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Case Laws
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AI Text Quick Glance by AI Headnote
AI TextQuick Glance (AI)Headnote
National Litigation Policy bars departmental appeal below the prescribed monetary limit, leading to dismissal without merits
The CESTAT noted that the revenue appeal involved an amount below the Rs. 50 lakh monetary limit prescribed in Board Instruction F.No.390/Misc./116/2017-JC dated 22 August 2019. Applying the National Litigation Policy, it dismissed the appeal on maintainability grounds without entering the merits of the excise dispute. The operative point is that departmental appeals falling below the notified threshold are not to be pursued, and the litigation is disposed of accordingly.
Quick Glance (AI)Headnote
Quashing of criminal prosecution: invalid sanction, delay in trial, and departmental exoneration were not treated as grounds to end proceedings.
A petition to quash criminal proceedings under Section 482 CrPC was rejected where the challenge to sanction on the ground of non-application of mind was held to be a matter for trial, and neither delay in the criminal trial nor departmental exoneration was treated as a ground to terminate the prosecution. The text also notes that exemption applications were allowed, leave was granted, and the interim order was directed to continue.
AI TextQuick Glance (AI)Headnote
Existing prosecution sanction defects require trial-stage examination, while prior Companies Act investigations survive repeal and limitation needs evidence.
Existing prosecution sanction alleged to be defective, unlike complete absence of sanction, is generally examined during trial and does not justify quashing at the threshold. A copy of the sanction order must be supplied because it is material to an effective defence and its non-supply may cause prejudice. Limitation cannot ordinarily be resolved at the preliminary stage where evidence is required to determine whether conduct was continuing or isolated; delayed cognizance may also be permitted where justified. Investigations ordered under the Companies Act, 1956 before the repeal provision took effect remain preserved, along with related sanctions and proceedings.
AI TextQuick Glance (AI)Headnote
Post-conviction settlement cannot reopen a final cheque-dishonour conviction through inherent jurisdiction after merits-based revision has concluded.
Post-conviction settlement cannot support compounding of a cheque-dishonour offence once a merits-based revision has finally affirmed the conviction and sentence. Inherent jurisdiction under Section 482 CrPC and Section 528 BNSS does not permit review, alteration, or nullification of a final judgment of a co-ordinate Bench. After final disposal, the Court is functus officio except to correct clerical or arithmetical errors. A later settlement therefore does not revive the concluded proceeding, leaving the final conviction and sentence unaffected.
AI TextQuick Glance (AI)Headnote
Corporate guarantee, bad debts and lease rentals: transfer pricing and tax deductibility principles applied by ITAT.
Corporate guarantee given to an associated enterprise is treated as a distinct international transaction requiring arm's length benchmarking, and the adoption of a 1% guarantee fee was upheld on the basis of internal comparables and jurisdictional precedent. Bad debt deduction depends on actual write-off in the accounts after the amendment to section 36(1)(vii); the disallowance was deleted because irrecoverability need not be separately proved. For leased assets, the principal component of EMI paid by a lessee remains allowable as revenue expenditure where ownership does not pass to the lessee, and the book treatment as a finance lease does not control the tax result.
AI TextQuick Glance (AI)Headnote
Premium receipt before accident fixes insurer risk date, so later policy commencement cannot defeat liability.
Where premium was received before the accident, the insurer assumed risk from the date of receipt under Section 64-VB(2) of the Insurance Act, 1938, and could not avoid liability by relying only on a later policy commencement date. The court drew an adverse inference against the insurer because it did not examine the agent who handled the transaction, despite the agent being the best witness on whether the payment was an advance deposit or premium for the vehicle. The insurer was held liable to satisfy the award, and the challenge to the compensation order failed.
AI TextQuick Glance (AI)Headnote
Reassessment jurisdiction fails on wrong PAN and ignored pre-notice reply; unexplained cash and FDR additions also deleted.
