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Case Laws
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AI Text Quick Glance by AI Headnote
AI TextQuick Glance (AI)Headnote
Condonation of short delay and proof of land investment through banking records justified remand for limited verification.
A short, bona fide delay in filing an appeal should be condoned where the explanation shows no mala fides or deliberate negligence, because substantial justice prevails over technical limitation. An investment in agricultural land supported by bank statements, ledger entries, purchase deed details and loan receipts cannot be treated as unexplained merely due to a name mismatch or because it was not recorded in a business balance sheet. Since some evidence still required verification, the matter was restored to the Assessing Officer for limited inquiry and fresh adjudication in accordance with law.
AI TextQuick Glance (AI)Headnote
Section 69A cash addition fails where accumulated taxed income plausibly explains opening cash balance without contrary evidence.
An addition under section 69A for opening cash-in-hand was deleted because the assessee gave a plausible explanation that the cash represented withdrawals accumulated from income already offered to tax. The earlier omission of the cash balance in a return did not, by itself, make the later opening balance unexplained. Substantial earlier returned income supported the assessee's financial capacity, while the Revenue relied mainly on presumptions such as the absence of contemporaneous cash expenses, low demonetisation deposits, and non-production of a cash book at assessment. On the record, the assessee discharged the onus and the addition was not sustainable.
AI TextQuick Glance (AI)Headnote
Section 80P deduction denied where no return was filed and assessment proceeded on books and audit material.
Where an assessee did not file a return under section 139 or comply with notice under section 142(1), the assessment was completed under section 144 on the basis of the books of account and audit material. On that footing, the claim for deduction under section 80P(2)(a)(i) was not accepted, and the income reflected in the records was brought to tax. The appellate authority found no infirmity in this approach and sustained the disallowance of section 80P deduction.
AI TextQuick Glance (AI)Headnote
Section 50C valuation must follow the taxpayer's statutory objection rights; summary adjustment under rectification was unsustainable.
Section 50C must be applied as a complete deeming mechanism, including the taxpayer's right under section 50C(2) to object to the stamp duty value and seek a valuation reference. A capital gains adjustment based on section 50C cannot be made summarily in processing and then justified under section 154, because denying the assessee that statutory opportunity goes beyond correction of a mere apparent error. The addition made by the CPC was therefore unsustainable, and deletion of the adjustment was justified in favour of the assessee.
AI TextQuick Glance (AI)Headnote
Net income taxation, not gross receipts, applied on remand where Section 11 exemption and Form 10B issues arose.
Where exemption under Section 11 was not being pursued and Form 10B had not been filed with the return, the Tribunal directed fresh examination so that tax is computed on net income rather than gross receipts. It held that gross receipts cannot be brought to tax without giving effect to allowable expenditure, and restored the matter to the Assessing Officer for reconsideration. The assessee was given liberty to file supporting evidence in aid of its claim.
AI TextQuick Glance (AI)Headnote
Validity of dealer registration and Form C required fresh Tribunal reconsideration for the disputed transactions.
The Tribunal's treatment of three disputed purchasing dealers required fresh consideration because verification material indicated that their registrations were valid on the transaction dates and that Form C had been issued. As no finding had yet been recorded on the existence and validity of those registrations at the relevant time, and the validity of Form C also remained unresolved, further examination was necessary. The impugned order was interfered with only to that limited extent, and the Tribunal was directed to reconsider that part of the matter afresh.
AI TextQuick Glance (AI)Headnote
Reassessment notice invalid without approval from the specified authority, making the resulting assessment unsustainable.
Reassessment notice issued under section 148 was jurisdictionally invalid because approval was obtained from the wrong specified authority under section 151(ii), which required sanction from the Principal Chief Commissioner rather than the Principal Commissioner. Without fulfillment of that statutory precondition, reassessment jurisdiction did not validly arise, and the consequent assessment could not survive. The notice was therefore bad in law and the assessment was quashed in favour of the assessee.
AI TextQuick Glance (AI)Headnote
Section 68 additions on cash deposits fail where cash sales are backed by books and records, with no rejection of accounts.
