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Case Laws
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AI Text Quick Glance by AI Headnote
AI TextQuick Glance (AI)Headnote
Corroborative evidence for unexplained-money additions: unverified search material and retracted statements cannot sustain adverse tax inferences.
Section 69A addition for alleged unexplained money cannot rest on uncorroborated search or survey material, a promptly retracted statement, or suspicion, conjecture and surmise. Although technical evidence rules do not strictly apply in income-tax proceedings, relevant independent material is required before drawing an adverse inference, consistent with natural justice. Because the brokers' material related to an earlier period and no broker statements or other evidence established investment or interest income, the deletion was sustained and no substantial question of law arose.
AI TextQuick Glance (AI)Headnote
Substantial question of law limits appellate review of cash-credit additions on unlisted-share sale proceeds where factual findings are evidence-based.
Section 260A confines High Court review to substantial questions of law and bars reassessment of evidence or replacement of a plausible factual view. A Tribunal's factual finding may be disturbed only if perverse, unsupported by evidence, materially incomplete, or based on inadmissible material. For the Section 68 addition, investment disclosures, transaction records, bank evidence, purchaser confirmations, financial statements, tax returns and notice responses supported the sale proceeds. Human probabilities and surrounding circumstances could not convert suspicion or general allegations into proof. No substantial question of law arose, so deletion of the addition remained affirmed.
AI TextQuick Glance (AI)Headnote
Duplicate customs duty payments remain refundable despite missing system-generated challans, with statutory interest payable for delayed refund processing.
Duplicate or multiple customs duty payments accepted in the system are treated as deposits refundable under Section 27 of the Customs Act, 1962 through the prescribed procedure. Public Notice No. 62/2012 requires the importer to provide banking and transaction records, while departmental officers must verify payment through PAO/e-PAO and ICEGATE challan inquiry. Where a system failure prevents generation of the first challan, refund cannot be made conditional on producing that unavailable record if both payments against the same bill of entry are otherwise verified and the first payment was not reversed. Eligible delayed refunds attract statutory interest under Section 27A.
AI TextQuick Glance (AI)Headnote
Restored resolution plan bars parallel insolvency proceedings over project land where no distinct default survives against the landholder.
Parallel corporate insolvency resolution proceedings against a landholding special-purpose company are impermissible where a binding restored resolution plan, following corporate-veil lifting, treats the holding company and landholder as one economic entity and covers the project land and allottee claims. In that position, the leasehold land must be administered under the restored plan, and allottee claims do not constitute an independently due and payable debt capable of establishing a distinct default against the landholder. The threshold requirement for filing an insolvency application does not foreclose examination of subsisting debt and default at admission. A monitoring committee implementing the plan is a person aggrieved where a separate process affects the project, and binding precedent must be applied. Enforcement remedies lie within the existing insolvency process rather than a parallel process.
AI TextQuick Glance (AI)Headnote
Corporate liability for alleged money laundering requires evidence linking the company, not merely directors' personal land transactions.
Corporate liability under the Prevention of Money-laundering Act requires material linking the company itself to the alleged activity; directors' personal land transactions are not attributable solely because of their office. The High Court found that further consideration was required on whether the necessary evidentiary connection existed, issued notice, and stayed the impugned order and consequential proceedings against the petitioner pending the next hearing. No final adjudication occurred.
AI TextQuick Glance (AI)Headnote
Amended service-tax exemptions require provider vigilance, supporting extended recovery periods and statutory penalties for non-payment.
Failure to track an amendment withdrawing or limiting an exemption notification does not excuse non-payment of service tax. A registered service provider claiming an exemption must monitor changes affecting eligibility. The extended period under the proviso to section 73(1) applies where taxable services remain unpaid after available exemption and abatement are allowed. For the post-amendment period, reasonable-cause protection under section 80 is unavailable, and section 78 requires an equal penalty. Surviving service-tax liability, interest and penalty remain enforceable.
AI TextQuick Glance (AI)Headnote
Additional evidence under Section 311 CrPC may be admitted after closure when necessary to explain disputed payment records.
Section 311 of the Code of Criminal Procedure permits additional evidence at any stage where it is material and necessary for a just decision. The stage of proceedings, including closure of the complainant's evidence, does not itself prevent admission of relevant documents. An invoice and related payment records directly connected with a payment raised in the defence may be produced to clarify whether that payment concerned the liability in issue. Such production is distinguishable from filling a lacuna in the original case. The documents may be placed on record where the opposing party receives a full opportunity to challenge their admissibility, authenticity and evidentiary value.
AI TextQuick Glance (AI)Headnote
Condonation of delay denied for prolonged filing and refiling delays, leaving the special leave petition dismissed.
Condonation of delay was refused because the special leave petition was filed after a prolonged delay and was also refilled late. Finding no grounds to excuse either delay, the Supreme Court dismissed the petition and disposed of pending applications. The refusal of condonation brought the special leave proceedings to an end without consideration of the underlying dispute.
AI TextQuick Glance (AI)Headnote
Unilateral revocation of development rights did not justify insolvency-process exclusion; land remains subject to interim status quo.
Unilateral revocation of a joint development agreement and power of attorney did not, at the interim stage, establish grounds to exclude the subject land from the corporate insolvency resolution process. The development rights prima facie appeared irrevocable and non-determinable, while the contractual construction period had not expired. The asserted termination and conditional no-objection communication remained disputed, and existing mortgage and potential third-party rights could not be conclusively excluded. The landowner was permitted to intervene; exclusion of the land was declined at this stage, and the parties were directed to maintain status quo pending disposal of the appeals.
