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Case Laws
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AI Text Quick Glance by AI Headnote
AI TextQuick Glance (AI)Headnote
Bogus purchases confined to profit element where sales are accepted and no further incriminating material supports full addition.
Where alleged bogus purchases are not supported by delivery evidence and the supplier transaction is unproved, but the corresponding sales are accepted and the goods are shown to have been sold onward, the addition is ordinarily confined to the embedded profit element rather than the full purchase value. On those facts, the Tribunal deleted the impugned addition because the assessee had already voluntarily offered 12.5% of the disputed purchases and no further material justified a higher addition. The separate challenge to penalty proceedings under section 271(1)(c) was dismissed as premature because no final penalty determination had yet been made.
AI TextQuick Glance (AI)Headnote
Wrong tax section citation does not vitiate addition, but unexplained credit or expenditure must still be proved on facts
A mere wrong invocation of section 68 instead of section 69C did not, by itself, invalidate the addition where the assessee was informed of the factual basis and no prejudice was shown; section 292B protected the proceedings from such technical defect. On merits, the amount could not be sustained without proper proof that it was a fresh credit or unexplained expenditure, as the material indicated a cheque issued towards interest liability in a running loan account rather than a new unexplained inflow. The substantive tax issue was therefore remitted for limited factual verification.
AI TextQuick Glance (AI)Headnote
Bogus turnover addition requires corroborative evidence linking transactions to the assessee; GST data alone is insufficient.
An addition treating alleged bogus turnover as unaccounted sales cannot stand without independent and corroborative material linking the impugned transactions to the assessee. The ITAT found that the Revenue relied only on GST information, while no inquiry established a nexus with the assessee's bank account or business activity, and the possibility of PAN misuse for GST registration was not rebutted. In the absence of proof that the sales were actually carried out by the assessee, the estimated profit addition at 8% was not sustainable. The deletion of the addition was upheld.
AI TextQuick Glance (AI)Headnote
Deduction for interest from co-operative bank investments allowed under section 80P(2)(d), as section 80P(4) does not override it.
A co-operative society is entitled to deduction under section 80P(2)(d) on interest earned from investment with a co-operative bank, because a co-operative bank is treated as a co-operative society for that clause. The exclusion in section 80P(4) does not, by itself, withdraw the deduction where section 80P(2)(d) has not been correspondingly amended. Following the binding High Court view, the interest income remained eligible for deduction and the disallowance was set aside.
AI TextQuick Glance (AI)Headnote
Customs recovery demands require valid notice, timely adjudication, and strict adherence to the scope of the initiating notice.
Customs recovery proceedings require a valid show cause notice under Section 28, because the notice must clearly set out the case and give the noticee a fair opportunity to defend; a bare demand is insufficient. Adjudication must also occur within a reasonable time, since an inordinate delay can prejudice the defence, especially where records are unavailable and witnesses have retired. The adjudicating authority must remain within the scope of the initiating notice and cannot confirm a demand beyond the amount specified unless the notice is amended or supplemented. These requirements reflect mandatory compliance with natural justice in customs demand proceedings.
AI TextQuick Glance (AI)Headnote
Fraud classification requires disclosure of relied-upon material and reasons; undisclosed lender consensus could not sustain the order.
A fraud classification based on audit material and lender consensus cannot be sustained unless the borrower is given the relied-upon material and a meaningful opportunity to respond. Here, the show cause notice did not disclose the Joint Lenders Meeting material or the fact that a majority of lenders had reported fraud, so the borrowers were denied an effective defence. The impugned order also lacked independent reasons or findings, and later reliance on the FIR could not cure defects because it was not part of the notice or the challenged order. The notice and fraud declaration were therefore set aside for breach of natural justice and non-supply of material.
AI TextQuick Glance (AI)Headnote
Section 7 insolvency cannot be used to enforce a contract-linked repayment dispute arising from a quadripartite home-loan arrangement.
