserves that exception, and the consignee's ultimate location does not change the character of the initial journey. Section 129 requires an actual contravention of the Act or Rules; a permitted omission cannot support penalty. Mens rea is not invariably necessary for this civil penalty, but absence of intent is immaterial where no underlying breach exists. Section 126 does not generally authorise reduction or waiver of the prescribed penalty.
Quick Glance (AI)Headnote
Condonation of delay requires sufficient cause; unexplained inordinate delay barred special leave petitions at the threshold.
Condonation of delay in filing special leave petitions requires a justification establishing sufficient cause. Delays of 449 days and 427 days were treated as inordinate, and the explanations offered did not meet that standard. The special leave petitions were consequently dismissed solely on the ground of delay, with pending applications disposed of.
AI TextQuick Glance (AI)Headnote
Goodwill depreciation after amalgamation remains available, while an unraised statutory restriction cannot be introduced at appellate stage.
Goodwill arising on amalgamation falls within the category of depreciable intangible assets under Section 32(1), including Explanation 3(b), allowing depreciation on such goodwill. The fifth proviso restriction to Section 32(1) cannot be introduced for the first time at the High Court stage where it was neither raised nor adjudicated before the appellate authorities. An unraised restriction does not independently give rise to a substantial question of law from the Tribunal's order, leaving the entitlement to depreciation on goodwill undisturbed.
AI TextQuick Glance (AI)Headnote
Resolution-plan finality bars writ challenges where pre-approval State tax claims are extinguished and statutory appellate remedies remain available.
Claims relating to periods before approval of a resolution plan are extinguished under the corporate insolvency resolution framework. NCLT observations applying that position fall within its jurisdiction. An asserted conflict with State tax legislation does not by itself create jurisdictional error, because allowing State tax claims to bypass the resolution process would undermine the binding effect of an approved resolution plan. Writ jurisdiction should not be invoked to challenge such observations where the Insolvency and Bankruptcy Code provides a statutory appellate remedy before the NCLAT.
AI TextQuick Glance (AI)Headnote
Natural justice in employee dismissals: terminations without inquiry remained illegal despite insolvency resolution, preserving pre-CIRP compensation claims.
Dismissals effected through composite charge-sheet-cum-dismissal orders, without a disciplinary inquiry after employees reported at transferred locations, breached principles of natural justice; the labour awards declaring the terminations illegal remained operative. Compensation awarded before commencement of the corporate insolvency resolution process constituted a crystallised entitlement, distinguishable from an unadjudicated employment claim pending approval of a resolution plan. Court deposits securing that compensation did not become recoverable by new management merely because they remained deposited. Employees could withdraw the deposits with accrued interest in full settlement of service-related claims, with no further service-related benefits payable.
AI TextQuick Glance (AI)Headnote
Statutory Preconditions for Tax Scrutiny Bar Proceedings Without Notice, Timely Action, and Gazette-Notified Delegated Authority
Section 39(1) scrutiny of a continuously registered dealer's returns requires prior issuance of the prescribed Section 35 notice; returns filed under Section 35(2) alone do not satisfy that condition. The five-year assessment limitation in Section 57 applies to Section 39 scrutiny and cannot be bypassed through that mechanism. Delegation of the Commissioner's Section 39 power to a Superintendent of Taxes requires an Official Gazette notification under Section 26 and Rule 3; internal orders or circulars are insufficient. Jurisdictional defects caused by absent notice or valid delegation permit recourse to writ jurisdiction despite the alternative remedy under Section 65.
AI TextQuick Glance (AI)Headnote
Input tax credit reversal requires supplier-default inquiry, purchaser evidence, and procedural safeguards before recovery action.
Actual payment of tax remains a statutory condition for input tax credit under the integrated GST framework; that condition is not confined to fraudulent, collusive, or non-genuine transactions. However, supplier default, retrospective registration cancellation, short tax declaration, or alerts cannot by themselves trigger mechanical denial or reversal. Authorities must apply the regime governing the relevant period, pursue available recovery against the supplier, issue a detailed notice, allow evidence of receipt and movement of supplies, provide a hearing, and give reasoned findings. Fraud-based action requires facts linking the purchaser to the alleged conduct. Pending and completed matters require fresh determination with consequential adjustment or refund where warranted, without fresh coercive recovery beforehand.
Quick Glance (AI)Headnote
Limitation compliance governs special leave petitions where an unexplained delay prevents review of an appeal dismissed for low tax effect.
