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Case Laws
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AI Text Quick Glance by AI Headnote
AI TextQuick Glance (AI)Headnote
Reassessment on fresh search material upheld, but section 68 loan addition remitted for cross-examination and further verification.
Reassessment under the amended post-1 April 2021 regime was upheld because fresh tangible material from search proceedings, including a sworn third-party statement and field verification results, was treated as sufficient for reopening and the earlier incriminating-material test was held inapplicable at that stage. However, the addition of unsecured loans under section 68 was not finally sustained because it depended mainly on an uncorroborated third-party statement and post-search enquiries, while the assessee was denied effective cross-examination and the record also required verification of repayments and amounts already assessed. The loan addition was therefore set aside for fresh adjudication after cross-examination and further enquiry.
AI TextQuick Glance (AI)Headnote
Pre-deposit under GST includes tax paid under protest against the disputed demand, removing any further deposit requirement.
An amount of tax paid under protest for the disputed period had to be counted toward the mandatory pre-deposit under Section 107(6)(b) of the CGST Act because it related to the very liability under challenge and there was no statutory exclusion. Applying strict construction of the deposit condition, the Court treated the protested payment as satisfying the pre-deposit requirement on a prima facie basis, and the amount already deposited exceeded the prescribed threshold. Accordingly, no further pre-deposit was required.
AI TextQuick Glance (AI)Headnote
Exhaustion of statutory remedies under GST bars writ jurisdiction where the tribunal can decide natural justice and pre-deposit disputes.
A writ petition challenging an appellate GST order was not entertained because an efficacious statutory remedy remained available before the GST Appellate Tribunal. The Court noted that objections based on alleged violation of natural justice, rejection of the appeal, and whether the pre-deposit requirement was satisfied involved factual and legal questions that the Tribunal could examine. Applying the rule of exhaustion of statutory remedies, the Court declined to invoke its discretionary writ jurisdiction under Article 226 and directed the petitioner to pursue the statutory forum.
AI TextQuick Glance (AI)Headnote
GST appeal remand requires merits-based hearing; limitation rejection set aside and fresh decision directed.
The appellate authority could not reject the GST appeal as time-barred after a prior remand directing a de novo decision with a reasoned speaking order and due hearing, because that direction necessarily required merits-based adjudication. The subsequent limitation-based rejection was inconsistent with the remand and defeated its purpose. The High Court set aside the impugned orders and directed the appellate authority to hear the appeal afresh, ignore the delay in filing, and decide the matter on merits after affording due opportunity to all stakeholders.
AI TextQuick Glance (AI)Headnote
Parallel GST proceedings barred on same subject matter, with coordination required between Central and State tax administrations.
Parallel adjudicatory proceedings on the same GST subject matter are barred under the governing law, while lawful investigative steps and coordination between Central and State tax administrations remain permissible. The petition challenged a Central GST show cause notice, along with connected summons and intimations, on the basis that State proceedings had already been initiated on the same matter. Rather than undertake an independent merits review of the notice, the Court applied the Supreme Court's binding position and directed compliance with that framework: the petitioner was to respond to the Central proceedings, cooperate with the inquiry, inform the State authority, and await inter-departmental coordination.
AI TextQuick Glance (AI)Headnote
Liquidated damages for contract delay are not consideration for tolerating breach and fall outside declared service tax
Amounts received as penalty or liquidated damages for delay or contractual non-compliance do not constitute consideration for tolerating an act under the declared service provision. The reasoning follows earlier co-ordinate Bench decisions, including the appellant's own case, which held that such receipts are not paid for any service of tolerating breach or delay. Accordingly, they fall outside section 66E(e) of the Finance Act, 1994, and the service tax demand is unsustainable.
AI TextQuick Glance (AI)Headnote
Customs appeal limitation bars condonation beyond the statutory outer period, leaving delayed appeals time-barred.
Section 128(1) of the Customs Act requires an appeal to the Commissioner (Appeals) to be filed within 60 days of service of the order. Its proviso permits condonation on sufficient cause only for a further 30 days, creating a statutory outer limit for filing. Where an appeal is filed after that extended period, the Commissioner (Appeals) lacks jurisdiction to condone the delay. Section 5 of the Limitation Act does not enlarge this expressly limited condonation power. Consequently, an appeal filed beyond the maximum permissible period is liable to be dismissed as time-barred.
