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    Ad hoc purchase disallowance under section 69C fails when audited books and quantitative records support genuine expenditure.
    Secondment reimbursement and withholding tax turn on actual agreement terms, so the matter was sent back for fresh examination.
    Reassessment jurisdiction cannot support a new disallowance unrelated to the recorded reasons for reopening.
    Faceless reassessment and delay condonation: reassessment upheld, while property and cash deposit additions were remanded for fresh scrutiny.
    Credit rating services remain outside treaty royalty and technical-service taxation without transfer of underlying know-how or commercial experience.
    Broken-period interest on cum-interest debenture transfers remains taxable interest, not treaty-exempt short-term capital gain.
    Direct nexus, demat transfer, and appellate claims govern deduction, capital gains, and F&O set-off treatment.
    Jurisdictional approval defect invalidated reassessment where sanction came from the wrong income-tax authority.
    Local authority exemption under section 10(20) cannot be denied for a return claim when entitlement is otherwise proved.
    Undervaluation in customs imports can justify reassessment on actual transaction value and sustain linked penalties.
    Common Bench transfer for connected appeals was directed to avoid parallel hearing of the same adjudication order.
    Abatement on death of appellant bars continuation of appeal absent timely application by legal representative.
    Reverse charge on manpower supply and threshold exemption defeated a service tax demand based only on return mismatches.
    Mining royalty tax requires proof of a granted licence; balance-sheet entries alone do not justify service tax levy.
    Interest on enhanced land acquisition compensation forms part of compensation, preventing tax deduction at source from that component.
    Parallel investigation requests cannot bypass an existing judicial stay on an FIR already under judicial consideration.
    Inevitable by-products and job-worked coke remain outside exempt-product reversal and captive-consumption valuation rules in further manufacturing arr...
    Mandatory approval for delayed reassessment notices is jurisdictional; approval by an incorrectly designated authority invalidates the notice.
    Revisionary jurisdiction requires demonstrable assessment error, not a preference for deeper enquiries into alleged bogus purchases and accommodation ...
    Reassessment limitation under Section 149 preserves prior time bars, invalidating notices issued after the applicable pre-amendment deadline.
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Ad hoc purchase disallowance under section 69C fails when audited books and quantitative records support genuine expenditure.
Delay in filing the appeal was condoned because the assessee had bona fide pursued rectification proceedings before appealing, which was accepted as sufficient cause. On the substantive issue, an ad hoc disallowance of 12.5% of purchases as non-genuine under section 69C was held unsustainable where the books were audited, purchases and sales were quantitatively reconciled, and the Revenue failed to prove that the recorded expenditure was bogus or that the books were unreliable. The absence of PAN for some vendors, by itself, was not enough to justify the addition, and the disallowance was deleted.
AI TextQuick Glance (AI)Headnote
Secondment reimbursement and withholding tax turn on actual agreement terms, so the matter was sent back for fresh examination.
Reimbursement of salaries and allowances paid to seconded employees was not finally decided under section 40(a)(i) because the governing secondment agreements were not produced before the lower authorities or the Tribunal. The Tribunal noted that taxability and any withholding obligation depended on the actual contractual terms, the nature of services rendered, the Indian employment arrangement, and the relationship between the foreign entity, the Indian entity, and the secondees. As the issue could not be resolved on abstract legal submissions alone, the matter was restored to the Assessing Officer for fresh examination after calling for the relevant agreements and hearing the assessee.
AI TextQuick Glance (AI)Headnote
Reassessment jurisdiction cannot support a new disallowance unrelated to the recorded reasons for reopening.
In reassessment proceedings, an addition cannot be sustained on a ground not covered by the recorded reasons for reopening. Here, the notice under section 148 was based on alleged escapement of interest income from inter-corporate deposits, but no addition was made on that basis; the only sustained disallowance related to loan processing fees. As the recorded reasons did not include that issue and no fresh valid notice or recorded satisfaction supported it, the reassessment could not extend to an entirely different item. The addition was deleted and the reassessment was held unsustainable on that basis.
AI TextQuick Glance (AI)Headnote
Faceless reassessment and delay condonation: reassessment upheld, while property and cash deposit additions were remanded for fresh scrutiny.
Delay in filing the Tribunal appeal was treated as supported by sufficient cause and condoned because the assessee acted promptly after noticing the appellate order. On the reassessment challenge, the faceless order was held not void or without jurisdiction merely because it was processed through NFAC; the statutory scheme under the reassessment and faceless assessment framework was read as not invalidating the order on that ground. The additions relating to purchase of property and cash deposits were not decided on merits and were remanded to the Assessing Officer for fresh examination after giving the assessee an opportunity to explain the s.
AI TextQuick Glance (AI)Headnote
Credit rating services remain outside treaty royalty and technical-service taxation without transfer of underlying know-how or commercial experience.