Cash deposits explained as recorded cash sales cannot be brought to tax under section 68 where the assessee supports the explanation with books and contemporaneous records, and the books of account are not rejected. The assessee relied on stock register, VAT returns, sales invoices, cash book, bank statement and comparative sales data to show that the deposits matched its cash sales pattern. Because the revenue merely doubted the source of deposits without dislodging the recorded sales evidence or rejecting the books, the deeming addition was not sustainable and was deleted.
AI TextQuick Glance (AI)Headnote
Unexplained investment addition deleted where inherited property sale proceeds and bank records proved the source for new property purchase.
Unexplained investment in immovable property was held not sustainable where the assessee showed that funds came from sale proceeds of an inherited property. Bank statements and related documents established that the sale consideration was credited and then used for the new property purchase jointly with family members. The documentary trail also showed that the mother's connected transactions had already been accepted in assessment, supporting the source of investment. On these facts, the addition made in set-aside proceedings was deleted.
AI TextQuick Glance (AI)Headnote
Transfer pricing comparability under TNMM: turnover filter, functional dissimilarity, and limited comparables can still support benchmarking.
Turnover was treated as a relevant comparability filter in software development transfer pricing, and a ten-times range on either side of the assessee's turnover was accepted. The exclusion of Thirdware Solutions Ltd., Kals Information Systems Ltd., Cigniti Technologies Ltd., R S Software (India) Ltd., Inteq Software Pvt. Ltd., Infobeans Technologies Ltd., Rheal Software Pvt. Ltd. and CG-VAK Software & Exports Ltd. was upheld on functional dissimilarity and related comparability grounds, while Evoke Technologies Ltd. was retained because its audited financials permitted computation of the profit level indicator from Indian operations. It was also stated that benchmarking under TNMM does not require more than one comparable, so a limited set may be used if functionally comparable and otherwise filter-compliant.
AI TextQuick Glance (AI)Headnote
Bank credits treated as business turnover, but profit estimation reduced to a reasonable 4% margin for lack of supporting evidence.
Where bank credits are claimed to be pass-through amounts from commission agency activity, the claim must be supported by confirmations, agreements, or other material evidence; in their absence, the credits may be treated as business turnover. An estimate of profit at 12.5% on the entire credits was considered excessive because no comparable case or supporting material justified that rate. On the facts, a 4% margin was regarded as reasonable in similar trade circumstances, and income was directed to be estimated accordingly, granting partial relief.
AI TextQuick Glance (AI)Headnote
GST writ quashing set aside; show cause notice restored and timely statutory appeal protected from limitation.
A writ challenge to a GST show cause notice and consequential Order-in-Original under Section 74 was restored because the basis for quashing no longer survived, and the Single Judge's order was set aside. The assessee was also given liberty to pursue the statutory appellate remedy, with six weeks to file the appeal in view of pending writ proceedings. If filed within that period, the appellate authority was directed not to raise limitation and to decide the appeal on merits. The operative effect is restoration of the tax proceedings and protection of a timely statutory appeal from a limitation objection.
AI TextQuick Glance (AI)Headnote
Restoration of show cause notice after ex parte order: respondent given opportunity to reply before merits are examined.
An ex parte Order-in-Original passed pursuant to a show cause notice under Section 74 was set aside, and the show cause notice was restored so the respondent could file a reply and the proper officer could consider the matter on merits. The Karnataka HC followed its earlier approach on the same issue and found it appropriate to give the respondent an opportunity of hearing before further adjudication. Four weeks were granted to submit the reply.
AI TextQuick Glance (AI)Headnote
Insolvency resolution plan finality bars post-CIRP recovery of pre-resolution electricity dues not filed in the insolvency process.
An approved resolution plan under the Insolvency and Bankruptcy Code, 2016 binds all stakeholders and, through the Code's overriding effect, prevails over inconsistent electricity recovery mechanisms. Public announcement of CIRP is treated as sufficient notice to statutory authorities, and claims not filed during CIRP are extinguished once the resolution plan is approved. Accordingly, post-resolution demand notices cannot enforce pre-CIRP electricity dues that were neither admitted nor preserved in the plan. Only liabilities arising after resolution, or separately lawfully attributable, may be pursued in accordance with law.
