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Case Laws
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AI Text Quick Glance by AI Headnote
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Essential function test for relay classification, with exemption tied to proved contact rating and related penalties set aside.
Imported goods were treated as relays under CTI 8536 49 00 because their essential function was control, protection and supervision of electrical systems, while monitoring features were merely ancillary; the residual classification under CTI 8536 90 90 was rejected. Goods with a contact rating of 5 amperes met the exemption condition for relays up to 7 amperes under Notification No. 12/2012, so the three non-MICOM products qualified for exemption, while MICOM relays did not because their rating exceeded the limit. As the classification and exemption issues were resolved on the record, the related penalties under the Customs Act were set aside.
2026 (5) TMI 1168 - SC Order Money Laundering
AI TextQuick Glance (AI)Headnote
PMLA bail relief granted after co-accused bail, advanced age, and prolonged custody were considered.
Bail under the Prevention of Money Laundering Act, 2002 was extended after the Court considered that co-accused had already obtained bail, the accused was of advanced age, and he had remained in custody for more than two years. Those factors justified grant of bail, and the impugned order was set aside.
AI TextQuick Glance (AI)Headnote
Electricity charges and transformer recoveries treated as non-taxable sale and reimbursement, defeating service tax liability.
Electricity charges separately billed on actual consumption were treated as a sale of goods, so they fell outside the taxable value of Management, Maintenance or Repair Service. Transformer installation recoveries were likewise excluded because the amounts were less than actual cost and were merely reimbursed as conduit expenses connected with electricity supply. On that reasoning, service tax on both components was unsustainable, and the connected penalty could not survive.
AI TextQuick Glance (AI)Headnote
Statutory notice and presumptions under the Negotiable Instruments Act failed where debt and service were not proved.
Service of statutory notice under the Negotiable Instruments Act was not proved where the notice was returned with an endorsement of absence and the evidence did not show deliberate avoidance or further effective steps to secure service. In a Section 138 prosecution, the complainant must first establish foundational facts before the presumptions under Sections 118 and 139 arise, and the drawer may rebut them on a preponderance of probabilities. The court found that the alleged loan was not proved with specificity, no supporting agreement was produced, payment of the loan amount was not satisfactorily shown, and the surrounding circumstances supported the defence version that the cheques related to business dealings rather than a legally enforceable debt. The presumption was therefore rebutted and the acquittal remained undisturbed.
AI TextQuick Glance (AI)Headnote
GST registration restoration after return filing and tax payment may be considered under the statutory cancellation procedure.
GST registration cancelled for non-filing of returns may be restored where the registered person subsequently files all pending returns and pays the tax dues together with applicable interest and late fee. The procedural framework allows the proper officer to drop cancellation proceedings once compliance is made and to pass the prescribed order. On that basis, the petitioner was permitted to seek restoration, and the competent authority was directed to examine the application and restore registration in accordance with law.
AI TextQuick Glance (AI)Headnote
Release of detained perishable goods follows payment under GST detention rules when ownership is not prima facie disputed.
Perishable goods detained in transit could be released on payment of the amount payable under the goods and services tax detention provision. The revenue had not produced concrete material to show that the petitioner was not the owner of the consignment, and the demand order did not record any such basis. In light of the statutory scheme governing detention and release of goods in transit, the court directed release of the detained consignment in favour of the petitioner on compliance with the amount payable under section 129(1)(a).
AI TextQuick Glance (AI)Headnote
Customer advances adjusted against taxable real estate sales cannot be treated as unexplained cash credits under accepted accounting treatment.
Customer advances received by a real estate developer in the ordinary course of business, consistently accounted for under the project completion method and adjusted against recorded sales, cannot be treated as unexplained cash credits where the related sales are offered to tax. Taxing such advances while accepting the corresponding sales and without rejecting the books would result in double taxation and selectively disturb an accounting treatment accepted in earlier years. The addition under section 68 was therefore deleted, and the appellate order was set aside.
