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Case Laws
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AI Text Quick Glance by AI Headnote
AI TextQuick Glance (AI)Headnote
Bogus purchase additions and supplier ledger discrepancies fail when books, stock records, and payment evidence remain unrebutted.
Where purchases and stock movement are supported by purchase documents, quantitative records and evidence of goods movement, an addition based only on suspicion, third-party non-response or later cancellation of registration is not justified; the absence of rejection of books or a best-judgment assessment also weakens any estimated profit addition, so the estimated 8% profit addition was deleted. Where a supplier ledger balance is supported by invoices, ledger entries and bank payment evidence, and the tax authority brings no contrary factual finding to show an unreconciled liability difference, an adverse excess-payable addition cannot stand, so that addition was also deleted.
AI TextQuick Glance (AI)Headnote
Commission expenditure supported by documents and prior scrutiny acceptance cannot be partly disallowed as excessive without contrary material.
Commission expenditure supported by confirmations, returns, audited financial statements, Form 26AS, TDS certificates, agreement and bills was treated as genuine business ; the recipient also confirmed the services and receipt through banking channels after tax deduction at source. Prior acceptance of similar commission in earlier scrutiny assessments further supported genuineness. On these facts, the partial disallowance as excessive and non-genuine under section 37 could not be sustained in the absence of contrary material, and the disallowance was deleted.
AI TextQuick Glance (AI)Headnote
Reassessment based on generalized third-party material failed for lack of tangible evidence and live nexus; additions were deleted.
Reassessment under section 147 was held invalid because the recorded reasons rested on generalized Investigation Wing information and alleged accommodation transactions without independent verification, specific tangible material, or a live nexus showing escapement of income; the assessee's denial was not rebutted, so the jurisdictional condition of a valid reason to believe failed. Additions under sections 68 and 69A also failed because they were built mainly on third-party material and suspicion, without primary evidence of the assessee's participation, proof of the statutory ingredients of unexplained money, or meaningful cross-examination of relied-upon material. The reassessments were quashed and the additions deleted.
AI TextQuick Glance (AI)Headnote
Overriding title and section 57 deductions fail for interest income, but late return alone cannot defeat section 80P(2)(d) relief.
Interest on fixed deposits, third-party deposits and income-tax refund accrued to the society itself and was not diverted at source by overriding title, because the funds remained under its control and the obligations reflected only later application of income. The receipts were therefore taxable as income from other sources. Expenditure claimed under section 57 was disallowed because the maintenance and administrative costs were not shown to have a direct and exclusive nexus with earning the interest income. Deduction under section 80P(2)(d) was not to be denied merely because the return was filed belatedly under section 139(4) instead of section 139(1), and the claim was directed to be considered after hearing.
AI TextQuick Glance (AI)Headnote
Bogus purchase additions confined to profit estimate where sales were accepted and trading activity was established.
Where sales are accepted and only the purchases are found to be accommodation entries, the income addition may be confined to a reasonable profit estimate rather than the full purchase amount. On the facts of a scrap trading business with regular trading activity, complete disallowance of the disputed purchases was not justified. The first appellate authority's estimate of 2% of the alleged bogus purchases as gross profit was held to be a reasonable approach on the material available, and the Revenue's challenge to that restricted addition failed.
AI TextQuick Glance (AI)Headnote
Reassessment sanction requires consistent escapement figures; reopening fails where the threshold for extended limitation is not met.
Reassessment approval under section 151 must be based on a clear and consistent view of the alleged escapement; where the sanctioning authority and the Assessing Officer proceed on differing figures, the approval can reflect non-application of mind. The text also notes that extended limitation for reopening under section 149(1) depends on the escapement ultimately relied upon crossing the prescribed monetary threshold. Here, the figures moved from Rs. 1,11,37,000 to Rs. 66,13,961 and were finally confined to Rs. 27,00,000, showing inconsistency in the basis for sanction and failure to meet the threshold for extended reopening. The reopening was therefore treated as invalid.
AI TextQuick Glance (AI)Headnote
G-card debarment under customs broker regulations cannot exceed the prescribed period; penalty must stay within the statutory cap.