Credit rating and annual surveillance receipts fall outside Article 12 of the India-Singapore DTAA where the provider does not transfer or make available technical skill, know-how, expertise, process, or commercial experience to clients. Providing rating and surveillance functions or reports, without imparting the underlying knowledge or granting a right to use qualifying information, does not constitute royalty or fees for technical services. Ancillary-service treatment also requires a connection with a qualifying use of right, property, or information. Accordingly, the service receipts were not taxable in India under the treaty provisions.
AI TextQuick Glance (AI)Headnote
Broken-period interest on cum-interest debenture transfers remains taxable interest, not treaty-exempt short-term capital gain.
Broken-period interest received on a cum-interest transfer of non-convertible debentures retains its character as interest income, even where paid by the purchaser rather than the issuer. Interest accrued up to the transfer date had already been accounted for, and the additional amount represented interest for the intervening five-day period. The debt character of non-convertible debentures supports assessment of that receipt under Income from Other Sources rather than as short-term capital gain. Consequently, the receipt does not qualify for the capital-gains exemption under Article 13(5) of the India-Singapore DTAA.
AI TextQuick Glance (AI)Headnote
Direct nexus, demat transfer, and appellate claims govern deduction, capital gains, and F&O set-off treatment.
Interest expenditure under section 57(iii) is deductible only to the extent the borrowing is directly and demonstrably linked to earning the relevant interest income; the balance remains disallowable. A transfer of shares through a demat account can constitute a transfer for capital gains purposes where control and disposal rights pass to the transferee, and an appellate authority may examine an alternate claim under section 54F even if it was not made in the return, if supported by the record. Loss from F&O trading may also be set off under sections 70 and 71 when otherwise allowable on the material already on record, and the claim is not barred merely because it was first raised in appeal.
AI TextQuick Glance (AI)Headnote
Jurisdictional approval defect invalidated reassessment where sanction came from the wrong income-tax authority.
Approval for reassessment under the Income-tax Act had to come from the Principal Chief Commissioner of Income Tax where that authority existed and had jurisdiction. Because a Principal Chief Commissioner for Madhya Pradesh and Chhattisgarh was notified, approval obtained instead from the Chief Commissioner was contrary to the statutory hierarchy and without jurisdiction. The reassessment notice and consequent assessment were therefore invalid, and the reassessment proceedings were held bad in law and void ab initio. The assessee succeeded on the additional ground.
AI TextQuick Glance (AI)Headnote
Local authority exemption under section 10(20) cannot be denied for a return claim when entitlement is otherwise proved.
A local authority's exemption under section 10(20) could not be denied merely because the original return wrongly claimed a deduction under section 57 instead of the exemption. The Tribunal noted that the assessee had been accepted as a local authority in earlier and later years, the exemption had been allowed in regular assessments for other years, and the relevant audited accounts and supporting details were before the Assessing Officer. The requirement of a revised return could not defeat substantive entitlement established on the record, so the addition was deleted.
AI TextQuick Glance (AI)Headnote
Undervaluation in customs imports can justify reassessment on actual transaction value and sustain linked penalties.
Where part of the import price is paid outside the declared invoice trail and the evidence includes supplementary invoices and an un-retracted voluntary statement, customs authorities may treat the actual price paid or payable as the transaction value under Section 14 and re-determine assessable value accordingly. The absence of contemporaneous comparable imports does not defeat the demand if the record already establishes undervaluation and suppression of the true value. On that evidentiary basis, consequential penalties on the importing company under Section 114A and on its Director under Section 112(b) were sustained.
AI TextQuick Glance (AI)Headnote
Common Bench transfer for connected appeals was directed to avoid parallel hearing of the same adjudication order.
An appeal arising from a common adjudication order passed outside the Bench's territorial jurisdiction, with connected appeals already pending elsewhere, was directed to be placed before the Hon'ble President for constitution of a common Bench. Relying on Notification No. 1/2022 dated 24.01.2022, the Bench noted that parallel consideration of the same subject matter by different Benches should be avoided. The principles of comity and forum non conveniens supported transfer so that all appeals from the same order could be heard together. The appeal was not entertained on merits at that stage, and the appellant was directed to seek transfer through the Registry.
AI TextQuick Glance (AI)Headnote
Abatement on death of appellant bars continuation of appeal absent timely application by legal representative.
Proceedings abate on the death of a party under Rule 22 of the CESTAT (Procedure) Rules, 1982 unless a timely application is made by or against the successor-in-interest or legal representative for continuation. As no such application was filed after the appellant's death, the appeal could not be continued. The analysis also applies the principle that proceedings cannot lawfully continue against a dead person, as that would offend natural justice. The appeal therefore abated and came to an end.
AI TextQuick Glance (AI)Headnote
Reverse charge on manpower supply and threshold exemption defeated a service tax demand based only on return mismatches.