2026 (10) TMI 454 - SC Order Money Laundering
AI TextQuick Glance (AI)Headnote
Premature PMLA challenge disposed of, with liberty to seek adjournment pending resolution of connected proceedings on the issue.
Prematurity of the challenge resulted in disposal of the special leave petition without it being entertained. The petitioners may request the Adjudicating Authority to adjourn its proceedings until judgment is delivered in the connected civil appeal concerning the underlying issue. Pending applications were also disposed of.
Quick Glance (AI)Headnote
Alternative statutory remedy in GST adjudication remained central to a writ-jurisdiction challenge alleging breach of natural justice.
GST adjudication challenges through writ jurisdiction involve the availability of an alternative statutory appellate remedy, exceptional circumstances permitting judicial intervention, and alleged breach of principles of natural justice. The Supreme Court dismissed the special leave petition challenging the High Court judgment, finding no grounds to interfere and leaving that judgment undisturbed.
AI TextQuick Glance (AI)Headnote
Writ jurisdiction despite CGST appellate remedy remained undisturbed after Supreme Court declined interference with High Court rulings.
Writ petitions challenging Orders-in-Original under the CGST Act raise the issue whether the statutory appellate remedy bars recourse to writ jurisdiction. The Supreme Court dismissed the Special Leave Petitions and declined to interfere with the High Court judgments and orders. The reported position leaves those rulings on the availability of writ jurisdiction, despite an alternative statutory remedy, undisturbed.
AI TextQuick Glance (AI)Headnote
Input tax credit fraud allegations: regular bail assessment considers charge-sheet filing, custody period, antecedents, and compoundable non-bailable GST offences.
Regular bail pending trial for alleged fraudulent availment and utilisation of input tax credit involves consideration of charge-sheet filing, the period of custody, and the applicant's criminal antecedents. Offences involving fraudulent input tax credit under Sections 132(1)(b) and 132(1)(c) of the CGST Act are non-bailable but compoundable. Bail consideration proceeded without expressing any view on the merits of the prosecution allegations.
AI TextQuick Glance (AI)Headnote
Resolution-plan implementation delays caused by withheld possession may justify time exclusion without changing approved plan terms.
Time exclusion for a successful resolution applicant's financial performance is consistent with implementing, rather than modifying, an approved resolution plan where possession was not delivered despite full upfront payment. Delay attributable to continued unauthorised occupation may therefore be excluded and the balance-payment period extended, provided the plan's substantive terms remain unchanged. Recall standing is unavailable to a shareholder and personal guarantor who was neither creditor nor party or permitted intervenor in the implementation proceedings, absent legal injury from the extension. The suspended management's procedural interests remain subordinate to the insolvency process after creditor commercial wisdom has been exercised.
AI TextQuick Glance (AI)Headnote
Lease termination compensation excluded from taxable rent when unreceived and unrelated to continued occupation, while corroborated lease rent remains taxable.
Service-tax treatment of lease termination payments depends on their character and receipt. A compensatory sum stipulated for premature vacation, not received under a compromise and not representing rent for continued occupation, is excluded from taxable renting consideration. Lease-rent liability for a period after vacation requires exclusion of unsupported rent, availability of the small-service-provider exemption, and adjustment for tax previously paid. Where competing lease agreements state different rents, a rent figure corroborated by the tenant's confirmation supports tax computation, while a later lower-rent agreement may be less credible. The discussion distinguishes unreceived breach compensation from taxable actual lease rent.
AI TextQuick Glance (AI)Headnote
Physical Form at Sale Governs Fiscal Classification, Leaving Powder and Biscuit Drink Preparations Under Residuary Treatment
Fiscal classification depends on the form in which goods are sold at the taxable event, rather than on a consumer's later use. Strict construction precludes importing an end-use criterion where a statutory entry classifies goods by physical form. Where a beverage entry groups beverages with syrups, cordials, distilled juices, ark and essences, ejusdem generis confines the entry to comparable liquid preparations. The word "including" does not extend that entry to materially different forms without an express deeming provision. GRD Powder and GRD Mix, sold respectively as powder and biscuit, therefore fall under the residuary classification despite possible later preparation as drinks.
AI TextQuick Glance (AI)Headnote
Independently acknowledged cheque liability survives separate acquittal where statutory presumptions remain unrebutted and valid demand notice requirements are met.
Cheque-dishonour liability may be supported by a written and notarised acknowledgement of an independently enforceable monetary debt; acquittal in a separate criminal prosecution does not, by itself, negate that liability. Proof of drawing, presentation and dishonour gives rise to statutory presumptions of consideration and liability, rebuttable on a preponderance of probabilities through a probable defence rather than an unsupported claim. Registered-post dispatch to the drawer's admitted address supports presumed service of the demand notice, while receipt of summons provides an opportunity to pay within fifteen days. Revisional review remains limited to perversity, evidentiary absence, gross illegality, or procedural miscarriage in concurrent findings.
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
Reassessment based on unverified audit objections fails where cess was not claimed and subsidiary investment interest is commercially expedient.
Reassessment founded on an audit objection alleging a health and education cess deduction requires verification that the deduction was actually claimed; an unverified factual premise demonstrates non-application of mind and cannot support reopening. Interest on borrowings invested in a subsidiary remains allowable where the investment is commercially expedient and connected with business purpose. Business purpose is not limited to the taxpayer's immediate profit-making activity, and the Revenue cannot replace a prudent businessperson's commercial judgment. Consequently, neither objection supplies a sustainable basis for reassessment.

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2021 (11) TMI 155 - HC - GST

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Court Grants Petitioner's Tax Exemption Request, Deems GST Section Discriminatory
The court granted the petitioner's request to quash the order of the Gujarat Appellate Authority for Advance Ruling and declared their products as falling ... Summary

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Acts Income Tax