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Case Laws
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AI Text Quick Glance by AI Headnote
AI TextQuick Glance (AI)Headnote
Project-specific insolvency limits Section 7 default to due interest and confines CIRP to the concerned real estate project.
The Section 7 default had to be confined to unpaid quarterly interest, because the debenture trust deed had extended principal redemption to 30.06.2024 and the principal amount was not yet due when the application was filed; the larger principal claim was therefore incorrect. Debt and default were nevertheless proved through repeated non-payment, the demand notice, and information utility authentication, and payment during pendency did not erase the existing default. In a real estate financing arrangement where the debenture deed, security package, and monitoring rights were project-specific, project-wise insolvency was permissible, so CIRP could be restricted to the concerned project alone and not extend to unrelated projects of the corporate debtor.
AI TextQuick Glance (AI)Headnote
Recovery of possession in insolvency can proceed before the Adjudicating Authority when corporate debtor assets are unlawfully occupied.
Where premises belong to the corporate debtor and are in unauthorised occupation, the Resolution Professional may seek recovery of possession before the Adjudicating Authority as part of the duty to control, preserve and protect the debtor's assets. Such relief has a direct nexus with the insolvency process and need not wait for a separate civil suit. A claimant must, however, establish a legally enforceable tenancy, leasehold right, or licence through proper pleadings and evidence; a mere permission to store goods is insufficient. An interim civil court order will not bar insolvency adjudication where it preserves eviction in accordance with due process of law.
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Interim moratorium under the Insolvency Code bars fresh Section 95 proceedings and cannot be cured by later withdrawal of the prior application.
An interim moratorium under Section 96 begins on the filing of a Section 95 application and bars fresh creditor proceedings in respect of the same debt. A later Section 95 application filed while that moratorium was operating was non-maintainable, and the defect was not cured by the subsequent withdrawal of the earlier application, because proceedings instituted in breach of the statutory bar are non est when filed and cannot be validated retrospectively. The resulting admission orders could not stand, and the issue was resolved in favour of the appellants.
AI TextQuick Glance (AI)Headnote
Provisional attachment requires nexus to proceeds of crime; disputed acquisition date can sustain attachment pending proof.
Provisional attachment under the Act requires a nexus with proceeds of crime, and an order is not invalid merely because the statutory basis is not separately elaborated where the order itself records that basis. Property allegedly acquired before the scheduled offence cannot be attached if it has no connection with criminal activity, but where the date of acquisition is disputed and remains unproved, the attachment will not be disturbed at the appellate stage.
AI TextQuick Glance (AI)Headnote
Covid-19 limitation directions extended the filing window, and a central excise appeal filed on 30 May 2022 was within time.
The statutory appeal under Section 35 of the Central Excise Act, 1944 carried a 60-day filing period with a further 30 days' condonable delay on sufficient cause. The Supreme Court's Covid-19 limitation directions excluded the period from 15.03.2020 to 28.02.2022 and allowed an additional 90 days from 01.03.2022 where limitation had expired during that period. Applying those directions, the HC held that the Tribunal had construed the extension too narrowly and that an appeal filed on 30.05.2022 was within limitation, especially as 28.05.2022 fell on a Saturday and 29.05.2022 on a Sunday. The dismissal as time-barred was unsustainable.
AI TextQuick Glance (AI)Headnote
Unexplained bank credits treated as accommodation entries; full addition and related penalty upheld where genuine trading was not proved.
Bank credits were treated as unexplained income where the transaction pattern indicated routing of funds and accommodation entries, and the assessee failed to substantiate genuine fabric trading with dispatch and delivery records. The Tribunal held that restricting the addition to alleged commission income was incorrect and sustained the full addition under section 69A. Because the substantive addition survived, the penalty under section 271(1)(c) was also maintained. The Revenue's appeals therefore succeeded, with both the addition and the related penalty upheld.
AI TextQuick Glance (AI)Headnote
Documentary proof, valuation method and unrebutted cash trail determine whether loan, premium and deposit additions stand.
Unsecured loan credits may be accepted under section 68 where the assessee substantiates identity, creditworthiness and genuineness through PAN, audited financials, bank records and lender confirmation, and the Revenue offers no contrary evidence. Share premium valuation under section 56(2)(viib) must be tested by the applicable valuation method for the relevant year; a book value method report was accepted where the merchant banker requirement was found inapplicable. Cash deposits were also explained by cash books, bank statements and audited records showing earlier withdrawals and business-linked cash availability, leaving no basis for the addition in the absence of rebuttal evidence.
AI TextQuick Glance (AI)Headnote
Specific statutory limb under section 270A is essential; vague misreporting allegations cannot support enhanced penalty.
Penalty under section 270A requires the notice and penalty order to identify the precise statutory basis of the alleged default. Under-reporting and misreporting are distinct limbs with different penal consequences, and a higher penalty for misreporting cannot rest on an unspecified clause or vague allegation. Where proceedings were initiated for under-reporting but penalty was imposed at the misreporting rate without identifying the applicable misreporting limb, the levy was unsustainable. Disclosure of the relevant income particulars in the return, without evidence of misreporting or actionable under-reporting, also precluded the penalty. The penal levy was therefore deleted.