Section 7 of the Insolvency and Bankruptcy Code requires a financial debt and default, but the Code is not meant to enforce individual contractual claims or act as a recovery forum. Where loan disbursal was made directly to a builder under a quadripartite arrangement, and repayment, construction, delivery, refund and transfer obligations were interlinked, the dispute was substantially contractual in nature. Because the matter was already tied to proceedings before the Debt Recovery Tribunal, the facts did not show a straightforward financial debt default justifying initiation of CIRP. On those facts, invocation of the insolvency process was impermissible and the challenge to the NCLAT order failed.
AI TextQuick Glance (AI)Headnote
Recall of Section 7 insolvency admission is limited to narrow grounds; third-party intervention and delayed challenge fail.
In a Section 7 insolvency proceeding, a third party has no locus standi to intervene or seek recall of the admission order after the statutory appellate remedy has expired. Recall is confined to narrow grounds such as patent lack of jurisdiction, fraud, collusion, non-service of a necessary party, or analogous fundamental procedural defects, and cannot be used as a substitute for review or appeal. A recall application filed more than two years after admission, without satisfactory explanation, was treated as barred by delay and laches. The objection based on the allottee threshold under the second and third provisos to Section 7 was not accepted, as the claim was treated as financial debt and the threshold was not shown to be applicable.
AI TextQuick Glance (AI)Headnote
Place of removal in FOR sales allows GTA credit where freight and insurance form part of assessable value.
In a FOR destination sale where freight and insurance are included in the assessable value, duty is paid on that composite value, and risk remains with the seller until delivery, the buyer's premises are treated as the place of removal. On those facts, outward GTA service used to transport the goods to the buyer's premises qualifies as input service, and credit on such service is admissible. The Department cannot accept the inclusive valuation for excise purposes and simultaneously deny credit on transportation up to the place of removal. The factual terms of sale, including transfer of title, risk, freight, insurance, and completion of sale, determine the place of removal.
AI TextQuick Glance (AI)Headnote
Pre-arrest bail for alleged dishonoured cheques remains undecided, with tax information sought and a fresh bail order directed.
Pre-arrest bail concerning alleged dishonoured cheques and monetary transactions remains undecided. The assessment involves the volume and pattern of account transactions, the absence of clear disclosure of their nature and source, and the petitioner's past record. The observations on those matters are prima facie. Tax authorities are to furnish information, and the District Court is to pass a fresh bail order.
AI TextQuick Glance (AI)Headnote
Ticket resale value remains outside tour operator service taxation where booking is trading without airline commission or additional services.
Purchase and resale of air or train tickets by a tour operator, where no airline commission is received and no additional ticket-booking activity is performed, constitutes trading rather than taxable tour operator service. Accordingly, ticket sale proceeds and the margin earned on booking and resale do not form part of the taxable value of tour operator service. A prior final determination between the same parties on materially identical transactions supports consistent treatment where no factual distinction is established.
AI TextQuick Glance (AI)Headnote
Project-specific anti-profiteering calculation requires comparing actual GST credits with pre-GST entitlements and allocating verified savings across saleable area before recalculation.
Section 171 of the CGST Act requires tax savings and input tax credit benefits to be passed to buyers through a commensurate reduction in prices. For real-estate projects, non-uniform input tax credit accrual and buyer collections require a project-specific anti-profiteering calculation: actual GST credit on post-GST procurements must be compared with credit available on those procurements under the pre-GST regime, and resulting savings allocated over total saleable area. The existing computation requires recalculation using this methodology after verification of the developer's material, including its affidavit, and the complainant's grievance concerning benefits received.
AI TextQuick Glance (AI)Headnote
Amended GST appeal pre-deposit requirement receives interim exemption pending determination of its application to earlier show-cause notices.
The amended pre-deposit requirement for GST appeals raises an unresolved question of temporal application where the show-cause notice predates the amendment. The issue concerns whether the vested right of appeal preserves the earlier pre-deposit position; a subsequent precedent on appellate stay may also bear on that question. Pending affidavits and final adjudication, interim protection permitted a timely appeal to be entertained without the 10% pre-deposit.
AI TextQuick Glance (AI)Headnote
Customs transaction value remains valid unless objective doubt exists; post-import technology payments require a sale-condition nexus for inclusion.