AI TextQuick Glance (AI)Headnote
Mandatory section 148A(d) deadline and section 153C procedure control reassessment based on third-party search material.
Section 148A(d) must be passed within its mandatory statutory deadline, and that limit is not extended by any surviving time for issuing notice under section 148; on the stated facts, the order was time-barred and the consequential notice was void. Where reassessment is based solely on third-party search material, the special procedure under section 153C applies, and sections 147/148 cannot be used to bypass it; in the stated facts, the reassessment lacked jurisdiction. The additions under sections 68 and 69A were also unsustainable because the record included sales invoices, ledger accounts, lorry receipts, confirmations and audited books, while the revenue did not reject the books or make a proper inquiry into the alleged unexplained credits.
AI TextQuick Glance (AI)Headnote
Primary evidence for unsecured loans shifts the section 68 burden to Revenue; telescoping prevents double taxation and limited interest disallowance survives.
Unsecured loan additions under section 68 were deleted because the assessee produced confirmations, PAN, income-tax returns, bank statements and financial records showing identity, creditworthiness and genuineness of the lenders, and the Revenue failed to rebut that primary evidence. Telescoping was also accepted for Narayani Enterprise because the cash source was linked to on-money receipts already taxed in another entity's hands, avoiding double taxation. On interest, the disallowance under section 36(1)(iii) was sustained only to the limited extent supported by the record, as the broader disallowance of diverted borrowed funds was found excessive.
AI TextQuick Glance (AI)Headnote
Own funds, inventory write-downs, section 68 deposits, and revenue expenditure allowed; corporate guarantee benchmarking partly sustained.
Section 14A interest disallowance was deleted because the assessee's own funds exceeded exempt-income investments. Write-down of slow-moving and non-moving inventory was largely accepted on physical verification and age analysis, with only a limited scrap-value addition sustained. Unexplained cash credit addition under section 68 was deleted where depositor particulars, banking trail, and confirmations discharged the primary onus. Technical know-how and environmental study expenses were allowed as revenue outgoings, additional depreciation on dumpers was permitted, and corporate guarantee was treated as a separately benchmarkable international transaction. Weighted deduction for contribution to an approved research institution was allowed, while provision for doubtful debts was rejected except for matters remanded for fresh verification.
AI TextQuick Glance (AI)Headnote
Explained cash receipts during demonetisation cannot be taxed under section 68 when accounting evidence is unrebutted.
Cash receipts during the demonetisation period were held to be explained where the assessee produced books of account, cash book, bank statements, sales bills, debtor confirmations and reconciliation material showing accounted business transactions, and the revenue failed to rebut that evidence with concrete material. On that basis, the addition under section 68 for unexplained cash credit was deleted. A separate balance amount was treated as requiring factual verification with reference to bank records and the books, so that limited issue was remanded for examination.
AI TextQuick Glance (AI)Headnote
Unexplained seized cash under section 69A can be added when the assessee lacks credible supporting evidence.
Seized cash was treated as unexplained income under section 69A of the Income-tax Act, 1961 because the assessee failed to substantiate the claimed source with reliable corroborative evidence. The explanation that the cash represented business receipts or inter-branch transfers was rejected where no branch-wise books, balance details, purpose of cash movement, or supporting records were produced, and the cash flow pattern and same-day bank deposit undermined credibility. On that factual basis, the deletion of the addition by the first appellate authority was held unsustainable and the assessment addition was restored.
AI TextQuick Glance (AI)Headnote
Reassessment limitation and escaped-income threshold defeated reopening where property investment evidence did not meet the statutory limit.
Reassessment under sections 148A and 148 was unsustainable because the section 148A(d) order did not meaningfully address the assessee's reply and supporting documents regarding the source of immovable property investment. The extended limitation under section 149(1)(b) applies only where the Assessing Officer possesses books, documents, or evidence showing escaped income represented in the form of an asset of fifty lakh rupees or more. On the facts, the material did not meet that statutory threshold, as the alleged unexplained component was far below the limit and the full purchase value could not be treated as escaped income. The reopening and the assessment under section 147 were therefore quashed.

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Case Laws

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