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Case Laws
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AI Text Quick Glance by AI Headnote
AI TextQuick Glance (AI)Headnote
Mandatory section 143(2) notice in reassessment; complete non-issuance cannot be cured by section 292BB.
Where a return is filed in response to notice under section 148, issuance of notice under section 143(2) is mandatory before completing reassessment. The absence of that notice is a fatal procedural defect and vitiates the reassessment. Section 292BB cures only defects in service of a notice, not a complete failure to issue the notice at all, so it cannot validate an assessment made without a section 143(2) notice. The reassessment was therefore annulled for want of the mandatory notice.
AI TextQuick Glance (AI)Headnote
Rectification order appeal not maintainable to challenge original assessment addition; substantive grievance had to be raised separately.
An appeal against a rectification order under section 154 was held not maintainable where the assessee's real grievance was against the original assessment addition under section 69A. The rectification only corrected a computation error and did not alter the substantive addition, so any challenge to that addition had to be brought in appeal against the assessment order itself. On that basis, the first appellate authority's dismissal of the appeal was upheld, while the assessee was left free to challenge the assessment order in accordance with law, subject to limitation.
AI TextQuick Glance (AI)Headnote
Accounting misclassification and arbitrary disallowance cannot defeat genuine deductions where the record supports business use and threshold compliance.
A mere accounting misclassification did not justify treating flat-sale consideration as unexplained credit, so the addition was deleted. Interest on a personal loan was also allowed where the record did not dispute that the borrowing was used for business purposes. Interest on the housing loan required fresh computation of the admissible deduction under the alternate housing-property claim, with consequential relief to follow. Disallowance for alleged failure to deduct tax at source on professional fees failed because the payments were below the threshold and tax had been deducted on the amount exceeding it. The 20% ad hoc expenditure disallowance was held arbitrary and deleted.
AI TextQuick Glance (AI)Headnote
Vocational training as education: systematic instruction and skill development programmes qualified for exemption under sections 11 and 12.
Vocational training and skill development programmes involving organised teaching, systematic instruction, courses, residential training and academic affiliations can constitute "education" under section 2(15). The assessee's activities were not confined to mere commercial coaching and included training for rural youth and underprivileged persons. Relying on the jurisdictional High Court's view in the assessee's own matter, the Tribunal accepted that the activities were educational in nature and entitled the assessee to exemption under sections 11 and 12. The adverse findings of the lower authorities were not sustained.
AI TextQuick Glance (AI)Headnote
Reassessment notice, limitation, and joint property ownership failed to support additions in an income-tax reassessment dispute.
A reassessment notice under section 148A(b) was invalid because only five days were granted for response, contrary to the minimum statutory period of seven days, and the consequent proceedings failed. The section 148 notice for assessment year 2015-16 was also barred by limitation, having been issued after expiry of the applicable outer period. On merits, an addition relating to immovable property could not be sustained where the sale deed showed joint purchase by the assessee and his wife, yet the assessment was made entirely in the assessee's hands without proper allocation of ownership.
AI TextQuick Glance (AI)Headnote
Duty drawback taxed on actual receipt; unsupported estimated addition and linked penalty both fail.
Duty drawback is taxable on actual receipt under the Income-tax Act, and an addition based on presumed higher receipts could not be sustained where the assessee's books and bank statements showed only amounts actually realised and the supporting CBEC material was not furnished for rebuttal. On that basis, the quantum addition was deleted. The consequential penalty under section 270A also fell away because it was wholly founded on the deleted addition and no separate misreporting survived. The matter thus turned on receipt-based taxation of duty drawback and the evidentiary failure underlying the estimated addition.
AI TextQuick Glance (AI)Headnote
Concealment penalty not attracted where disclosed claims turned on correct income head and section 54 treatment.
Penalty for concealment was not leviable where the assessee had disclosed the relevant facts in the return and supported the claims with material on record. A claim for rental income under a different head, and a claim for deduction on reinvestment jointly made with her son, involved the correct legal treatment of the transaction rather than suppression of particulars. The later acceptance of the section 54 position reinforced that the issue was one of legal interpretation, not concealment or furnishing of inaccurate particulars. On that basis, penalty under section 271(1)(c) was deleted.
