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    Independent adjudication of GST liability requires assessment of purchaser evidence and a reasoned order after supplier tax default.
    Zero-rated export turnover includes invoices issued before export, allowing proportionate input tax credit refunds once actual export is proved.
    Inter-State job-work movement: compliant e-way bills and delivery challans prevent Section 129 detention absent a taxable supply or contravention.
    Suppression and intent to evade must be established before penalties for delayed reverse-charge tax payments can survive.
    Mandatory reassessment scrutiny notice cannot be replaced by taxpayer participation or information-request letters during proceedings.
    Reassessment Notices Based on Fresh Tangible Material Remain Valid Where No Prior Opinion or Full Disclosure Exists
    Plausible tariff classification protects customs brokers from licensing sanctions absent false declarations, knowledge, or connivance.
    Customs Recovery Limits: Accurate Declarations Defeat Confiscation, While SEZ Clearance Demands Need Statutory Recovery Machinery.
    Resolution-plan approval extinguishes excluded pre-approval central excise dues, preventing continued recovery proceedings against the corporate debto...
    Misdeclared restricted-goods exports justify customs sanctions; confiscated goods may undergo e-auction only with statutory notice safeguards.
    Supari classification supports preferential customs duty, declared value acceptance, and prevents confiscation without cogent contrary evidence.
    Retracted statements without verification cannot support customs penalties, while disputed non-cigarette goods may be released on redemption fine.
    Equipment-hire service tax: taxable machinery rentals attract extended limitation where registration and returns are omitted.
    Clerical omission in final order permits insertion of already-considered material without reopening findings or conducting a substantive review.
    Road transportation without consignment notes remains outside GTA service taxability; receipt data alone cannot establish suppression or extended limi...
    Extended limitation requires intentional tax evasion, not return discrepancies or bona fide exemption claims; time-barred service-tax demand fails.
    Manufacture requires transformation, so branded packing of bought-out conversion components as vehicle-specific kits creates no excise-duty liability.
    Writ jurisdiction in GST demand challenges ordinarily yields to statutory appeal where notice particulars and evidentiary issues require review.
    Input tax credit cannot be denied solely for retrospective supplier-registration cancellation; eligibility requires evidence-based review under the no...
    Transitional credit on pre-GST capital goods remains available despite nil prior availment, subject to dual-regime eligibility.
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AI TextQuick Glance (AI)Headnote
Independent adjudication of GST liability requires assessment of purchaser evidence and a reasoned order after supplier tax default.
Redetermination of GST tax, interest and penalty after rejection of proceedings under Section 74 requires independent, non-mechanical adjudication. Input Tax Credit cannot be denied solely because suppliers failed to deposit tax where invoices, transport and transaction records, banking-channel payments, and the absence of established purchaser fraud or collusion are material. The proper officer must consider the applicable statutory framework and purchaser evidence, hear the parties, and issue a reasoned speaking order. Appellate findings favourable to the purchaser remain undisturbed, and the adjudication is to be completed within four months.
AI TextQuick Glance (AI)Headnote
Zero-rated export turnover includes invoices issued before export, allowing proportionate input tax credit refunds once actual export is proved.
Refund of accumulated input tax credit for zero-rated export supplies may include the value of invoices issued during the relevant period for goods cleared for export under bond or letter of undertaking, even where shipping bills show export in a later period. Invoice issuance before or at removal determines the relevant supply turnover for refund calculation, while export is completed when goods leave India. Eligibility remains conditional on proof that the goods were actually exported.
AI TextQuick Glance (AI)Headnote
Inter-State job-work movement: compliant e-way bills and delivery challans prevent Section 129 detention absent a taxable supply or contravention.
Pure questions of law arising from facts already on record may be raised in appellate proceedings where necessary to determine tax liability. Applying the earlier version of Section 129(1)(a) affects the demand mechanism but does not, by itself, remove the proper officer's power to detain goods for a breach of the Act or Rules. Inter-State movement of inputs or capital goods for job work is governed by the Section 143 framework. Where the e-way bill and delivery challan meet prescribed requirements, absence of IGST alone cannot justify detention under Section 129 without a taxable supply or other statutory contravention.
