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AI Text Quick Glance by AI Headnote
AI TextQuick Glance (AI)Headnote
Related-party import valuation: undeclared pricing methods justified rejection of transaction value and reworking under valuation rules.
Declared transaction value for related-party spare-part imports was rejected because multiple pricing methods and material pricing inputs were not fully disclosed to Customs. After rejection, assessable value had to be redetermined under the deductive method for listed parts and the computed method where no list price existed, and freight and insurance could not be added again. Trade discount, eligible selling and general expenses, and GPSC-related expenses were allowed as deductions. Interest and penalty on the CVD/SAD component were held unsustainable, confiscation based on an unnotified allegation was set aside, and personal penalties on employees were removed. The demand was held not barred by limitation because suppression and misdeclaration justified the extended period.
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Independent Section 174-A prosecution may still be quashed where the underlying cheque dispute is settled and withdrawn.
Even though proceedings under Section 174-A of the IPC are independent and may, in principle, continue after the proclamation ceases to operate, the High Court noted that compromise and withdrawal of the foundational Section 138 NI Act complaint remained relevant in deciding whether further prosecution served any useful purpose. Exercising inherent powers under Section 528 BNSS and Section 482 CrPC, it held that continuation of the FIR and connected proceedings would amount to abuse of process and would not advance the ends of justice. On that basis, the FIR under Section 174-A IPC and all consequential proceedings were quashed.
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Electronic receipt of DRP directions triggers section 144C(13) limitation, and the belated assessment order was quashed.
Electronic upload and email communication of DRP directions constituted receipt by the Assessing Officer for section 144C(13) limitation purposes, so the one-month period ran from the end of the month in which those directions were electronically made available. The physical receipt date could not extend the limitation once the directions had already been uploaded on the ITBA portal and emailed to the Assessing Officer. On that basis, the final assessment order dated 27.08.2024 was held time-barred and quashed.
AI TextQuick Glance (AI)Headnote
Cheque dishonour liability requires drawer status; a non-signatory joint account holder cannot face prosecution under Section 138.
For an offence under Section 138 of the Negotiable Instruments Act, prosecution lies against the drawer and signatory of the cheque, because the cheque must be drawn by the person sought to be prosecuted on an account maintained by that person. Section 141 provides limited vicarious liability for offences by companies and similar juristic entities, but it cannot be extended to two private individuals merely because they maintain a joint account or share a joint debt. A non-signatory joint account holder without a specific role could not be proceeded against under Section 138, and the summoning order was unsustainable.
AI TextQuick Glance (AI)Headnote
Reassessment limitation under section 149 barred revival of a time-barred notice, making the consequent reassessment invalid.
A reassessment notice for AY 2015-16 was time-barred because the six-year limitation under the unamended section 149 expired on 31.03.2022, while the notice was issued on 23.04.2022. The extended ten-year period under the amended regime could not be used to revive the notice, as the first proviso to section 149 prevents reopening where the notice was already barred under the earlier law. The notice under section 148 was therefore invalid, and the consequential reassessment could not survive and was quashed.
AI TextQuick Glance (AI)Headnote
Unexplained investment addition fails where registered sale deed and banked sources support declared property consideration.
Section 69 addition for alleged unexplained investment in immovable property was not sustainable where the registered sale deed recorded the purchase consideration, the source was explained through a joint housing loan and bank savings, and no independent material showed payment of any on-money. A valuation report obtained at the appellate stage was only an estimate and could not, by itself, rebut the declared consideration or displace the presumption of correctness attached to the registered document. The fact that the co-owner's assessment on the same transaction had accepted the declared investment also supported deletion of the addition, which was accordingly removed in favour of the assessee.
AI TextQuick Glance (AI)Headnote
Statutory appellate remedy barred writ scrutiny of GST appellate order; petitioner directed to approach the Tribunal
The writ petition was not entertained because an effective statutory appeal lay under Section 112 of the Central Goods and Services Tax Act, 2017 before the GST Appellate Tribunal. The Court declined to examine the challenge to the appellate order on merits, including the grievance that the suppliers had treated B2B supplies as B2C supplies or quoted the wrong GSTIN of the recipient, and left all questions of law and fact open for the Tribunal. The petitioner was given liberty to pursue the statutory appellate remedy on compliance with the prescribed pre-deposit, without any expression on the merits.
AI TextQuick Glance (AI)Headnote
TNMM comparables, depreciation adjustment, and section 143(1) processing were confined to reliable data and international transactions only.
Comparability under TNMM must rest on reliable, consistent financial data: MSL Driveline Systems Ltd. was excluded because its related party disclosures were contradictory and the RPT filter was breached. Bharat Gears Ltd. and JMT Auto Ltd. could not be excluded as persistent loss-makers on a profit-before-tax basis, since TNMM focuses on operating profit and both had profits in one relevant year. Depreciation differences may require adjustment where asset base and depreciation policy materially distort margins, so the issue was remitted for verification. Transfer pricing adjustment must be confined to international transactions with associated enterprises, and adjustments under section 143(1) could not survive after notice under section 143(2) had been issued.
Quick Glance (AI)Headnote
Tax evasion and money laundering proceedings in plot sales closed after authorities confirmed action was already underway.
Proceedings relating to alleged tax evasion and offences under the Prevention of Money Laundering Act, 2002 were sought in connection with the sale of more than 120 plots. The writ petition was closed after the State stated that action had already been initiated, including FIRs, attachment orders and a prosecution complaint, and that the authorities would continue in accordance with law.
AI TextQuick Glance (AI)Headnote
Third-party loose paper and search-linked reassessment rules defeated the addition and the regular scrutiny assessment.