The Customs Brokers Licensing Regulations, 2018 limit debarment of a G-card holder to the prescribed period and set a monetary penalty cap under the penalty framework. Although the record showed the appellant's assistance in uploading documents and relied on an un-retracted statement, the proceedings did not establish a sufficient nexus to justify the broader consequences imposed. The debarment was therefore held not to continue beyond the statutory period, the G-card was restored, and the penalty was reduced to the maximum permitted under the regulations.
AI TextQuick Glance (AI)Headnote
Customs broker licence revocation fails without credible evidence linking the broker to disputed export transactions.
Revocation of a customs broker licence and penalty could not be sustained where the shipping bills showed self-filing and there was no credible documentary link connecting the broker to the impugned exports; uncorroborated reliance on a G-card holder's statement was insufficient to prove regulatory breach, so the penal action was set aside. The challenge based on delay and natural justice also failed because the enquiry and adjudication were found to be within the prescribed regulatory sequence, and no fatal denial of cross-examination was shown since the person sought to be examined was not identified. The appeal succeeded.
AI TextQuick Glance (AI)Headnote
Belated import documents without deliberate falsehood did not attract penalty under customs law; monetary burden was reduced.
Belated filing of import compliance documents, without proof of knowingly or intentionally false declaration, was treated as a technical breach rather than conduct attracting penalty under section 114AA of the Customs Act, 1962, and that penalty was set aside. The redemption fine and penalty under section 112(a)(i) were reduced because the lapse was procedural and did not show intent to evade duty or obtain undue benefit, so the monetary consequences were moderated in favour of the assessee.
AI TextQuick Glance (AI)Headnote
Limitation in customs recovery: demand failed where no suppression was alleged and the extended period lacked basis.
A customs demand was held time-barred because the show cause notice was issued more than two years after import, beyond the normal one-year recovery period under Section 28 of the Customs Act, 1962 in the circumstances noted. The notice did not allege suppression of facts, and the record disclosed no material showing suppression with intent to evade duty. As the impugned order contained no discussion on limitation and no basis for invoking the extended period, the demand could not be sustained. The finding was in favour of the assessee.
AI TextQuick Glance (AI)Headnote
Classification under CTH 9018 upheld for peritoneal dialysis solution, with prior precedent and consistent tribunal views controlling.
Extraneal Peritoneal Dialysis Solution with 7.5% Icodextrin was treated as classifiable under CTH 9018, because the classification issue had already been settled in the assessee's own case and had followed the Supreme Court's ruling on the same goods. The earlier appellate order had recorded categorical findings supporting that classification, and the later attempt to distinguish the facts was rejected. The issue was also considered no longer res integra in light of consistent views taken by other Benches. The goods were therefore held classifiable under CTH 9018 and the impugned order was set aside.
AI TextQuick Glance (AI)Headnote
Special Additional Duty on imports upheld where exemption was withdrawn, prior payment was absent, and VAT exemption did not defeat the levy.
Special Additional Duty of Customs on imported silk fabrics was held payable because the import occurred after the exemption was withdrawn, and the importer had not paid the duty at the time of import. Refund under the relevant notification was unavailable where prior payment of the duty was absent, so the claim based on non-payment failed. The plea of provisional assessment was also rejected because the dispute regarding countervailing duty did not affect liability to Special Additional Duty. The asserted State VAT exemption did not displace the central levy on goods sold in India, and the demand was upheld.
AI TextQuick Glance (AI)Headnote
Resolution plan rejection upheld for nondisclosure, avoidance-transaction defects, and CIRP non-compliance despite committee approval.
A resolution plan can be rejected where the CIRP is not conducted transparently and in compliance with disclosure, avoidance-transaction and resolution-plan requirements. The record showed identified avoidance issues, a transaction auditor, and applications filed only after plan approval, but the CoC was not fully informed and the treatment of recoveries was inconsistent with the position that recovered assets belong to the corporate debtor. The appellate tribunal accepted that these defects, together with shortcomings in performance security and CIRP management, justified rejection of the plan, re-running of the CIRP, and further scrutiny of the Resolution Professional's conduct.
AI TextQuick Glance (AI)Headnote
Predominant character test governs classification of composite mining contracts; incidental excavation cannot attract service tax before the specific entry.
