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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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Unfiled GST claims in CIRP are extinguished after resolution-plan approval, barring later tax adjudication despite available appellate remedies.
Statutory GST claims for pre-effective-date periods that are not lodged during the corporate insolvency resolution process are extinguished upon approval of the resolution plan, including unassessed, unknown, interest and penalty claims. Section 31(1) of the Insolvency and Bankruptcy Code binds governmental authorities to the approved plan, and its overriding effect prevents later GST adjudication or recovery of extinguished liabilities. General GST adjudicatory provisions and liquidation-related provisions cannot revive such claims. Availability of a statutory appeal does not bar writ jurisdiction where proceedings are initiated without jurisdiction or contrary to binding insolvency law.
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2017 (9) TMI 230 - AT - Service Tax

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Taxable Category: Outdoor Catering Service Ruling
The Tribunal found that the respondent's catering services fell under the taxable category of "Outdoor Catering Service," upholding the service tax ... Summary

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Acts Income Tax