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Case Laws
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AI Text Quick Glance by AI Headnote
AI TextQuick Glance (AI)Headnote
Natural justice in GST assessment: ex parte order quashed for failure to give notice of the next hearing and personal hearing.
An ex parte GST assessment order was held unsustainable where the authority neither decided the matter on the scheduled hearing date nor communicated any subsequent date, resulting in denial of personal hearing and breach of natural justice. The assessment proceedings were therefore vitiated, the impugned order was quashed and set aside, and the authority was directed to afford a fresh opportunity of hearing and then pass a reasoned order in accordance with law.
AI TextQuick Glance (AI)Headnote
Sundry creditors under section 68 and TDS disallowance on freight expenses turned on documentary proof and banking evidence.
Low household withdrawals were sustained as an addition where declared withdrawals were materially lower than the prior year and the assessee's claim that the spouse met household es was unsupported. Outstanding year-end sundry creditor balances were not treated as unexplained cash credits under section 68 because the liabilities were shown to have been discharged in the succeeding year through banking channels and that fact was not controverted. Freight and transportation expenses were disallowed under section 40(a)(ia) because tax was not deducted at source and the declarations relied on under section 194C(6) were incomplete and unreliable.
AI TextQuick Glance (AI)Headnote
80G approval delay condoned as time limit treated as directory and matter sent back for merits review
The time limit for filing an application for final approval under section 80G(5) was treated as directory, and the technical delay was condoned in the interest of substantial justice. Because the application had been rejected only for delay, without examining the statutory eligibility conditions, the genuineness of the charitable activities, or the effect of registration under section 12A, the matter required fresh consideration on merits. The Commissioner was directed to decide the application afresh after giving due opportunity and applying the principles of natural justice.
AI TextQuick Glance (AI)Headnote
Input tax credit under Section 16(5) prevails over Section 16(4) when returns are filed within the prescribed cut-off date.
Input tax credit under Section 16(5) of the CGST Act cannot be denied where the relevant returns were filed within the cut-off date prescribed by that provision. Because Section 16(5) contains a non-obstante clause, it operates notwithstanding the limitation in Section 16(4). The prior restriction in Section 16(4) therefore could not be used to defeat the benefit once the filing requirement under Section 16(5) was satisfied. The impugned denial of credit was unsustainable on that footing.
AI TextQuick Glance (AI)Headnote
DBFOT road concession treated as taxable works contract under GST; toll exemption does not cover construction services.
A DBFOT road concession under which the concessionaire undertakes construction, operation and maintenance, receives an exclusive right to collect toll, and pays premium or concession fee was treated as a taxable supply of works contract services under GST because the reciprocal rights and obligations formed consideration other than money. The road-access toll exemption was held to apply only to services under Heading 9967 and not to road construction under Heading 9954, so it did not cover the construction element. The challenge based on double taxation and parity with other departmental decisions also failed, as those references involved different contracts and issues.
AI TextQuick Glance (AI)Headnote
Section 153C jurisdiction fails on an omnibus satisfaction note, and the linked revisionary order cannot survive.
Jurisdiction under section 153C must rest on a year-wise satisfaction note linked to the seized material for the specific assessment year or years affected; a consolidated or omnibus note without bifurcation of the incriminating material cannot validly found jurisdiction. On that basis, the assessment was held void for lack of proper jurisdictional foundation, and the consequential revisionary order under section 263 also failed because it could not survive independently once the underlying assessment was quashed. The relief was therefore granted to the assessee.
AI TextQuick Glance (AI)Headnote
Business nexus of compulsory fixed-deposit interest supports deduction under section 80-IB(11); minor interest additions deleted.
Interest on fixed deposits compulsorily maintained under subsidy conditions was treated as business income because the deposits had a direct nexus with the assessee's business and were not voluntary investments. On that basis, the interest was regarded as part of the profits eligible for deduction under section 80-IB(11). The small savings-account interest was deleted because the assessee did not maintain such an account, and interest on income-tax refund was also deleted since no deduction had been claimed against it.
