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    Interim restraint on leave fare concession tax deduction prevents retrospective deductor default and related interest liability.
    Tax withholding interest ends on the deductee's return filing, while capitalised work-in-progress interest escapes revenue-expense disallowance.
    Reassessment beyond three years requires competent approval and asset-based escaped income meeting the statutory threshold.
    Revenue neutrality in domestic transfer pricing can eliminate interest adjustments after verification of the related-party transaction's domestic char...
    Explained cash deposits during demonetisation accepted where disclosed rental income and available cash resources established the deposit sources.
    Search-seized third-party material requires Section 153C proceedings, rendering reassessment under Section 147 without jurisdiction and invalid.
    Specific charge under Section 270A is essential; shifting from misreporting to under-reporting invalidates penalty proceedings.
    Assessment of a non-existent company after LLP conversion is void and cannot be cured as a mere misdescription.
    Prospective application of Section 43CA prevents stamp-duty substitution for land-sale agreements substantially executed before its enactment.
    Customs classification of imported girls' garments remained subject to the Tribunal's determination after delayed appeals failed on merits.
    Contempt jurisdiction enforces judicial directions, requiring video-recorded personal hearings while leaving administrative notice challenges to separ...
    VCES declaration rejection is appealable, with connected pre-declaration payments requiring verification and consideration towards declared tax dues.
    Criminal process for money recovery rejected where a flat-sale dispute remained civil and cognizance was properly refused.
    Statutory GST appeals govern evidentiary and hearing challenges unless a patent natural-justice breach or jurisdictional error is demonstrated.
    Statutory appeal delay condoned, preserving merits review and quashing consequential bank recovery notice pending tax liability determination.
    Garnishee attachment exceeding the original demand remained stayed while the taxpayer pursued the statutory appellate remedy.
    Documented penny-stock share transactions cannot be taxed as unexplained income without evidence linking the taxpayer to manipulation.
    IGST import refund limitation began only after Customs forum clarification, making the agency's claims timely and allowable.
    Manufacture exclusion from business auxiliary service remained undecided after Revenue withdrew its low-value appeal before final determination.
    Unjust enrichment in excise refunds depends on proving whether duty incidence was passed on to consumers.
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AI TextQuick Glance (AI)Headnote
Interim restraint on leave fare concession tax deduction prevents retrospective deductor default and related interest liability.
Interim judicial directions restraining tax deduction or recovery from employees' leave fare concession payments removed the bank's subsisting obligation to deduct tax during the protected period. Subsequent vacation of that protection could operate only prospectively and could not retrospectively create default for payments already made. Later restraint on recovery from employees also prevented recovery action. Default liability arises only where a deductor fails to deduct despite an existing legal obligation, and the Department must ascertain whether recipients have paid the tax. The bank was therefore not an assessee in default, and the related tax demand and interest were deleted.
AI TextQuick Glance (AI)Headnote
Tax withholding interest ends on the deductee's return filing, while capitalised work-in-progress interest escapes revenue-expense disallowance.
Interest for failure to deduct tax on lease-rent payments is confined to the period from the date of deductibility until the deductee files its return. Disallowance for non-deduction of tax applies only to expenditure claimed as a revenue deduction in computing taxable income. Interest capitalised as inventory or work-in-progress under the percentage-of-completion method, and not charged to the profit and loss account, cannot be disallowed because it has not been claimed as deductible expenditure. Consequently, capitalised interest is excluded from the disallowance, while interest liability for non-deduction ends on the deductee's return-filing date.
AI TextQuick Glance (AI)Headnote
Reassessment beyond three years requires competent approval and asset-based escaped income meeting the statutory threshold.
Reassessment initiated more than three years after the relevant assessment year requires approval from the specified senior authority under section 151(ii); approval by a Principal Commissioner is not competent for that period. Notice beyond three years is permissible under section 149(1)(b) only where escaped income represented by an asset meets the prescribed threshold. Where the alleged escaped income falls below that threshold, the section 148A(d) order, section 148 notice and consequential reassessment are invalid and liable to be quashed.
AI TextQuick Glance (AI)Headnote
Revenue neutrality in domestic transfer pricing can eliminate interest adjustments after verification of the related-party transaction's domestic character.
Transfer-pricing adjustment on interest paid to a related enterprise may be deleted as revenue neutral if factual verification confirms a specified domestic transaction between domestic entities. Revenue neutrality ordinarily applies unless profit shifts from a profit-making entity to a loss-making entity or from a higher-tax entity to a lower-tax entity. Where the taxpayer is subject to a concessional lower rate and the related enterprise to a higher rate, an alleged shift would move profit to the higher-tax entity. Verification is required because the transaction was treated as international despite the related enterprise being identified as domestic.
AI TextQuick Glance (AI)Headnote
Explained cash deposits during demonetisation accepted where disclosed rental income and available cash resources established the deposit sources.