AI TextQuick Glance (AI)Headnote
Customs classification of automatic soap dispenser turns on dispersing liquid soap versus spraying liquid under tariff headings.
Classification of a sensor-based automatic soap dispenser turned on whether its essential function was to disperse liquid soap or to spray liquid. The analysis treated Chapter Heading 8424 as covering mechanical appliances for dispersing liquids, while Chapter Heading 9616 was regarded as covering sprays, including toiletry sprays, with the HSN notes to Chapter 9616 excluding appliances falling under Chapter 8424. On that reasoning, the product was classified under Customs Tariff Item 8424 89 90 and not under Customs Tariff Item 9616 10 20, making the Department's classification incorrect.
AI TextQuick Glance (AI)Headnote
Waiver of statutory threshold in oppression and mismanagement petitions sustained where prima facie continuing oppression was shown.
A waiver of the statutory threshold for filing an oppression and mismanagement petition may be sustained where the pleadings disclose a prima facie case of continuing and systemic oppression, together with exceptional circumstances showing that denial of waiver would frustrate the statutory remedy. The Tribunal found such prima facie allegations in disputes over membership termination and suspension, committee constitution, disciplinary proceedings, and alleged articles violations, and treated subsequent steps against the concerned member as reinforcing the need to preserve the subject matter. On that basis, it found no legal infirmity in the waiver order and declined interference.
AI TextQuick Glance (AI)Headnote
Promoter settlement proposals in CIRP may fail without binding funding, while substantially complete projects may proceed subject to creditor approval.
A promoter's revised settlement proposal for Project Estella was rejected because CIRP was ongoing, a resolution plan had already been approved by the CoC, and stakeholders opposed the proposal; the alleged support of an outside developer was found non-binding and financially uncertain. For Project NCR Greens, the promoter was permitted to complete the substantially finished project and hand over the balance units within six months, because prior undertakings, partial possession already given, and homebuyer interests supported that course, but only subject to approval by the majority of the financial creditors, including the concerned bank.
AI TextQuick Glance (AI)Headnote
Retrospective service tax validation upholds demand on goods transport recipients, but timely return filing bars interest.
Retrospective validation of the levy on recipients of goods transport operator services, together with the amended return machinery under Section 71A and Rule 7A, made the service tax demand sustainable because the notice was issued within the permissible period reckoned from the return due date. The earlier notice objection and the challenge to recovery under Section 73 did not succeed in view of the amended scheme and binding precedent. Interest, however, was not leviable because the return under Section 71A was filed within the prescribed six-month period under Rule 7A. The tax demand was upheld, but the interest component was set aside.
AI TextQuick Glance (AI)Headnote
Alternative statutory remedy and limited review jurisdiction prevented interference with tax assessment-related revision and review orders.
Availability of an alternative statutory remedy under the JVAT Act weighed against exercise of writ jurisdiction, especially where the challenge was not clearly framed. The court also noted that a writ court will not ordinarily interfere when the statutory appellate and revisional framework is available. On the revision and review issues, the Tribunal was found to have committed no jurisdictional error: the remand order was limited to verification of Form F and supporting records, the concurrent factual findings were not shown to be perverse, and no error apparent on the face of the record was established for review. The court further held that a party cannot accept contractual and regulatory conditions and later attack them as ultra vires.
AI TextQuick Glance (AI)Headnote
GST appeal limitation cannot be bypassed except in truly exceptional cases under writ jurisdiction.
An appeal under the Central Goods and Services Tax Act, 2017 cannot be entertained beyond the statutory period prescribed in Section 107, and the Appellate Authority lacks power to admit a time-barred appeal. The High Court may, in truly exceptional and extraordinary cases, use Article 226 to grant relief despite delay, but only where the explanation for delay is convincingly established. On the facts described, a delay of 317 days was not sufficiently explained, the medical material did not support incapacity to act within time, and no exceptional circumstance was shown. The challenge to the limitation-based rejection therefore failed and the impugned orders remained undisturbed.