Customs transaction value may be rejected only where objective reasons create reasonable doubt about its truth or accuracy; non-disclosure of an exporter's suggested list price, without evidence of abnormal or relationship-influenced pricing, is insufficient. Valuation must then follow the prescribed sequential methods, and the residual method cannot rely on the exporter's domestic-market price. Royalty and licence-related payments are includible only if they relate to imported goods and are a condition of sale. Payments for post-import manufacturing technology or know-how, where parts may be sourced independently, are excluded. Unpaid management fees cannot be added notionally without support.
AI TextQuick Glance (AI)Headnote
Related-party import valuation requires deductive residual valuation where undisclosed funding discounts undermine transaction value, with limited permissible deductions.
Related-party import values derived through undisclosed funding discounts were rejected, requiring redetermination under deductive-value principles through the residual method where comparable unrelated imports were unavailable. Only import-time discounts were deductible; retrospective or contingent discounts and embedded warranty costs were excluded, while customs duty, brokerage and fees were deductible without separately adding freight and insurance to a fully delivered price. SRFR products could receive corresponding regular-product discounts plus the SRFR discount, and CLCP could not replace statutory MRP for assessment. SAD exemption was unavailable, and extended limitation applied for non-disclosure; however, interest and penalties were confined to the BCD component. Customs-duty deduction was upheld subject to verification of the deducted quantum.
AI TextQuick Glance (AI)Headnote
Release of detained vehicles pending verification requires a personal security bond matching the assessed vehicle value.
A vehicle detained during transport of goods may be released pending verification under the detention framework in Section 129 upon adequate security for its assessed value. The stated approach requires release to the petitioner on execution of a personal security bond equal to the vehicle value determined by the concerned Road Transport Authority, while statutory proceedings continue.
AI TextQuick Glance (AI)Headnote
Signed GST assessment orders are mandatory; an unsigned DRC-07 is invalid, ineffective for service, and requires fresh assessment proceedings.
An unsigned GST summary assessment order in FORM GST DRC-07 is invalid because Rule 26(3) of the CGST Rules requires notices and orders to bear the assessing officer's signature. Sections 160 and 169 of the CGST Act do not cure the absence of a signature, and an unsigned proceeding is not duly served. As no effective service occurs, delay in challenging the unsigned order does not bar relief. The assessment summary cannot operate unless a fresh assessment follows notice and issuance of a duly signed order, with the intervening period excluded for limitation purposes.
AI TextQuick Glance (AI)Headnote
Deemed withdrawal of non-filing assessments bars recovery once returns are filed and all applicable dues are paid.
An assessment order for non-filing of returns, together with its summary, is deemed withdrawn when the taxpayer subsequently furnishes the relevant returns and pays the applicable tax, interest and late fee. Where the revenue authorities confirm filing of the returns and that no dues remain payable, recovery based on the earlier assessment is impermissible. Any consequential garnishee attachment founded on that recovery demand must therefore be set aside.
AI TextQuick Glance (AI)Headnote
Foreign Tax Credit remains available despite delayed Form 67 filing, subject to verification of substantive eligibility.
Foreign Tax Credit cannot be denied solely because Form 67 was furnished after the return-filing due date. Rule 128(9) does not prescribe denial of credit as a consequence of delayed filing, making the timing requirement directory rather than mandatory. A technical or venial procedural default cannot defeat substantive entitlement to credit under section 90 where no adverse consequence is specified. Where Form 67 is available on record, the assessing authority must verify the underlying eligibility and determine entitlement in accordance with law.
AI TextQuick Glance (AI)Headnote
CAMPA fund payments for forest diversion are not declared services, so service tax cannot apply.
A compulsory payment into the CAMPA fund made under statutory forest-clearance requirements for diversion of forest land does not constitute a declared service under section 66E(e) of the Finance Act, 1994. The payment was collected by operation of law to compensate for ecological loss and meet conservation obligations, not under any consensual arrangement to tolerate an act or situation, so the essential element of consideration for service tax was absent. Service tax could not therefore be levied on such compensatory statutory payments, and the demand, interest and penalty were unsustainable.

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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