Manpower supply performed under the recipient's control and supervision was treated as a manpower supply service taxable under reverse charge; under Rule 2(g) of the Service Tax Rules, 1994 and Notification No. 30/2012-ST, the service tax liability lay on the recipient, not the proprietary supplier, and the demand was unsustainable. The value of that reverse-charge service was excluded while computing the supplier's aggregate turnover for small service provider exemption, so the exemption remained available and the second work order demand also failed. A demand based only on Form 26AS and ST-3 mismatches, without independent corroboration of suppression or wilful misstatement, could not invoke the extended period; that demand was held time-barred.
AI TextQuick Glance (AI)Headnote
Mining royalty tax requires proof of a granted licence; balance-sheet entries alone do not justify service tax levy.
Royalty on minerals is treated as taxable consideration for a mining-related service only where a mining right or licence has actually been granted and the royalty is shown to be paid for that licence. On the stated facts, the amounts were explained as sums withheld by State works authorities pending compliance documentation, not as royalty for any mining licence, so no service tax liability under reverse charge was established. The demand was also found unsupported by corroborative evidence, since it rested mainly on balance-sheet entries, and extended limitation was not justified in the absence of proof of suppression or wilful misstatement. The impugned demands were therefore unsustainable on both merits and limitation.
AI TextQuick Glance (AI)Headnote
Interest on enhanced land acquisition compensation forms part of compensation, preventing tax deduction at source from that component.
Interest awarded under Section 28 of the Land Acquisition Act, 1894 on enhanced compensation for compulsory land acquisition is treated as an accretion to the value of the acquired land and forms part of the enhanced compensation. It compensates for inflation during the period between determination and payment of compensation. Tax may not be deducted at source from this interest component payable with enhanced compensation.
AI TextQuick Glance (AI)Headnote
Parallel investigation requests cannot bypass an existing judicial stay on an FIR already under judicial consideration.
Where allegations in complaints to the CBI and Enforcement Directorate substantially overlap with an FIR whose investigation has been stayed and remains pending before a High Court, directions for a parallel investigation or takeover cannot be pursued before another forum. Relief from the stay, or expedition of the pending proceedings, must be sought before the court already seized of the FIR or before the Supreme Court. The requested investigative directions were therefore unavailable.
AI TextQuick Glance (AI)Headnote
Inevitable by-products and job-worked coke remain outside exempt-product reversal and captive-consumption valuation rules in further manufacturing arrangements.
Inevitable coal gas arising during coke manufacture is a by-product rather than a final product, so the payment mechanism for exempted final products under Rule 6(3) of the Cenvat Credit Rules does not apply. Coke produced on job work and returned to the principal manufacturer for further manufacture is neither sold by the job worker nor consumed by or on behalf of that job worker; captive-consumption valuation under Rule 10A(iii) read with Rule 8 is therefore inapplicable. Valuation based on raw-material cost and job-work conversion charges, adjusted for by-product realisations, supports the duty treatment.
AI TextQuick Glance (AI)Headnote
Mandatory approval for delayed reassessment notices is jurisdictional; approval by an incorrectly designated authority invalidates the notice.
Reassessment notices issued beyond three years from the end of the relevant assessment year require prior approval from the authority specified under Section 151(ii). Approval by a Principal Commissioner alone does not satisfy this mandatory jurisdictional requirement where approval from the Principal Chief Commissioner or other specified authority is required. A notice issued without such valid approval is without jurisdiction and must be invalidated. The stated analysis confirms that the reassessment notice was invalid for failure to obtain approval from the appropriate authority.
AI TextQuick Glance (AI)Headnote
Revisionary jurisdiction requires demonstrable assessment error, not a preference for deeper enquiries into alleged bogus purchases and accommodation entries.
Revisionary jurisdiction under section 263 cannot be invoked merely because the Assessing Officer could have conducted further or more extensive enquiries. Specific notices, explanations, books, bank records, confirmations, invoices, e-way bills, GST records and affidavits were examined, and additions were made after considering seized material. A finding that an assessment is erroneous and unsustainable requires support from the assessment record or an independent enquiry. The revision proceedings also overlooked a rectification order enhancing the accommodation-entry addition and did not examine the record of prior assessment approval. The section 263 order was therefore quashed.
AI TextQuick Glance (AI)Headnote
Reassessment limitation under Section 149 preserves prior time bars, invalidating notices issued after the applicable pre-amendment deadline.
A notice under Section 148 for Assessment Year 2015-16 was beyond the limitation period applicable under the pre-amendment regime, which expired on 31 March 2022. The first proviso to Section 149(1), inserted by the Finance Act, 2021, preserves that restriction for past assessment years. The fifth and sixth provisos, which provide exclusion and extension mechanisms within the amended three-year or ten-year framework, cannot extend the limitation preserved by the first proviso. Consequently, the notice dated 7 April 2022 was time-barred, invalid, and incapable of conferring jurisdiction for reassessment.

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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