Unexplained expenditure could not be added merely on the basis of an uncorroborated loose paper found from a third party, because the presumptions under sections 292C and 132(4A) operate only against the person from whose possession the material is seized and not against the assessee without independent corroboration; the addition was deleted. After a search under section 132 initiated on or after 01.04.2021, the prior-year assessment had to proceed through the reassessment framework under sections 147 to 148, with the approval contemplated by section 148B where applicable, and could not be completed under section 143(3); the assessment was quashed.
AI TextQuick Glance (AI)Headnote
Mandatory section 143(2) notice after return under section 148 makes reassessment invalid if omitted.
When a return is filed in response to notice under section 148, notice under section 143(2) is mandatory before completion of reassessment under sections 147 and 144B. The Assessing Officer acted on the return, but no section 143(2) notice was issued before framing the assessment. Applying binding jurisdictional precedent, the absence of that notice rendered the reassessment unsustainable, even where the return was treated as belated or no original return had been filed under section 139. The reassessment was therefore held invalid and void ab initio, and the addition made therein was quashed.
AI TextQuick Glance (AI)Headnote
Partner Capital Contribution and Unsecured Loan Verification: firm-level addition deleted, while loan issue was remanded for fresh examination.
Once a firm furnishes details of partners' capital contribution and the partners confirm the deposits, an addition for unexplained cash credit cannot be sustained in the firm's hands merely because the source is questioned; the inquiry lies at the partner's end. The addition on partner's capital contribution was therefore deleted. The unsecured-loan addition turned on verification of bank entries, actual receipt, and repayment with interest; as the factual position required lender-wise examination, the matter was remanded to the Assessing Officer for fresh verification.
AI TextQuick Glance (AI)Headnote
Section 80P deduction for co-operative society interest income from nationalised bank deposits upheld on consistent Tribunal view.
Interest earned by a co-operative society on deposits placed with nationalised banks was treated as income attributable to its business for deduction under section 80P(2) of the Income-tax Act, 1961. Following earlier coordinate bench decisions, the Tribunal accepted that deployment of surplus funds in banking instruments does not by itself remove the income from the scope of the deduction. The result was that the deduction was directed to be allowed on the interest income in question.
AI TextQuick Glance (AI)Headnote
Section 153A time-bar in search assessments renders an assessment invalid where the year falls outside the ten-year block period.
Section 153A search assessment for AY 2011-12 was held invalid because the year fell outside the ten-year block period computed from the end of the assessment year relevant to the search year, making the proceedings time-barred and beyond jurisdiction. Grounds framed by the Revenue with reference to Section 153C were treated as irrelevant to the impugned Section 153A proceedings and could not survive. The assessment was therefore unsustainable for want of jurisdiction, and the Revenue's appeal failed.
AI TextQuick Glance (AI)Headnote
Explained cash in hand defeated section 68 addition for demonetisation-period cash deposits.
Cash deposits made during the demonetisation period were held to be explained where the assessee's cash book showed substantial cash in hand before, during and after the period, with cash on hand exceeding the impugned deposits. The addition under section 68 was made only for the demonetised currency component, while the surrounding cash deposits were otherwise accepted. On the material recorded, the deposits were found to have come out of explained cash in hand duly reflected in the books, and the addition was deleted as unsustainable.
AI TextQuick Glance (AI)Headnote
Unverified return cannot support section 143(1) processing; intimation based on such return was quashed.
A return that is not verified cannot be treated as a valid return for processing under section 143(1) of the Income-tax Act, 1961. Here, the return dated 02.10.2021 was unverified, while the earlier return dated 02.01.2021 had been verified. Because the intimation was founded on the unverified return, the assessment action was based on an invalid return and the section 143(1) intimation was quashed in favour of the assessee.
AI TextQuick Glance (AI)Headnote
Concessional corporate tax option excludes Minimum Alternate Tax, preventing book-profit recomputation under the MAT regime.
Companies that validly exercise the concessional corporate tax option under section 115BAA are excluded from Minimum Alternate Tax under section 115JB(5A). Accordingly, book profit and tax liability cannot be recomputed by applying section 115JB after the option has been exercised. Prior acceptance of the same treatment in earlier assessment years also supports consistent tax processing. The concessional-regime computation therefore remains applicable, and a MAT adjustment is not sustainable.
AI TextQuick Glance (AI)Headnote
Time-barred reassessment notice invalidated the jurisdictional basis, making the consequential assessment void.
A reassessment notice issued under section 148 was time-barred because it could have been issued only up to 14.06.2022 but was actually issued on 30.06.2022. The Tribunal treated the late notice as invalid, and once the jurisdictional foundation failed, the reassessment proceedings and the consequential assessment could not survive in law. The additional ground therefore succeeded, and the assessment order was treated as void.
AI TextQuick Glance (AI)Headnote
Jurisdictional time limit for search assessments under section 153C led to quashing of assessments beyond the permissible block period.
Assessments initiated under section 153C were held to be beyond the permissible ten-year block period because the satisfaction note was recorded much later than the statutory trigger date used for computing the extended search assessment period. Applying the prevailing interpretation of the section 153A block period, as extended to section 153C proceedings, the assessments for the relevant years were treated as lacking jurisdiction and therefore bad in law. Once that preliminary defect was accepted, the remaining grounds did not survive. The appellate order dismissing the Revenue's challenge was left undisturbed.
AI TextQuick Glance (AI)Headnote
Monetary jurisdiction defect in reassessment notice renders section 148 proceedings void and the resulting assessment unsustainable.
A reassessment notice issued under section 148 by an officer lacking the prescribed monetary jurisdiction was invalid because the returned and assessed income fell within the limits assigned under CBDT Instruction No. 1/2011 for metro corporate returns. The jurisdictional defect went to the root and was not cured by later assessment proceedings. Consequently, the reassessment notice was quashed and the consequential assessment order also could not survive.

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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