Cash deposits during demonetisation were satisfactorily explained where the assessee substantiated a maternal gift through the donor's income-tax returns showing undisputed rental income, and the Revenue made no enquiry into her accumulated cash savings despite unavailable bank withdrawals. A further deposit was explained through the HUF's disclosed rental income and available cash resources. As the disclosed rental receipts of both sources were not disputed and the assessee discharged the burden of proving the sources, the additions for unexplained investments were deleted.
AI TextQuick Glance (AI)Headnote
Search-seized third-party material requires Section 153C proceedings, rendering reassessment under Section 147 without jurisdiction and invalid.
Reassessments based on documents seized during a search of a third party must proceed under Section 153C where the material pertains to the assessee and is relevant to determining that assessee's income. Sections 153A and 153C override the general reassessment mechanism under Sections 147 and 148 through non-obstante clauses. Consequently, Section 147 is unavailable for initiating reassessment on such search-seized material. Reassessment orders initiated under Section 147 in these circumstances lack jurisdiction and are liable to be quashed; factual additions need not be examined.
AI TextQuick Glance (AI)Headnote
Specific charge under Section 270A is essential; shifting from misreporting to under-reporting invalidates penalty proceedings.
Section 270A requires the applicable statutory circumstance and factual basis for under-reporting or misreporting to be specifically identified in the initiating notice and penalty proceedings. Under-reporting under section 270A(2) is distinct from under-reporting resulting from misreporting under section 270A(9). Initiating proceedings for misreporting but imposing penalty for under-reporting, without specifying the relevant charge, denies the assessee a meaningful opportunity to respond and breaches natural justice. The penalty was therefore treated as invalid and quashed.
AI TextQuick Glance (AI)Headnote
Assessment of a non-existent company after LLP conversion is void and cannot be cured as a mere misdescription.
Reassessment orders issued in the name of a private company after its conversion into an LLP are void where the Assessing Officer had been informed of the conversion and received the conversion certificate before issuing jurisdictional notices. A company and LLP have distinct legal identities and tax treatment. Service of notice under section 143(2) after a return in response to section 148 is a jurisdictional requirement. Issuing both that notice and the reassessment order to an entity that had ceased to exist is a substantive illegality, not a mere misdescription, and cannot be cured under section 292B. The reassessment orders were quashed.
AI TextQuick Glance (AI)Headnote
Prospective application of Section 43CA prevents stamp-duty substitution for land-sale agreements substantially executed before its enactment.
Section 43CA does not apply where agreements for sale of land fixed consideration and substantial non-cash consideration was received before the provision came into force, even if sale deeds were registered later. Subsequent registration merely completes the pre-existing contractual arrangement and does not render the provision retrospectively applicable. Although Section 43CA permits stamp-duty value as on the agreement date where consideration is received otherwise than in cash, that mechanism does not extend the provision to transactions substantially executed before enactment. Applying the law prevailing when substantive contractual obligations arose, stamp-duty valuation could not support the addition.
Quick Glance (AI)Headnote
Customs classification of imported girls' garments remained subject to the Tribunal's determination after delayed appeals failed on merits.
Classification of imported girls' garments as trousers, pyjamas or polyester knitted leggings was disputed under the Customs Tariff, with confiscation and penalties arising from the importer's declared classification. Appeals challenging the Tribunal's order were dismissed because the filing delay was not satisfactorily explained and no ground existed to interfere with the Tribunal's determination on merits. The classification dispute therefore remained governed by the Tribunal's order.
AI TextQuick Glance (AI)Headnote
Contempt jurisdiction enforces judicial directions, requiring video-recorded personal hearings while leaving administrative notice challenges to separate remedies.
Contempt jurisdiction is confined to securing compliance with judicial directions and does not extend to independent challenges to administrative action. Failure to video record a statement was acknowledged as inadvertent; the unconditional apology was accepted, respondents were cautioned to comply scrupulously, and the scheduled personal hearing was required to be video recorded. The alleged absence of an administrative dispatch signature on an office copy of a show-cause notice did not concern compliance with prior directions and could not be examined in contempt proceedings. The notice's validity was left to independent remedies available in law.
AI TextQuick Glance (AI)Headnote
VCES declaration rejection is appealable, with connected pre-declaration payments requiring verification and consideration towards declared tax dues.
Rejection of a VCES declaration is appealable; a departmental circular cannot override High Court decisions recognising maintainability. Pre-declaration payments must be reckoned towards VCES declared tax dues where they relate to the tax dispute covered by the declaration. Entitlement to settlement therefore requires factual verification of the nexus between earlier deposits and the declared dispute, and rejection solely on non-maintainability cannot stand.
AI TextQuick Glance (AI)Headnote
Criminal process for money recovery rejected where a flat-sale dispute remained civil and cognizance was properly refused.