Maintainability of a special leave petition turned on an unexplained 468-day filing delay after the High Court dismissed the underlying appeal because of low tax effect. The delayed filing lacked a satisfactory explanation. The petition was therefore not entertained and was dismissed on the ground of delay, without reconsidering the low-tax-effect basis on which the underlying appeal had been dismissed.
AI TextQuick Glance (AI)Headnote
Judicial discipline in identical reassessment challenges leaves spurious-transaction and escaped-income issues for factual examination, limiting writ interference.
Materially identical reassessment challenges require adherence to the coordinate bench approach, while disputed allegations of a spurious transaction and escaped income remain matters for factual examination by the Assessing Officer. For assessment year 2020-21, the reassessment order and consequential notice were not considered fit for writ interference because the underlying information and allegations had already been addressed for the preceding year. Judicial discipline supported following the prior approach in the assessee's own matter.
AI TextQuick Glance (AI)Headnote
Mistaken service-tax payments on exempt GTA services constitute refundable deposits, with compensatory interest for unlawful retention.
Service tax paid under reverse charge on exempt goods transport agency services, despite no tax liability, is treated as a revenue deposit made under a mistake of law rather than duty. The amount falls outside the statutory duty-refund mechanism and must be refunded; retaining it lacks constitutional authority. As the payment is a deposit, the statutory interest regime for duty refunds does not apply. Compensatory interest at 12% per annum is payable from each deposit date until refund.
AI TextQuick Glance (AI)Headnote
Refund withholding during anti-evasion investigations remains valid where evidence supports suspected fraudulent input tax credit claims.
Section 54(11) of the CGST Act permits withholding of a refund where the refund-generating order is subject to appeal, further proceedings, or another pending proceeding and, after hearing the taxable person, the Commissioner considers release harmful to revenue because of fraud or malfeasance. "Other pending proceedings" can include an ongoing statutory anti-evasion investigation, not only a formal appeal. Material indicating non-existent or cancelled suppliers, no established movement of goods, and no connection with the manufacturer's supply chain can support the required opinion concerning fraudulent input tax credit. A later show-cause notice may crystallise an existing investigation; no separate appellate proceeding or judicial stay is required for valid withholding.
AI TextQuick Glance (AI)Headnote
Writ review of input tax credit adjudication yields to statutory appeal where jurisdiction and hearing objections require record scrutiny.
Article 226 jurisdiction ordinarily does not displace a statutory appeal where objections to an input-tax-credit adjudication require examination of the underlying record and disputed facts. The bar under Section 6(2)(b) depends on identity of the precise subject matter, including tax periods, transactions, invoices, liabilities and allegations; a common supplier or general ITC connection is insufficient. An independent finding of ITC availment on goods-less invoices does not facially constitute a new basis beyond the show-cause notice. Objections concerning hearing opportunities, evidence, limitation, period clubbing, replies and Section 74 require appellate scrutiny unless an ex facie jurisdictional error or undisputed breach of natural justice is established.
AI TextQuick Glance (AI)Headnote
Unfiled pre-resolution-plan GST claims are extinguished by an approved resolution plan, barring later assessment, recovery, interest, and penalties.
Unfiled GST dues, interest and penalties relating to the pre-resolution-plan period are extinguished where they were not lodged during the corporate insolvency resolution process and were not preserved under an approved resolution plan. The binding and overriding effect of the Insolvency and Bankruptcy Code prevents subsequent assessment, adjudication or recovery of such claims, including proceedings initiated through a show-cause notice. GST provisions concerning adjudication or liquidation cannot revive an extinguished liability. Writ jurisdiction remains available despite a statutory appeal where proceedings are initiated without jurisdiction for claims extinguished under insolvency law.
AI TextQuick Glance (AI)Headnote
Cash deposit explanation through documented opening cash balances and prior bank withdrawals defeats unsupported human-probability inferences.
Documented opening cash balances, supported by prior withdrawals from multiple bank accounts and a cash-flow statement, explained subsequent cash deposits. Where the cash-flow statement and bank records establish the source and no defect is identified, an addition cannot rest solely on assumptions about normal human behaviour or preponderance of probabilities. The cash deposits were treated as explained, and the addition was deleted.

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2017 (11) TMI 1929 - AT - Income Tax

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Tribunal Rules AO's Disallowance Unsustainable Due to Lack of Satisfaction Recording u/s 14A, Partly Allows Appeals.
The Tribunal found that the Assessing Officer (AO) failed to record satisfaction regarding the correctness of the assessee's disallowance under Section ... Summary

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Acts Income Tax