AI TextQuick Glance (AI)Headnote
Transfer pricing adjustments must stay transaction-specific, with verified capacity, working capital, and operating-item treatments allowed.
Transfer pricing adjustment under the Transactional Net Margin Method is confined to the value of international transactions with associated enterprises and is not extended to the assessee's entire turnover. Capacity utilisation adjustment and working capital adjustment may be granted where factual verification supports them, and a consistent operating treatment may be applied to forex gain and provisions written back. The appellate view sustaining these segmental and operating adjustments was upheld, with the Revenue's challenge failing on each ground.
AI TextQuick Glance (AI)Headnote
Tax credit for advance tax and self-assessment tax must be verified before demand is sustained.
Where the record, including Form 26AS, showed payment of advance tax and self-assessment tax, the tax credit could not be denied without verification. The revenue authority was required to examine the factual claim before sustaining the demand raised after processing the return. If the payments were found to be made and allowable under the Act, corresponding credit had to be granted. Relief was therefore limited to verification and consequential grant of eligible credit, and the assessee's appeal succeeded only to that extent.
AI TextQuick Glance (AI)Headnote
Presumptive taxation and disclosed receipts: interest income already accounted for could not be added as escaped income.
Interest income disclosed in the assessee's computation and included in gross receipts under the presumptive taxation scheme could not be treated as escaped income when the same figure also appeared in the trading and profit and loss accounts. In the absence of rejection of the books of account under the relevant statutory provision, the tax authority had no basis to isolate the interest amount as undisclosed income. On these facts, the addition was unsustainable and the assessee's substantive grounds were accepted.
AI TextQuick Glance (AI)Headnote
MEIS scrip jurisdiction and mens rea for penalty: customs action and Section 114AA penalty failed on unrevoked scrips and mere misclassification.
MEIS scrips issued by the DGFT and left unrevoked remained within the foreign trade regulatory domain, so customs authorities could not assume jurisdiction to proceed against the exporter or customs broker for alleged misuse merely because a different classification appeared in export documents. Section 28 and Section 28AAA of the Customs Act were inapplicable because the dispute did not involve import of goods or a demand for short-paid or short-levied duty. Penalty under Section 114AA also failed because a wrong classification, without proof of wilful false statement or mens rea, was insufficient. The Madras HC therefore answered the questions of law for the assessee and set aside the Tribunal's order.
AI TextQuick Glance (AI)Headnote
Smuggling presumption fails without tangible pre-seizure material; retracted carrier statement cannot alone sustain confiscation or penalties.
Confiscation of seized gold and silver could not be sustained because the Department failed to establish a pre-seizure reasonable belief that the goods were smuggled. The record showed no concrete material beyond the carrier's initial statement: searches yielded no incriminating evidence, no foreign markings were found, and no effective inquiry traced any smuggling chain or tested the invoices at the sellers' end. The presumption under Section 123 of the Customs Act, 1962 therefore did not arise. The retracted statement of the carrier, unsupported by corroboration and evidentiary compliance, could not by itself justify confiscation or penalties.
AI TextQuick Glance (AI)Headnote
Cancellation charges on hotel bookings are compensation, not consideration for tolerating cancellation, so service tax does not apply.
Forfeited advance amounts retained as cancellation or room-retention charges on hotel booking cancellations are not consideration for a declared service under section 66E(e) because the booking contract is for accommodation, not an agreement to tolerate cancellation. The amounts function as compensation or liquidated damages for breach of contract, reflecting loss of business rather than payment for any service. As such, they do not satisfy the statutory requirement of consideration for tolerating an act, and the service tax demand is unsustainable.
AI TextQuick Glance (AI)Headnote
Lapsed rehabilitation authority cannot justify asset sales or share allotments; equitable powers cannot cure illegality.
After the SICA rehabilitation regime had lapsed and the appellate proceedings had abated, GDCL had no subsisting authority to sell JUL and JAIL assets or alter JAIL shareholding; the subsequent allotments were therefore unsustainable. The Court also held that Article 142 cannot be used to validate unauthorised transactions, and legitimate expectation cannot override illegality or create ownership rights where none existed. Rehabilitation proposals from prospective investors were premature without prior asset identification and reliable valuation. The Court directed verification and payment of workmen's and provident fund dues, valuation of remaining assets, and administrative supervision, while treating the winding-up petition as infructuous.