AI TextQuick Glance (AI)Headnote
Commercial expediency and joint guarantee risk justified limiting guarantee commission and allowing borrowed-capital interest deductions.
Arm's length guarantee commission on a corporate guarantee jointly extended with a subsidiary was rightly restricted to 0.25% in the assessee's hands, because the transfer pricing rate of 0.5% was found to reflect equal sharing of the guarantee risk between both guarantors. Proportionate interest on borrowings was also not disallowable in respect of loans advanced to group entities, as the advances were made in the course of the assessee's real estate business for commercial expediency, including project needs, group financial stress, litigation, and delay. The absence of interest income from those advances did not by itself justify disallowance. The appellate relief on both issues was sustained.
AI TextQuick Glance (AI)Headnote
Perquisite taxation under section 17(2) failed without employer-employee nexus, and revision under section 263 was unjustified.
Section 263 revision could not be sustained where the reassessment order was not shown to be erroneous or prejudicial merely because a different tax view was possible. Jewellery purchase expenditure found during search was treated as having been incurred by the company from unaccounted cash generated through bogus billing, and the record did not establish any employer-employee relationship necessary to tax the amount as a perquisite under section 17(2). On those facts, addition in the assessee's hands under section 17(2) was unjustified and revision was not warranted.
AI TextQuick Glance (AI)Headnote
Depreciation on non-compete fees allowed as an intangible asset under the Income-tax Act.
Depreciation under section 32(1)(ii) of the Income-tax Act, 1961 was allowable on non-compete fees capitalised as an intangible asset. The assessee had treated the non-compete payment as part of business purchase arrangements and had consistently claimed depreciation on its written down value in earlier years. The same issue had already been decided in the assessee's favour for prior assessment years, and that reasoning was applied again for the years in question. On that basis, the claim for depreciation on the non-compete fee was allowed.
AI TextQuick Glance (AI)Headnote
Third-party search material requires section 153C first; reassessment under general provisions was held without jurisdiction
Reassessment based solely on search material relating to a third party must proceed under the special search-related mechanism in section 153C, not the general reassessment route under sections 147/148, unless the statutory satisfaction requirement is first met and independent post-search material exists. On the facts described, the reassessment was held without jurisdiction because the material came exclusively from a search on another person and the required satisfaction note was absent, so the reassessment orders were quashed. The separate objection of borrowed satisfaction from investigation material was noted, but it did not affect the result once the jurisdictional defect under section 153C was established.
AI TextQuick Glance (AI)Headnote
Provisional release of seized goods must await completion of certification proceedings, after which customs must decide by reasoned order.
Where seized goods are subject to a pending certification proceeding before the jurisdictional Magistrate, the customs authority should not decide the provisional release request under Section 110A in isolation. The Magistrate is to conclude the certification proceeding within a fixed time, after which the customs authority must consider the release application and pass a reasoned order in accordance with law. Immediate final relief on merits is not granted at that stage, but the applicant retains liberty to challenge any adverse order before the appropriate forum.
AI TextQuick Glance (AI)Headnote
CIRP appeals by a corporate debtor are incompetent after limitation, and substitution by amendment cannot cure the defect.
Appeals filed in the name of a corporate debtor after commencement of CIRP were treated as incompetent where they were lodged beyond the limitation period under Section 61(2) of the Insolvency and Bankruptcy Code, 2016. The Tribunal stated that such a filing is not a mere curable defect and cannot be regularised later by substituting the suspended director as appellant through amendment. It also noted that the Supreme Court's declaration on the issue is binding under Article 141 of the Constitution, and earlier orders allowing amendments in other matters could not override that binding position. The amendment applications were therefore rejected and the appeals remained not maintainable.
AI TextQuick Glance (AI)Headnote
Deemed consent under SICA fails where the State expressly withholds consent, defeating Entry Tax exemption under the scheme.