AI TextQuick Glance (AI)Headnote
Suppression and intent to evade must be established before penalties for delayed reverse-charge tax payments can survive.
Penalty for delayed reverse-charge tax payment and non-reversal of input tax credit requires proof of fraud, wilful misstatement, or suppression of facts with intent to evade tax. Mere non-disclosure in returns or payment following audit verification does not, by itself, establish those aggravated elements. Where tax and interest are paid before the show-cause notice, records are available and undisputed, explanations are bona fide, and relevant exemption treatment has not been verified, Section 74(1) cannot be invoked mechanically. These circumstances establish reasonable cause; the penalty was therefore set aside.
AI TextQuick Glance (AI)Headnote
Mandatory reassessment scrutiny notice cannot be replaced by taxpayer participation or information-request letters during proceedings.
Complete non-issuance of the mandatory notice under Section 143(2) cannot be cured by Section 292BB, which addresses only defective, delayed, or improper service of a notice actually issued. An assessee's participation in reassessment proceedings does not confer jurisdiction to complete a reassessment without that notice. Treating an earlier return as the return furnished in response to a notice under Section 148 does not remove the requirement to issue notice under Section 143(2). A letter under Section 142(1) cannot substitute for the mandatory scrutiny notice. Reassessments completed without notice under Section 143(2) are therefore invalid.
AI TextQuick Glance (AI)Headnote
Reassessment Notices Based on Fresh Tangible Material Remain Valid Where No Prior Opinion or Full Disclosure Exists
Reassessment under Section 147 requires recorded reasons based on fresh tangible material with a rational nexus to a belief that income escaped assessment; conclusive proof is unnecessary at the notice stage. Where reopening occurs after four years from a completed assessment, the proviso additionally requires a prima facie basis for failure to make full and true disclosure of material facts. A mere change of opinion cannot justify reassessment and requires that an opinion was consciously formed during the original assessment. Investigation findings on share overvaluation, property acquisition, capital-gains adjustments and deductions may constitute fresh material where no prior opinion is evident, including under Section 143(1).
AI TextQuick Glance (AI)Headnote
Plausible tariff classification protects customs brokers from licensing sanctions absent false declarations, knowledge, or connivance.
Customs brokers may adopt a bona fide, plausible tariff classification during self-assessment when it is supported by documents available at clearance. Their duty to advise clients requires diligent declarations, while due diligence requires reasonable care in information provided; neither requires predicting a later departmental view on a debatable classification. Where competing tariff entries are plausible and there is no false factual declaration, knowledge of misdeclaration, inaccurate information, or connivance, the broker does not breach these obligations. Licence revocation, security forfeiture, and penalty cannot rest solely on subsequent departmental disagreement with the classification.
AI TextQuick Glance (AI)Headnote
Customs Recovery Limits: Accurate Declarations Defeat Confiscation, While SEZ Clearance Demands Need Statutory Recovery Machinery.
Tariff-classification differences, where Bills of Entry accurately disclose the goods and material particulars, do not by themselves constitute misdeclaration supporting confiscation or redemption fine. For the relevant period, IGST imports lacked a statutory basis for interest or penalties; the later extension of those consequences applied prospectively. Goods removed from a Special Economic Zone to the Domestic Tariff Area were chargeable, but no recovery machinery supported the identified short-levy and consequential punitive demands. Extended limitation and related penalties require collusion, wilful misstatement or suppression with intent to evade duty; absent those elements, liability is confined to the normal period, with interest only on basic customs duty and social welfare surcharge. Quantification and consequential adjustments require remand.
AI TextQuick Glance (AI)Headnote
Resolution-plan approval extinguishes excluded pre-approval central excise dues, preventing continued recovery proceedings against the corporate debtor.
Approval of a resolution plan under the Insolvency and Bankruptcy Code binds the corporate debtor, creditors, and governmental authorities regarding statutory dues. Central excise demands arising before plan approval that are not included in the approved plan are extinguished. Recovery proceedings for those excluded pre-approval dues cannot continue, so the demand ceases to be enforceable against the corporate debtor.