Quick Glance (AI)Headnote
Assessment reopening approval under s. 151 and unexplained credit issues left undisturbed after special leave petitions were dismissed.
Reopening of assessment and the validity of approval under s. 151, in the context of unexplained credit under s. 68, remained undisturbed as the Supreme Court found no reason to interfere with the Delhi High Court's judgments. The special leave petitions were dismissed, leaving the High Court's orders in place.
AI TextQuick Glance (AI)Headnote
Condonation of minimal filing delay requires pragmatic hardship-based review before denying carry forward of loss relief.
A minimal and bona fide delay in filing a return may warrant condonation where refusal would unjustly deny consequential tax relief such as carry forward of loss. The Court applied Section 119(2)(b) of the Income-tax Act, 1961 and CBDT Circular No. 11 of 2024, holding that the authority must assess genuine hardship and proportionality pragmatically rather than adopt a mechanical approach. On the facts, the 7-day delay was treated as negligible, the denial of relief was found inconsistent with the statutory scheme, and the return was required to be processed in accordance with law.
AI TextQuick Glance (AI)Headnote
Substantive charitable exemption prevails over procedural filing lapse; pending condonation applications must be decided by reasoned order.
A procedural mismatch in filing the audit report could not, by itself, defeat a charitable assessee's substantive claim to exemption, where registration under Section 12A was already in place. Pending applications for condonation of delay and filing of Form 10B had to be decided within the governing time framework, and administrative inaction on such applications justified judicial interference. The competent authority was directed to consider and dispose of the applications in accordance with law, after giving an opportunity of hearing and passing a reasoned speaking order within the time directed.
AI TextQuick Glance (AI)Headnote
Reassessment limitation under transitional regime: notice issued beyond the surviving balance period was held time-barred and invalid.
In computing limitation for a reassessment notice under the transitional regime, the period covered by the stayed deemed show-cause notice and the time granted for response had to be excluded, leaving only the surviving balance time to issue notice under section 148. On the facts, the Revenue was required to act within that remaining period after the section 148A(b) process, but the notice issued on 27 July 2022 fell beyond the permissible time. The notice was therefore time-barred, void ab initio and bad in law, and the reassessment proceedings and assessment order were quashed.
AI TextQuick Glance (AI)Headnote
Demonetisation cash deposit addition under section 69A restricted after partial acceptance of the assessee's cash source evidence.
Cash deposits during the demonetisation period were examined under section 69A against the assessee's cash flow statements, bank records, land documents, agricultural income material, salary evidence, withdrawals and past cash balance. The Tribunal found that the lower authorities had not properly examined this supporting material and accepted that there was some basis for availability of cash. However, it also treated parts of the evidence as self-serving and insufficient to justify complete deletion of the addition. On that record, the Tribunal granted partial relief by restricting the addition to 10% of the disputed amount.
Quick Glance (AI)Headnote
Void post-winding-up transfers of company property were reaffirmed under Section 536(2), with no reason to interfere under Article 136.
Post-commencement transfers of company property executed after commencement of winding up and without any basis for validation were treated as void under Section 536(2) of the Companies Act. The High Court affirmed that the appellant's sale deeds fell within that prohibition and could not be validated. Delay in filing was condoned, but the special leave petition was dismissed because no ground for interference was found in exercise of Article 136 jurisdiction.
AI TextQuick Glance (AI)Headnote
Statutory bail protections for women and prolonged custody can justify bail despite pending money laundering proceedings.
A woman accused under the Prevention of Money Laundering Act, 2002 was held entitled to the proviso to Section 45, so the twin bail conditions were not treated as an automatic bar. Section 479 of the Bharatiya Nagarik Suraksha Sanhita, 2023 was read as a liberty-protective provision against prolonged pre-trial detention, and custody beyond the statutory threshold supported release even where multiple proceedings were pending. Parity also favoured bail because co-accused with comparable roles had already been enlarged on bail. On a combined assessment of statutory protection, custody undergone, trial delay, and parity, bail was granted.

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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