Deemed consent under Section 19(2) of SICA arises only where no response is communicated within the prescribed time; an express statement by the State's representative that there was no policy to grant relief amounted to non-consent, so the sanctioned scheme SS-08 was not binding on the State for the disputed Entry Tax exemption. The earlier order disposing of the enforcement application was final and the scheme was time-bound up to 2014, so no exemption could be claimed after that disposal. The later notification did not revive an unavailable claim, and the request for exemption before the NCLT was unsustainable.
AI TextQuick Glance (AI)Headnote
Regular bail in tax prosecution granted after substantial custody, part payment, and continuing asset attachment secured the claims.
Regular bail was granted in a tax prosecution arising under the Central Excise Act, the Finance Act and the CGST Act because the petitioners had already spent substantial time in custody, part payment had been made towards the alleged liability, and further incarceration was found to serve no useful purpose. The Court also noted that the pending attachment of movable and immovable assets would continue to secure the claims of investors and customers. Bail was made subject to furnishing bail bonds to the satisfaction of the Chief Judicial Magistrate, Hisar.
AI TextQuick Glance (AI)Headnote
Substantive export-related transport exemption cannot be denied for late forms, and penalties fail absent suppression or wilful misstatement
Transportation service tax demands were examined against the actual expenditure and prior tax discharge, and the demand was limited where the Revenue's computation was unsupported, tax had already been paid on some amounts, or export-linked transport qualified for exemption. The exemption notifications were treated as substantive in nature, so delayed filing of Forms EXP-1 and EXP-2 did not by itself defeat relief where the export nexus and material conditions were satisfied. Penalties were not sustained because the record did not show suppression, wilful misstatement, or mala fide intent to evade tax, although an uncontested limited demand for late payment remained undisturbed.
AI TextQuick Glance (AI)Headnote
Customs classification under Rule 2(a) failed where imported mobile phone parts lacked the essential character of complete handsets.
Rule 2(a) of the General Rules for Interpretation did not support classifying the imported consignments as complete mobile phones. The goods were found to have been imported in disassembled or unassembled condition, and the Chartered Engineer's reports showed that battery, camera, software, testing and other processes were still required before a finished handset could exist. On the record, the material did not establish that the imports possessed the essential character of complete mobile phones. In a classification dispute, the burden remained on the department to justify reclassification, and that burden was not discharged. The goods therefore remained classifiable as mobile phone parts rather than complete phones.
AI TextQuick Glance (AI)Headnote
Customs classification disputes require proof of suppression or wilful misstatement before extended limitation, penalty, or confiscation can stand.
In a customs classification dispute, the extended period of limitation cannot be invoked unless suppression of facts or wilful misstatement with intent to evade duty is specifically established. A mere difference of opinion on classification, or an error in self-assessment, does not by itself prove suppression, especially where the goods were physically examined and relevant particulars were disclosed. Penalty under section 114A fails when the foundation for extended limitation is absent, and confiscation under section 111(m) is not attracted merely because the importer adopted a different classification in the Bill of Entry. The duty demand, penalty, and confiscation were set aside.
AI TextQuick Glance (AI)Headnote
Sales-tax remission as capital receipt where incentives fund industrial investment, expansion and modernisation rather than trading profitability.
Sales-tax remission under the West Bengal Incentive Scheme, 1993 is characterised under the purpose test by the object of the subsidy rather than its mode of disbursement. Where remission is designed to induce fresh fixed-capital investment and support expansion and modernisation of industrial units in backward areas, rather than assist trading operations or profitability, it constitutes a capital receipt rather than a revenue receipt.
AI TextQuick Glance (AI)Headnote
Documented listed share sales cannot be treated as unexplained money without evidence disproving the transaction trail.
Documented share-sale transactions supported by contract notes, banking records, broker ledgers, demat evidence and capital-gain workings cannot be treated as unexplained money merely on allegations of a bogus penny-stock arrangement. Acquisition through a registered broker, holding for over twelve months, sale through a recognised stock exchange, and payment of securities transaction tax supported genuineness. Investigation information alone, without evidence of cash payments, unexplained deposits, links to entry operators or material disproving the transaction trail, was insufficient to sustain an addition under Section 69A. The addition of sale consideration was therefore deleted.

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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