AI TextQuick Glance (AI)Headnote
Misdeclared restricted-goods exports justify customs sanctions; confiscated goods may undergo e-auction only with statutory notice safeguards.
Misdeclaration of restricted goods as refractory bed material in an attempted export supports confiscation, redemption fine and penalties where no mala fides, statutory violation or extreme arbitrariness affects the discretionary sanctions. The re-export principle applicable to imported goods does not govern such attempted exports. Seized goods may be disposed of through e-auction where provisional release is not obtained within the prescribed period, but Customs must issue proper prior notice, allow at least 30 days for objections, and comply with applicable statutory requirements and instructions.
AI TextQuick Glance (AI)Headnote
Supari classification supports preferential customs duty, declared value acceptance, and prevents confiscation without cogent contrary evidence.
Unflavoured supari classification under CTI 2106 90 30 is governed by Rule 1 of the General Rules for Interpretation, tariff descriptions and Supplementary Note 2 to Chapter 21, which covers supari without requiring added ingredients. Revenue must produce cogent evidence to displace that specific entry; inconclusive laboratory testing of physical features does not establish classification as split areca nuts, while food-safety material supports product identity without conclusively determining classification. An unchallenged Certificate of Origin supports preferential basic customs duty. With classification as supari and no lawful basis to reject declared value, valuation proceeds under Section 14(1), leaving no basis for confiscation or consequential customs liabilities.
AI TextQuick Glance (AI)Headnote
Retracted statements without verification cannot support customs penalties, while disputed non-cigarette goods may be released on redemption fine.
Penalty under Section 112(b) of the Customs Act requires reliable material establishing that a person dealt with goods liable to confiscation with knowledge or reason to believe that liability. A promptly retracted statement, unsupported by verification of alleged owners, the landlord, or other corroborative evidence, does not satisfy that requirement. An invoice supporting the claim that certain cartons were Indian-made further weakens attribution of foreign-origin cigarettes. Where confiscation, release, and valuation of seized electric rice cookers and ceramic stoves remain inadequately established, release on a reduced redemption fine may be appropriate.
AI TextQuick Glance (AI)Headnote
Equipment-hire service tax: taxable machinery rentals attract extended limitation where registration and returns are omitted.
Hiring hot-mix plants, paver machines and accessories under agreements for consideration constitutes supply of tangible goods rather than construction, repair or road-maintenance services; the relevant construction and public-works exemptions therefore do not apply. Where service tax is not separately collected, taxable value is computed on a cum-tax basis. Threshold exemption is unavailable if preceding-year taxable turnover exceeds the prescribed limit. Failure to obtain registration or file returns despite taxable turnover above that limit, without a plausible explanation or bona fide belief, constitutes suppression with intent to evade tax. That conduct permits extended limitation and attracts the statutory equal penalty, while time-barred periods remain excluded.
AI TextQuick Glance (AI)Headnote
Clerical omission in final order permits insertion of already-considered material without reopening findings or conducting a substantive review.
Exhibit A, already part of the written submissions and record considered at the original hearing, may be incorporated into the final order where its omission is purely clerical and typographical. Such insertion records material already tendered, without changing the reasoning, findings, or operative directions; it therefore does not amount to a substantive review. Exhibit A is to be inserted, while all remaining findings and directions continue unchanged.
AI TextQuick Glance (AI)Headnote
Road transportation without consignment notes remains outside GTA service taxability; receipt data alone cannot establish suppression or extended limitation.
Transportation of goods by road without consignment notes falls outside taxable Goods Transport Agency services under the negative-list regime, because issuance of a consignment note is required for GTA status. Treating gross receipts alone as taxable consideration, without identifying another taxable service, cannot sustain Service Tax. Income Tax receipt data may prompt inquiry but does not by itself establish taxable activity, suppression, or intent to evade. Extended limitation therefore cannot apply absent independent evidence of deliberate concealment, and the tax demand, consequential interest, and penalties lack a sustainable basis.