AI TextQuick Glance (AI)Headnote
Fair market value of unquoted shares must exclude unrealizable assets where distress auction price better reflects economic substance
For valuing unquoted shares under Section 50CA read with Rule 11UA in an NCLT-supervised liquidation auction, unrealizable assets, doubtful receivables and items not conferring beneficial ownership were held to be excluded from fair market value. The adoption of book values without testing recoverability or economic substance was treated as a mechanical approach that distorted value. In the factual setting of a distress auction, the contemporaneous auction price was accepted as the more reliable indicator of fair market value, and the deemed consideration was recomputed accordingly for capital gains purposes.
AI TextQuick Glance (AI)Headnote
Incidental trust property income remains exempt when tied to education and relief objects and used for charitable purposes.
Receipts from letting a trust's hall and auditorium were treated as incidental to its charitable objects, not as business income, because the trust was engaged predominantly in education and relief-oriented activities and the income was applied to charitable purposes. The quantum of such receipts alone was held insufficient to establish a commercial activity or an independent profit motive. The Revenue's reliance on the proviso to section 2(15) was rejected because the trust fell within the primary charitable limbs rather than the residuary category of general public utility. On that basis, section 11(4A) and the proviso to section 2(15) were held inapplicable and exemption under section 11 was allowed.
AI TextQuick Glance (AI)Headnote
Unconditional concession and reasoned order requirements under PMLA: reservation of liberty did not waive the appeal challenge.
A reservation of liberty to seek relief before another forum did not amount to an unconditional concession abandoning the challenge to retention of the cash amount. The Delhi HC noted that the statement before the Tribunal preserved the appellants' challenge and did not dispense with merits adjudication. Under Section 26 of the Prevention of Money Laundering Act, 2002, the appellate authority was required to pass a reasoned, speaking order, consistent with natural justice. As the appeals had not been validly abandoned, the Tribunal could not dispose of them without such an order. The impugned order was set aside and the appeals were restored for fresh adjudication.
AI TextQuick Glance (AI)Headnote
Prospective operation of section 12AB(4) limited cancellation of charitable registration; vague notice and mere irregularities were insufficient.
Section 12AB(4) applies prospectively from 1 April 2022, so cancellation of charitable registration could not be sustained for earlier assessment years. Alleged benefit to specified persons and other financial irregularities did not, by themselves, justify withdrawal where the trust's charitable activities remained genuine and the registration conditions were not shown to have been breached. The show-cause notices were also vulnerable because they did not specify the precise limb of the statutory explanation relied on, creating vagueness and jurisdictional infirmity. On these grounds, the cancellation was held unsustainable and the registration was restored for the relevant years.
AI TextQuick Glance (AI)Headnote
Vague penalty notice under section 270A invalid where it fails to specify the exact charge and cannot sustain the order.
A penalty notice under section 270A must specify the precise limb or sub-clause invoked so the assessee knows the exact charge. Where the notice is vague and does not identify the particular basis of penalty, it is treated as a foundational defect that cannot sustain the proceedings. Applying that principle, the Tribunal held the defective notice legally unsustainable and quashed both the initiation notice and the consequential penalty order as void ab initio in favour of the assessee.
AI TextQuick Glance (AI)Headnote
Reasoned GST registration cancellation is mandatory; procedural defects can justify quashing despite delayed writ filing.
GST registration cancellation must comply with the CGST notice-and-order procedure, with the authority giving clear notice of the default period, an opportunity to respond, and a reasoned speaking order in the prescribed form. Because cancellation carries adverse civil consequences, a bare reference to the statutory ground without recorded reasons was treated as procedurally defective and unsustainable. A delayed writ approach did not defeat relief where the cancellation order itself was legally infirm and affected the taxpayer's ability to carry on business. The impugned cancellation was quashed, the matter was remitted to the show-cause stage, and the taxpayer was allowed to respond and regularise compliance.
AI TextQuick Glance (AI)Headnote
Cheating requires dishonest intent at inception; a contractual payment dispute cannot be converted into criminal prosecution.