Criminal process cannot be used to coerce repayment of money where allegations arising from instalment payments and a proposed flat sale disclose an essentially civil dispute. Police enquiry and documentary material did not support the oral allegations, while earlier orders had treated the matter as civil; criminal cognizance was therefore unwarranted, and the refusal of cognizance and dismissal of the complaint stood restored. Setting aside a refusal of cognizance and remanding the matter necessarily prejudices the accused person; reopening cognizance without hearing that person was unsustainable.
AI TextQuick Glance (AI)Headnote
Statutory GST appeals govern evidentiary and hearing challenges unless a patent natural-justice breach or jurisdictional error is demonstrated.
GST adjudication challenges requiring factual and evidentiary appraisal, including objections to electronic evidence, forensic authentication, cross-examination and an earlier audit, must be pursued through the statutory appellate remedy. The appellate mechanism under the CGST Act permits reconsideration of both facts and law. Participation in adjudication through an authorised representative, attendance at the hearing and submission of a detailed reply undermine allegations of defective service, inadequate consideration or denial of effective hearing unless a patent natural-justice breach and resulting prejudice are demonstrated. Writ jurisdiction is ordinarily unavailable where an efficacious appeal exists, absent a jurisdictional error or another recognised exceptional circumstance.
AI TextQuick Glance (AI)Headnote
Statutory appeal delay condoned, preserving merits review and quashing consequential bank recovery notice pending tax liability determination.
Delay in filing a statutory appeal was condoned in view of the disputed tax liability and the pre-deposit made with the appeal, allowing the appellate remedy to be pursued on merits. As the appeal was directed to be decided on merits, the consequential bank recovery notice could not continue and was quashed. The underlying tax liability remains open for determination by the appellate authority.
AI TextQuick Glance (AI)Headnote
Garnishee attachment exceeding the original demand remained stayed while the taxpayer pursued the statutory appellate remedy.
A writ petition concerning a garnishee notice proposing attachment beyond the demand raised in the Order-in-Original was disposed of with liberty to pursue the statutory appellate remedy. The petitioner could file an appeal subject to the required pre-deposit and seek condonation of delay. No coercive action under the garnishee notice could be taken during the period granted for filing the appeal.
AI TextQuick Glance (AI)Headnote
Documented penny-stock share transactions cannot be taxed as unexplained income without evidence linking the taxpayer to manipulation.
Share-sale proceeds and long-term capital gains cannot be treated as unexplained cash credits merely on general penny-stock investigation material where the taxpayer substantiates the transactions through share application records, broker notes, banking channels, demat statements, stock-exchange sale records and securities transaction tax payment. Cogent evidence must connect the taxpayer to price manipulation, sham transactions or accommodation entries; absent such evidence, the addition is deleted. Estimated commission expenditure for an alleged accommodation entry also cannot be added as unexplained expenditure when it is only consequential to the rejected cash-credit allegation and lacks independent evidence of expenditure.
AI TextQuick Glance (AI)Headnote
IGST import refund limitation began only after Customs forum clarification, making the agency's claims timely and allowable.
Refund claims for IGST paid on imported goods by a United Nations specialised agency were considered timely because Circular No. 23/2019-Customs first clarified that Customs authorities were the proper forum for such claims. Before that clarification, the filing authority had not been specified and limitation could not begin. Applying the prescribed period from the date of clarification together with the Supreme Court's COVID-19 limitation extension, claims filed in May 2022 fell within time and were allowable.
AI TextQuick Glance (AI)Headnote
Manufacture exclusion from business auxiliary service remained undecided after Revenue withdrew its low-value appeal before final determination.
Electroplating job work that converts inputs into a finished article is treated as manufacture and falls outside business auxiliary service. Exemption under Notification No. 8/2005-ST may apply to goods produced for a client where Notification No. 24/2003-CE is conditional rather than unconditional. The Revenue withdrew its appeal because of low monetary value, and the Supreme Court dismissed it as not pressed, without determining the substantive service-tax issues.
AI TextQuick Glance (AI)Headnote
Unjust enrichment in excise refunds depends on proving whether duty incidence was passed on to consumers.
Refund of excise duty on UF/PF resin solution depends on the factual determination of whether the duty incidence was passed on to consumers. The claimant must be given an opportunity before the competent Assistant Commissioner to establish that it did not pass on the duty burden. If the incidence was passed on, retaining the refund would amount to unjust enrichment and the amount must be credited to the Consumer Welfare Fund. The matter was remitted for fresh determination, with protection from coercive recovery pending that decision.

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2021 (11) TMI 376 - AT - Income Tax

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Tribunal upholds capitalization of NTPC project expenses, citing consistency with prior judgments.
The Tribunal dismissed the Revenue's appeal, upholding the Ld. CIT(A)'s decision to allow expenses related to the NTPC project to be capitalized. The ... Summary

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Acts Income Tax