Composite contracts must be classified by their essential and predominant character, so excavation, overburden removal, mineral extraction and loading undertaken as part of lignite mining were treated as mining services rather than site formation services. Incidental excavation elements could not be split out to impose tax under an inapplicable entry when the activity was integrally connected with mining operations. The introduction of mining services under Section 65(105)(zzzy) from 01.06.2007 showed that such activity became specifically taxable only from that date. Accordingly, no service tax was leviable for the period before 01.06.2007 and the demand was unsustainable.
AI TextQuick Glance (AI)Headnote
Multi-level marketing commissions are taxable as service, but extended limitation failed and demand was confined to the normal period.
Commission and incentive amounts earned for sponsoring and enrolling associates in a multi-level marketing network were treated as consideration for taxable services under the Finance Act, 1994, and the demand was upheld on merits, subject to recalculation by separating commission linked to the appellants' own sales from commission attributable to the sponsored sales group. Extended limitation was not available because the taxability dispute involved a genuine controversy and competing views, so the demand was confined to the normal limitation period. The appeals therefore succeeded only in part, with remand limited to quantification of the surviving liability.
AI TextQuick Glance (AI)Headnote
Rule 6 Cenvat reversal not triggered for job-work intermediates used in dutiable final products.
Rule 6 of the Cenvat Credit Rules, 2004 was held inapplicable to job-work clearances where the processed intermediate goods were returned for use in dutiable final products and excise duty was discharged by the principal manufacturer. The Tribunal applied the Cenvat principle against cascading and followed prior decisions to treat the job-worker's activity as part of an integrated manufacturing process rather than an exempted clearance. On that basis, the proposed reversal of 5% or 6% on job charges was not justified, and the demand was set aside.
AI TextQuick Glance (AI)Headnote
Secondment as manpower supply service can attract service tax where host control and reimbursement arrangements exist.
Seconded employees placed under the host entity's operational control for its Indian business, while remaining on the overseas parent's payroll and with salary costs reimbursed, may constitute manpower recruitment or supply service for service tax purposes under reverse charge. On the facts described, the arrangement was treated as a taxable manpower supply rather than a mere reimbursement of employment costs. The demand was confined to the normal period because no mala fide intention was found, so the extended period was not invoked. Penalties were also deleted, leaving the service tax demand sustained only for the normal period.
AI TextQuick Glance (AI)Headnote
Site-based concrete mixing qualifies as concrete mix, not Ready-Mix Concrete, preserving exemption and defeating extended limitation.
Site-based concrete mixing carried out near the project location with basic batching and mixing equipment was treated as concrete mix, not Ready-Mix Concrete, because there was no evidence of specialised RMC machinery, process, or admixtures; the exemption under Notification No. 12/2012-CE was therefore available. On limitation, the department had already been informed of the manufacturing process and related facts before the show-cause notice, so suppression with intent to evade duty was not established and the extended period could not be invoked. The duty, interest, and penalty confirmation was consequently unsustainable.
AI TextQuick Glance (AI)Headnote
Interest on refunded duty deposits runs from deposit to actual refund, but no separate interest on delayed interest is payable.
Interest on amounts deposited with the Revenue during investigation was held payable from the date of deposit until actual refund, following settled precedent that compensation is due for deprivation of funds. Applying the statutory framework under Section 11BB of the Central Excise Act, 1944, the Tribunal directed interest at 12% per annum on the refunded deposit, subject to adjustment for any amount already paid. However, the claim for further interest on delayed payment of that interest was rejected, as no separate interest on interest was held admissible unless expressly provided by statute.
AI TextQuick Glance (AI)Headnote
Conflict disclosure and post-conviction disqualification can bar a professional from continuing to represent a liquidator.
A professional assisting a liquidator must disclose any pecuniary or personal relationship with stakeholders or the corporate debtor under Regulation 7(3) of the IBBI (Liquidation Process) Regulations, 2016, and non-disclosure of a conflict can disqualify continued representation. Where the professional is subsequently suspended from practice and convicted, the same disqualification principle reinforces that continuance as counsel in judicial proceedings is impermissible. The stated effect is that representation of the liquidator may be restrained when both the disclosure obligation is breached and later supervening incapacity arises.

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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