Allegations arising from a sub-contract within an insolvency and liquidation setting did not, on the face of the FIR, disclose cheating because dishonest or fraudulent intention at the inception of the transaction was not shown. The dispute concerned unpaid dues, GST adjustments and account reconciliation, which the Court treated as a commercial and contractual controversy rather than a criminal offence. It reiterated that mere breach of contract or subsequent non-payment does not constitute cheating unless deception from the beginning is established. Criminal process cannot be used to coerce recovery of disputed commercial claims, and the FIR and consequential proceedings were liable to be quashed.
AI TextQuick Glance (AI)Headnote
Job-work valuation rule inapplicable to steel structures used in works contracts; penalty for undervaluation also failed.
Rule 10A(ii) of the Central Excise Valuation Rules did not apply to steel structures fabricated on job-work and consumed by a civil contractor in execution of a works contract, because the goods were not transferred for subsequent sale by a principal manufacturer and were not intended for resale. The invoices were proper Central Excise invoices, and the factual matrix showed consumption in the contract work rather than ordinary trade. In the absence of evidence of planned evasion or knowing involvement in undervaluation, penalty under Rule 26 of the Central Excise Rules was also not sustainable. Relief was granted to the assessee.
AI TextQuick Glance (AI)Headnote
Omission of a fiscal rule without a saving clause extinguishes pending refund recovery proceedings founded solely on that rule.
Where an IGST refund recovery proceeding rested solely on alleged breach of Rule 96(10) of the CGST Rules, the omission of that rule without any saving clause meant the adjudication could not continue. The Court applied the principle that omission of a rule does not attract Section 6 of the General Clauses Act, 1897 in the same way as repeal of a Central Act or regulation, so pending proceedings founded exclusively on the omitted rule lapse. The recovery order was therefore unsustainable and was quashed, with consequential relief granted.
AI TextQuick Glance (AI)Headnote
TDS prosecution under section 276B survives quashing challenge where notice was served and procedural objections remained triable issues.
Alleged wilful failure to deduct or remit TDS under section 276B was not quashed in inherent jurisdiction because notice had been issued and served, and the applicants did not comply with the requirement to appear before the authority. The court treated objections on limitation, procedural non-compliance, actual service, and delay in trial as triable factual disputes rather than grounds for quashing at the threshold. The statutory scheme under sections 201(1A), 221(1), 276B and 279(1) was considered sufficient to sustain the prosecution, and the offence remained compoundable, though no settlement had been reached.
AI TextQuick Glance (AI)Headnote
Section 43B deduction for GST payment turns on actual payment before the return due date, subject to verification.
GST liability is deductible under section 43B when actual payment is made before the due date for filing the return, and the audit report entry showing the amount as outstanding is not ative on that point. The decisive factor is the payment date, so a return-processing adjustment cannot stand if the liability is verified as having been deposited in time. The matter therefore depends on evidence of payment, which the assessee must produce for verification by the Assessing Officer; if confirmed, the disallowance is to be deleted.
AI TextQuick Glance (AI)Headnote
Limitation on section 148 notice led to quashing of reassessment as void ab initio under the post-Ashish Agarwal regime.
The ITAT Delhi held that the second notice issued under section 148 was barred by limitation under the post-Ashish Agarwal regime, as the notice was issued beyond the surviving time period and the Revenue did not dispute the sequence of events. Relying on Ram Balram Buildhome and Ashish Agarwal, the Tribunal found the reassessment founded on that notice unsustainable and quashed it as bad in law and void ab initio. The appeal was partly allowed, and the merits were left open as academic.
AI TextQuick Glance (AI)Headnote
Obsolete software write-offs, genuine donation claims and warranty provisions were upheld; bad debt deduction needed further verification.
Obsolete software licences were treated as allowable revenue write-off where they had lost utility in the business, and the disallowance was deleted. Section 80G deduction could not be refused merely for technical defects in donation receipts when payments were made by cheque or RTGS and the donations were otherwise genuine. Ad hoc disallowance of trade payables was impermissible without specific adverse material. Guarantee charges and royalty or technical service fees were held allowable, with the latter requiring transfer pricing examination rather than unilateral disallowance. A scientifically estimated warranty provision was allowed, while the bad debt claim was remitted for verification of statutory conditions.

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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