AI TextQuick Glance (AI)Headnote
Bank negligence in cheque presentment amounts to deficiency in service, while compensation must stay fair and proportionate.
A bank acting as collecting agent must present cheques with due diligence within the validity period, and failure to re-present them on available working days after an intervening strike constitutes deficiency in service under consumer law. The finding of negligence was upheld on the evidence. On compensation, consumer relief must be fair, reasonable, and proportionate to the proved loss; where the actual loss is uncertain, only moderated compensation is justified. The award was therefore reduced from the higher assessment to 6% of the cheque amount with interest at 6% per annum.
AI TextQuick Glance (AI)Headnote
Customs penal liability for foreign exporters requires clear extraterritorial reach and independent proof of penal ingredients.
Customs penal liability could not be fastened on a foreign exporter for alleged misdeclaration in import transactions where the importer bore the primary obligations for declaration and compliance under the Customs Act. The alleged misdeclaration was attributed to Indian importers, and no legally supportable role of the foreign exporter was established for attracting Sections 112 and 114AA. The amendment to Section 1(2), introducing limited extraterritorial application, was treated as prospective from 29 March 2018 and could not apply to pre-amendment conduct. In those circumstances, the show-cause notices and consequential recovery action were unsustainable against the foreign exporter.
AI TextQuick Glance (AI)Headnote
Proof of smuggled gold requires corroborated evidence; hearsay statements and call contacts cannot support confiscation, penalty, or burden shifting.
Foreign origin and smuggled character of seized gold must be established by independent, admissible evidence before the burden of proof shifts to the possessor under the Customs Act. Gold purity evidence does not prove foreign origin, while a hearsay statement lacking a demonstrated voluntary basis and call records showing only contact do not establish smuggling without corroboration. Consequently, confiscation and penalty lack a legal basis where the core allegation remains unproved. Restitution requires release of the seized gold to the person from whom it was recovered where unlawful confiscation is set aside and no ownership finding bars release.
AI TextQuick Glance (AI)Headnote
Anticipatory bail in money-laundering cases requires satisfaction of statutory twin conditions despite proclamation proceedings and non-cooperation.
Proclamation proceedings do not impose an absolute statutory bar on anticipatory bail; the circumstances behind the proclamation, the nature of the offence, and the applicant's conduct remain material to discretionary relief. In money-laundering matters, the twin bail conditions apply to anticipatory bail. Prima facie material showing conscious involvement with proceeds of crime, including corroborated financial and documentary evidence, may defeat pre-arrest protection where the applicant cannot show reasonable grounds of non-guilt and a low risk of further offending. Persistent evasion of lawful investigative directions, the statutory presumption relating to proceeds of crime, and the gravity of economic offences weigh against relief.
AI TextQuick Glance (AI)Headnote
Statutory GST appeal remedy and mandatory pre-deposit bar writ relief where limitation was not pursued and service was not disputed.
A writ challenge to a GST demand and the first appellate order was found not maintainable where the assessee had an effective statutory appellate remedy, failed to pursue it within limitation, and did not show that the notices or order were not served through the GST portal. The record also showed non-appearance in the appellate hearing and no application for condonation of delay. The court further noted that writ jurisdiction should not be used to bypass the statutory appeal mechanism or the mandatory pre-deposit requirement, and the proper course was to pursue the GST Tribunal remedy.
AI TextQuick Glance (AI)Headnote
Share trading losses treated as genuine where documentary evidence outweighed general allegations of scrip manipulation.
Share trading losses were treated as genuine where the assessee produced contract notes, demat statements, bank records and proof of STT, and the trades were routed through recognised exchange mechanisms. General investigation material about manipulation in the relevant scrips was insufficient to disallow the loss without independent evidence linking the assessee to price rigging or accommodation entries. In the absence of any SEBI finding or other direct nexus evidence, the addition was founded on suspicion rather than proof. The loss was accepted as bona fide, and the disallowance in the Revenue's appeal was deleted.

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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