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Case Laws
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AI Text Quick Glance by AI Headnote
AI TextQuick Glance (AI)Headnote
Gross-profit estimation based on contemporaneous industry comparables governs diary-based undisclosed sales, while uncorroborated RTGS commission additions fail.
Estimated business income must use reliable contemporaneous industry comparables rather than historical gross-profit averages; the applicable rate was 4.315% for declared turnover and determined undisclosed sales. Diary receipts were to be reduced for recorded sales through traders, substantiated contra entries and verified totaling errors, while no deduction applied to trader sales after the search date. A separate commission addition for alleged accommodation RTGS entries lacked independent corroboration and failed once recorded trader sales were adjusted. Cash withdrawals required verification, and any residual unexplained cash could be telescoped against income from undisclosed sales.
AI TextQuick Glance (AI)Headnote
Unexplained expenditure and double disallowance: documented payments and prior CSR disallowance defeated the additions.
Expenditure recorded in audited books and paid through banking channels, supported by agreements, invoices, Form 15CA/15CB and TDS, cannot be treated as unexplained expenditure under section 69C merely because the Revenue doubts commercial expediency or actual service rendition; the addition was deleted. CSR expenditure already suo motu disallowed in the computation of income under section 37 could not be added again, as that would create impermissible double disallowance; the further addition was also deleted. The ratio is that section 69C applies only where the source of expenditure is unexplained, and a sum already disallowed by the assessee cannot be disallowed twice.
AI TextQuick Glance (AI)Headnote
Debenture discount deductibility and exempt-income investments govern revenue expense timing and Rule 8D disallowance computation.
Debenture-issue discount incurred wholly and exclusively for business is ordinarily deductible as revenue expenditure in the year the liability is incurred. Deferral over the debenture term may apply where the taxpayer seeks spread-over treatment and the matching concept supports it; book accounting does not determine deductibility under the Act. For disallowance of expenditure relating to exempt income under section 14A read with Rule 8D, the computation may be confined to investments that actually generated exempt income during the relevant year. Investments producing no exempt income in that year are excluded where the factual basis supports that approach.
AI TextQuick Glance (AI)Headnote
Reassessment additions must match recorded reasons, while gross profit estimates and donation disallowance need fair evidentiary support and opportunity.
Reassessment under section 147 must retain a live link with the recorded reasons for reopening; once the foundational addition on alleged stock understatement failed, independent additions under sections 40(a)(ia) and 36(1)(va) could not survive. Rejection of books under section 145(3) and estimation of gross profit were also unsustainable where the assessee supported the wastage reconciliation with job-work records, invoices, confirmations and an accountant's certificate, and the declared gross profit was not inconsistent with earlier years. Disallowance of donations under section 80G required fresh adjudication because the assessee was not shown to have been given full adverse material or cross-examination.
AI TextQuick Glance (AI)Headnote
Corpus donations supported by evidence were not taxable as unexplained cash credits; rectification enhancing the addition was upheld.
Corpus donations received by a registered charitable society, when shown in the books with banking evidence, confirmations and other supporting material, could not be taxed as unexplained cash credits under section 68 merely on general suspicion about the donors; the Tribunal held the addition unsustainable and deleted it. The rectification enhancing the addition under section 154 was treated as a valid arithmetical correction and was not found to involve any debatable issue requiring interference. The assessee therefore succeeded on the main addition, while the rectification was upheld.
AI TextQuick Glance (AI)Headnote
SARFAESI jurisdiction bar limits civil suits challenging enforcement measures; statutory remedies before DRT and tribunal must be used.
Civil court jurisdiction is barred where the substance of the suit challenges SARFAESI measures under the 2002 Act. The plaint here sought partition, a declaration that the mortgage was void, and an injunction against enforcement action, but it was internally inconsistent because it accepted earlier partition and the mortgagor's registered ownership while attacking the mortgage only for a share. Sections 34 and 35 required such objections to be pursued before the DRT and, if necessary, the Appellate Tribunal. The plaint was therefore rightly rejected under Order VII Rule 11, and the challenge to the SARFAESI action failed.
AI TextQuick Glance (AI)Headnote
NCLT jurisdiction bars civil suits where oppression and mismanagement relief can cover access to company records and injunctions.