AI TextQuick Glance (AI)Headnote
Extended limitation requires intentional tax evasion, not return discrepancies or bona fide exemption claims; time-barred service-tax demand fails.
Extended limitation for service-tax recovery requires demonstrable deliberate suppression or wilful misstatement intended to evade tax. Mere non-payment, short-payment, discrepancies between returns and financial records, or a disputed exemption claim do not meet that threshold. Registered taxpayers who filed ST-3 returns, supplied agreements and financial records during investigation, and acted on a bona fide belief that services were exempt could not be treated as having deliberately concealed liability. A substantial reduction in the original demand further weakened any allegation of suppression. Recovery for part of the disputed period also exceeded the maximum five-year limitation period. The service-tax demand was therefore time-barred, with consequential interest and penalties unsustainable.
AI TextQuick Glance (AI)Headnote
Manufacture requires transformation, so branded packing of bought-out conversion components as vehicle-specific kits creates no excise-duty liability.
Mere selection, grouping, branding and packing of bought-out LPG/CNG conversion components as a vehicle-specific kit does not constitute manufacture where the components retain their individual identity and undergo no processing or transformation. Manufacture requires both transformation into a distinct article with a new name, character or use and marketability; commercial identity or marketability of the kit alone is insufficient. Consequently, no excise duty arises from such non-transformative packing activity. Where the company incurs no excise-duty liability, a related employee penalty under Rule 26 of the Central Excise Rules, 2002 is unsustainable and must be set aside.
AI TextQuick Glance (AI)Headnote
Writ jurisdiction in GST demand challenges ordinarily yields to statutory appeal where notice particulars and evidentiary issues require review.
Writ jurisdiction under Article 226 remains available despite an alternative statutory appeal, but ordinarily warrants restraint where the appellate forum can assess objections to GST demands. Detailed allegations concerning an invoicing network, transactions and modus operandi did not justify writ intervention merely because the notice was alleged to lack material particulars for invoking Section 74. References to fraud, wilful misstatement or suppression cannot substitute for factual disclosure, although adequacy depends on each notice's contents. Penalty challenges requiring examination of notices, replies, investigation material, adjudication findings and applicable provisions are appropriately addressed through the statutory appellate process.
AI TextQuick Glance (AI)Headnote
Input tax credit cannot be denied solely for retrospective supplier-registration cancellation; eligibility requires evidence-based review under the non-fraud regime.
Retrospective cancellation of a supplier's GST registration does not, by itself, establish fictitious supplies, non-receipt of goods, or recipient wrongdoing sufficient to deny input tax credit. Eligibility must be tested independently against statutory conditions, with invoices, transport and stock records, and payment evidence examined; the claimant initially bears the evidentiary burden. Cross-examination is not automatically required where documentary evidence can resolve supply genuineness. A fraud-based tax notice requires foundational material showing fraud, wilful misstatement, or intentional suppression; supplier non-existence alone is insufficient. If those elements fail but the notice is timely, it is treated under the statutory non-fraud procedure, requiring fresh determination after hearing.
AI TextQuick Glance (AI)Headnote
Transitional credit on pre-GST capital goods remains available despite nil prior availment, subject to dual-regime eligibility.
Section 140(2) permits transition of the entire unavailed CENVAT credit on pre-GST capital goods where the credit is admissible under both the earlier regime and GST, even if no part of that credit was previously availed. The provision does not impose a fifty per cent restriction merely because capital-goods credit was ordinarily availed in instalments. Clerical recording of only one invoice number in TRAN-1, where the entry relates to multiple underlying invoices, requires verification of those invoices rather than automatic denial; credit remains allowable if otherwise in order.

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Insolvency and Bankruptcy

2019 (3) TMI 981 - AT - Insolvency and Bankruptcy

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Supreme Court Holds Companies in Contempt for Payment Delay, Imposes Fine
The Supreme Court held three companies in contempt for failing to make a payment of Rs. 550 Crores to an operational creditor, imposing a fine of Rs. 1 ... Summary

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Acts Income Tax