Reassessment under the pre-notice procedure was held jurisdictionally invalid where the section 148 notice was issued on an incorrect PAN and the assessee's section 148A(b) reply, including disclosure of the correct PAN, was not meaningfully considered. The statutory requirements of prior inquiry, consideration of reply, and reasoned satisfaction before notice under section 148 were treated as mandatory, so the defect went to jurisdiction. On merits, additions for cash deposits and FDRs were deleted because the assessee explained the source as business receipts and renewal of earlier deposits, the Revenue did not rebut that explanation, and double taxation of the same funds as separate unexplained items was impermissible.
AI TextQuick Glance (AI)Headnote
Allotment date governs capital gains holding period and section 56(2)(x) valuation where enforceable rights and paid consideration exist.
Additional evidence before the appellate authority was treated as admissible where it had already been examined in remand proceedings and went to the root of the dispute; the objection to admission failed. For section 56(2)(x), the allotment date could be relevant where enforceable rights arose and substantial consideration was paid through banking channels, but the stamp duty value as on that date required limited factual verification; the addition was therefore not finally sustained. On capital gains, the holding period was counted from the allotment date, not the registration date, so the transfer was taxable as long-term capital gain and not short-term capital gain.
AI TextQuick Glance (AI)Headnote
Reassessment invalid where reopening lacked factual basis, third-party material was untested, and natural justice safeguards were breached.
Reassessment under sections 147 and 148 was held unsustainable where the reopening rested on an incorrect factual premise, lacked any live nexus with the assessee, and was unsupported by tangible material connecting the assessee to the alleged cash transaction. The section 69 addition for alleged cash over and above recorded consideration also failed because it was based on un-confronted third-party material, while banking records, allotment documents and loan disbursement evidence supported recorded payment. The reassessment was further vitiated by want of mandatory approval and breach of natural justice, as adverse material was not supplied for rebuttal. The reassessment order and related addition were therefore not sustained.
AI TextQuick Glance (AI)Headnote
Resolution plan extinguishes pre-date tax claims, while clean-slate objections do not bar carry forward of losses.
An approved resolution plan under the Insolvency and Bankruptcy Code can extinguish pre-effective-date income-tax claims where the plan expressly settles all prior claims, liabilities, demands and dues and no income-tax claim was submitted in the resolution process. On that basis, pre-effective-date additions could not support an enforceable tax demand against the assessee. A separate clean-slate objection was not accepted to deny carry forward of losses, because the loss issue was treated as relevant to the resolution process and had not been raised before the resolution forum. The commentary notes relief to the assessee on the substantive tax issue and rejection of the Revenue's contrary position.
AI TextQuick Glance (AI)Headnote
Bank credits used for client tax remittances were not unexplained money where records showed matching debits and conduit activity.
Cash deposits in the assessee's bank accounts were held not to be unexplained money under section 69A where bank statements, challans and an affidavit showed the amounts were collected from clients only to remit their statutory tax dues. Matching debits in the accounts corresponded to payments made to government authorities, supporting the finding that the assessee acted merely as a conduit and that the deposits were not its own income. The addition treating the credits as unexplained was therefore deleted.
AI TextQuick Glance (AI)Headnote
Interest under Sections 234A, 234B and 234C required fresh verification of tax payments and dates before final computation.
Interest computation under Sections 234A, 234B and 234C required fresh factual verification of advance tax payments, dividend income, filing dates and self-assessment tax payments. The record did not permit final affirmation of the higher interest figure without examining the statutory framework and the CBDT circular relied on for Section 234A. The entire interest controversy was therefore restored to the jurisdictional Assessing Officer for de novo adjudication, with the demand neither finally sustained nor deleted on merits and only partial relief granted at that stage.
AI TextQuick Glance (AI)Headnote
Reimbursable expenditure and common CENVAT credit rules: valuation limits, proportionate reversal, and extended limitation for suppression.
Reimbursable expenditure could not be added to the taxable value for reverse-charge service tax on legal, professional and GTA services for the relevant period, because the valuation basis relied on was not yet applicable; the demand on that component was therefore unsustainable. Where common input services were used for both taxable franchise service and exempted trading activity, full CENVAT credit was not admissible in the absence of proper separate accounts, and proportionate reversal was required. Deliberate failure to segregate credit attributable to exempted activity was treated as suppression of material facts, supporting invocation of the extended limitation period and consequential penalties.