Civil court jurisdiction is excluded by Section 430 of the Companies Act, 2013 where the relief sought can be granted by the National Company Law Tribunal in oppression and mismanagement proceedings. Sections 241 and 242 give the Tribunal wide powers to pass interim and final orders, regulate company affairs, remove directors, order recovery of undue gains, and grant other just and equitable relief. The Tribunal's flexible procedure under Section 424 and Rule 11 of the NCLT Rules, 2016 supports effective relief, and the civil suit seeking restraint on access to company accounts and files was therefore within the Tribunal's competence. The injunction application ought to be pursued before the Tribunal.
AI TextQuick Glance (AI)Headnote
Reassessment invalid for incorrect assumption of scrutiny assessment and non-application of mind in reopening reasons.
Reassessment was invalid where the Assessing Officer invoked Explanation 2(b) to section 147 on the mistaken assumption that the return had only been processed under section 143(1), although the assessee had already been scrutinised under section 143(3). The recorded reasons were based on an incorrect factual and legal premise and showed non-application of mind. On that basis, the reassessment machinery was held to be vitiated, and the reassessment proceedings were quashed in favour of the assessee.
AI TextQuick Glance (AI)Headnote
Special GST statute excludes general penal prosecution for tax deposit defaults, and later penal law cannot apply retrospectively.
Where alleged default is limited to delayed or non-deposit of GST/TDS, the GST enactment operates as a complete code for default, penalty, prosecution and compounding, and recourse to the general penal law is not permissible absent distinct ingredients of embezzlement, misappropriation, cheating or wrongful gain. The prosecution was therefore unsustainable without proceeding under the GST framework. Proceedings under the Bharatiya Nyaya Sanhita, 2023 were also legally infirm because the alleged conduct related to 2017-18, and substantive penal liability is governed by the law in force on the date of occurrence. The impugned criminal proceedings were quashed.
AI TextQuick Glance (AI)Headnote
Input tax credit on QIP services allowed only for debt repayment, not for subsidiary investment, under business nexus test.
Input tax credit on services used for a qualified institutional placement was allowed only where the proceeds were applied to repayment or pre-payment of borrowings, because debt reduction was treated as a business-linked activity that supported liquidity and commercial operations. Credit was denied where the proceeds were used to invest in a wholly owned subsidiary, since the holding company and subsidiary are separate legal entities and no direct nexus between the input services and the assessee's own business was shown. The ruling was therefore modified to permit credit only for the borrowing-related portion and to reject it for the subsidiary investment portion.
AI TextQuick Glance (AI)Headnote
GST registration cancellation for non-filing may be reversed after filing pending returns and clearing dues under the compliance route.
GST registration cancelled for continuous non-filing of returns may be restored if the taxpayer files all pending returns and pays the tax dues, interest and late fee required under the CGST framework. Section 29(2)(c) permits cancellation for non-furnishing of returns for six months, but Rule 22 contemplates notice, reply and, where full compliance is made, dropping of cancellation proceedings. Because cancellation has serious civil consequences, the prescribed compliance route can be used to seek restoration of registration, subject to the competent authority considering the request in accordance with law.
AI TextQuick Glance (AI)Headnote
Regular bail under UAPA turned on long custody, trial progress, and parity with co-accused, with conditions imposed.
Regular bail was granted in a prosecution under the Indian Penal Code and the Unlawful Activities (Prevention) Act after the Court weighed prolonged custody, the stage of trial, and parity with co-accused. The appellant had remained in custody since October 2021, most protected witnesses had been examined, and the remaining witnesses were said to concern the role of co-accused. With some co-accused already on bail and further delay in trial completion likely, the Court found bail appropriate while expressly declining to comment on the gravity of the alleged offence. Bail was made subject to bond conditions, weekly police presence, and cooperation with trial.
AI TextQuick Glance (AI)Headnote
Tax-neutral amalgamation and valuation evidence supported capital loss claims, while related-party sale loss was held genuine.
In a tax-neutral amalgamation, the holding period and indexation for capital loss computation were linked to FY 2008-09 because the township had been constructed and rental income assessed from that period; the Assessing Officer could not restrict indexation to the occupancy-certificate date, and the assessee's claim was upheld. The loss on sale of Bharath Nirman Fund units to a subsidiary was held genuine because both purchase and sale values were supported by registered valuer reports using the same NAV methodology, with the fall in value explained by erosion in underlying investments; related-party status alone did not make the transaction a colourable device, and the disallowance failed.