AI TextQuick Glance (AI)Headnote
Extended limitation for CENVAT credit demands requires strict proof of suppression or intent to evade; disclosure in returns defeats invocation.
Extended limitation under section 11A(4) of the Central Excise Act could not be invoked for recovery of allegedly inadmissible CENVAT credit because the notice did not allege suppression in the ER-1 returns and the credit had been disclosed in returns filed from time to time. The statutory requirements of fraud, collusion, wilful misstatement, suppression of facts, or contravention with intent to evade duty must be strictly established; mere self-assessment or detection during audit is insufficient. Reliance on self-assessment and alleged non-disclosure, without addressing the actual allegations in the notice, was inconsistent with the legal threshold for the extended period.
AI TextQuick Glance (AI)Headnote
Ultra vires excise rule leaves demand, interest and penalty unsustainable after finality of the High Court ruling.
Rule 8(3A) of the Central Excise Rules, 2002, which required duty payment on a consignment-to-consignment basis, had already been declared ultra vires by the High Court, and the Revenue's challenge before the Supreme Court was not pressed. That left the High Court ruling undisturbed and treated as final. Applying its earlier decisions, the Tribunal held that a demand founded on that provision could not survive, and the associated interest and penalty were also unsustainable.
AI TextQuick Glance (AI)Headnote
Statutory appeal and audit-based reassessment can bar writ relief where natural justice and jurisdiction objections fail.
An efficacious statutory appeal ordinarily bars writ jurisdiction under Article 226, and the recognised exceptions are violation of fundamental rights, breach of natural justice, lack of jurisdiction, or challenge to vires. On the facts, the taxpayer had notice, time to respond, an extended opportunity for reply, and a personal hearing, so no material denial of natural justice was shown; the writ petition was therefore not maintainable. After audit under Section 65, the statute permits the proper officer to initiate action where tax is found unpaid, short paid, refunded erroneously, or input tax credit is wrongly availed or utilised. The jurisdictional challenge to proceedings under Section 73 accordingly failed, and the statutory appellate remedy remained available.
AI TextQuick Glance (AI)Headnote
Low tax effect circular exception: organised tax evasion allegations require merits review, not summary dismissal
Low tax effect instructions do not bar an appeal where the record indicates organised tax evasion. The Delhi High Court read clause (h) of the CBDT circular broadly, treating references to bogus capital gains or losses through penny stocks and accommodation entries as illustrative rather than exhaustive. On that approach, allegations of false or fictitious share transactions may fall within the circular's exception. The Tribunal therefore could not dismiss the Revenue's appeal solely on low tax effect without examining the merits, and the matter had to be heard on merits.
AI TextQuick Glance (AI)Headnote
Refund adjustment against unenforceable tax demand quashed where no assessment order or demand notice was served.
Where no assessment order or demand notice was available and served, a tax demand shown only on the portal could not be treated as legally enforceable. The court held that, in the absence of a valid assessment order and service of demand notice, the consequential adjustment of refund had no legal foundation. The intimations issued under section 245 of the Income-tax Act were therefore quashed, the outstanding demand entry was directed to be deleted, and the amount adjusted from the refund was ordered to be returned with applicable interest.
AI TextQuick Glance (AI)Headnote
Finality of earlier review dismissal bars reopening the same challenge for identically situated parties.
Earlier review petitions arising from the same judgment had already been dismissed on delay and on merits, and the Court declined to reopen the issue for identically situated petitioners. It held that, after such prior disposal, reconsideration of the same challenge would be improper. The present review petitions were therefore not entertained and were dismissed.
Quick Glance (AI)Headnote
Terminal excise duty exemption for international competitive bidding supplies requires refund where duty was paid and eligibility is admitted.
Supplies made against international competitive bidding were entitled to exemption from terminal excise duty. Refund of duty already paid could not be denied where the exemption eligibility was admitted. The Special Leave Petition was dismissed, and the petitioner was granted eight weeks to refund the amount to the respondent.

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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