AI TextQuick Glance (AI)Headnote
Binding APA coverage prevents business-expediency disallowance of intra-group support service expenditure under section 37(1).
Expenditure on intra-group second line support services covered by a binding advance pricing agreement (APA) cannot be disallowed for lack of business expediency under section 37(1). The APA examined the functions performed, assets employed, risks assumed, pricing methodology and cost allocation, and treated the transaction as undertaken for business purposes. Its binding effect under section 92CC prevents a separate section 37(1) disallowance that would negate the accepted business character of the transaction. Acceptance of the claim in earlier and later years also supported consistency. The disallowance and related addition were deleted.
AI TextQuick Glance (AI)Headnote
Article 21 and UAPA bail: prolonged incarceration is assessed contextually, and conflicting bench views warranted reference.
Article 21 liberty was treated as surviving the bail restraint in Section 43D(5) of the UAPA, with prolonged incarceration relevant but not automatically decisive; the proper approach is contextual, considering allegations, role, prima facie material, trial stage, delay, and competing security concerns. The order also states that perceived divergence between coordinate Benches on the application of K.A. Najeeb required reference to a Bench of appropriate strength to maintain judicial discipline and consistency. Pending authoritative resolution, interim bail was granted subject to conditions, without expressing any view on the merits.
AI TextQuick Glance (AI)Headnote
Cash deposits explained by earlier withdrawals and cash book entries cannot sustain an addition without contrary evidence.
Cash deposits were held not to justify an addition under section 68 where the assessee showed that identical sums had been withdrawn from the same bank account a few days earlier and recorded in the cash book. The Tribunal accepted that the cash balance existed before redeposit and noted that the Assessing Officer produced no contrary material to show the money had been spent elsewhere or that the books were unreliable. Mere suspicion about the deposit pattern was insufficient to discredit the explanation, so the addition for unexplained cash credits was deleted.
AI TextQuick Glance (AI)Headnote
Section 14A and transfer pricing principles narrowed by ITAT Delhi across exempt income, LIBOR benchmarking, receivables, and MAT adjustment.
ITAT Delhi held that section 14A disallowance read with Rule 8D must be restricted to investments that actually yielded exempt income, and the matter was remanded for recomputation. It deleted the notional interest addition on business advances because no actual accrual or receipt was shown. For loans advanced to subsidiaries repayable in US dollars, LIBOR was held to be the correct benchmark instead of the domestic rate. The Tribunal also upheld TNMM and the exclusion of functionally dissimilar comparables, deleted the separate adjustment on outstanding receivables where working-capital effects were already reflected, and held that section 14A disallowance could not be added back while computing book profit under section 115JB.
AI TextQuick Glance (AI)Headnote
Railway construction exemption read plainly: benefit cannot be limited to government railways when the notification says railways.
Exemption under Notification No. 25/2012-ST for construction, erection, commissioning or installation of original works pertaining to railways was interpreted on its plain terms. The notification used the word "railways" and excluded only monorail and metro, so no further restriction to government railways could be implied. In tax law, exemption entries must be read as written, and additional qualifying words cannot be added by the adjudicating authority or Tribunal. The strict construction rule applies only where genuine ambiguity exists, and none was found here. The denial of exemption was therefore unsustainable, and the railway project for private use remained eligible for the benefit.
AI TextQuick Glance (AI)Headnote
Mercantile system accrual rule governs taxability of business receipts; later bank realisation did not justify addition.
Under the mercantile system of accounting, business income is taxable when the right to receive accrues, not merely when cash is later realised. The assessee's receipts were found to have arisen on credit basis in the relevant year, and accounting records and bank statements supported that the later banking entries represented realisation of already accrued income. On that basis, the subsequent receipt did not shift the year of taxability, and the cash deposit was also explained by supporting evidence. The addition of Rs. 14,00,000 was therefore held unjustified and deleted.
AI TextQuick Glance (AI)Headnote
Business sale proceeds in specified bank notes were not unexplained cash deposits when the source was established.
Cash deposits made during demonetisation were treated as business sale proceeds received in specified bank notes, and the factual finding on source was not displaced. The mere fact that the assessee was not authorised to collect those notes, or that the transactions breached the restrictions then in force, did not by itself make the deposits unexplained under the Income-tax Act. Where the source of cash is established as sales, the deposits cannot be brought to tax as unexplained money simply because of the manner in which the cash transactions were conducted. The addition under section 69A was deleted.

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Case Laws

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