AI TextQuick Glance (AI)Headnote
Transferor-wise threshold under TDS on property purchases prevails; no default arises where each co-owner's share is below limit.
Section 194-IA was held inapplicable where immovable property was purchased from multiple co-owners and the consideration attributable to each transferor was below the statutory threshold. The provision, as applicable for the relevant year, did not permit aggregation of consideration across co-owners; that aggregation amendment was inserted by the Finance Act, 2024 with prospective effect from 01.04.2024. Applying transferor-wise testing, the demand under section 201(1) could not survive because the buyer was not an assessee in default, and consequential interest under section 201(1A) also failed.
AI TextQuick Glance (AI)Headnote
Unexplained cash deposit claim fails where demonetisation cash is traced to disclosed silver bullion sales and accepted evidence.
Cash deposits during the demonetisation period were not treated as unexplained under section 69A because the assessee substantiated that they came from sale proceeds of silver bullion disclosed and taxed under the Income Disclosure Scheme, 2016. The disclosure form, sale pattern in tranches, and computation of short-term capital gains supported the explanation, and the fact that the assessee was not engaged in bullion trading did not by itself make the sale implausible. The ITAT Agra therefore deleted the addition and directed taxation of the short-term capital gains on substantive basis.
AI TextQuick Glance (AI)Headnote
Foreign tax credit cannot be denied solely for late Form 67 filing where treaty relief remains substantively available.
Foreign tax credit under the treaty framework could not be denied merely because Form No. 67 was filed after the return due date. The ITAT held that Rule 128(9) prescribes the manner and time for furnishing the form, but does not state that delayed filing extinguishes the substantive credit. Filing Form No. 67 was treated as a procedural requirement, not a mandatory condition overriding treaty-based relief under section 90 of the Income-tax Act, 1961. Since the assessee had offered the foreign income to tax in India and claimed the credit on merits, the delay alone did not justify rejection of the claim.
AI TextQuick Glance (AI)Headnote
Rutile ore classification turns on special treatment evidence, with exemption, limitation, confiscation and penalty depending on accurate description.
Imported rutile goods were treated as ores, not concentrates, because only normal physical or mechanical processes were shown and no special treatment altering chemical composition or structure was established. On that basis, exemption from additional duty was held admissible. The record also showed that the Bills of Entry matched supplier documents and test certificates, so misdeclaration or wilful suppression was not made out. As a result, the extended period of limitation could not be invoked, and confiscation and penalty were unsustainable because they depended on an established false declaration or intent to evade duty.
AI TextQuick Glance (AI)Headnote
Principal use test classifies dedicated bearing assemblies as motor vehicle parts, while tariff interpretation alone cannot sustain penalties.
Imported bearing assemblies designed and used solely or principally as motor vehicle parts fall under CTH 8708 rather than CTH 8482. Classification must first follow the relevant tariff section and chapter notes; Section XVI and Section XVII, read with Note 3 to Section XVII, require application of the principal use test before resorting to the General Rules for Interpretation. The classification of the goods as motor vehicle parts is therefore sustained. Penalty is not sustainable merely because of a tariff-classification dispute where the recorded facts show no additional basis for penal action; the penalties are consequently set aside.
AI TextQuick Glance (AI)Headnote
Importer status and Customs penalty principles: furnishing licences and guarantees alone does not create duty liability, but facilitative conduct can still attract penalty.
A person who merely furnishes advance licences, end-use bonds and bank guarantees, or is shown as the account party, is not treated as the importer where the Bills of Entry and statutory declarations are filed by clearing firms; duty liability under the Customs Act therefore does not arise on that basis. Misdeclaration is not established unless the person is shown to have made, instructed, or knowingly approved the false description. Confiscation and redemption fine cannot stand without a valid basis for goods becoming liable to confiscation in that person's hands. However, facilitative conduct that enables improper clearance under a conditional exemption scheme may still attract penalty where it materially contributes to the liability of the goods to confiscation.
AI TextQuick Glance (AI)Headnote
Related-party objection in insolvency failed where prior resignations and shareholder records did not show defect in liquidation
A challenge to liquidation and dissolution failed where the alleged related-party objection was not supported by the record. The tribunal noted that M.S. Balaji had resigned from the corporate debtor and the operational creditor well before admission of the insolvency application, and the appellant did not establish that the operational creditor was reflected as a shareholder in the relevant annual returns. The claim of 27% shareholding was found to concern Kasa Anlagen India Private Limited, not M.S. Balaji personally. No factual or legal error was shown to justify interference, so the liquidation and dissolution orders remained undisturbed.
AI TextQuick Glance (AI)Headnote
Terminated concession agreements cannot be compulsorily revived through CIRP enforcement; lawful conciliation or arbitration remains available.
A concession agreement terminated before commencement of CIRP could not be treated as capable of mandatory revival through the insolvency process. The NCLAT held that the Adjudicating Authority could not compel revival of a contract that had already ended years earlier, and the direction enforcing the resolution plan could not extend to such revival. The impugned order was therefore impermissible to that extent. The parties were, however, left free to pursue conciliation or arbitration in accordance with law, including any lawful request for revival, but without a compulsory tribunal mandate.
AI TextQuick Glance (AI)Headnote
Section 65 IBC requires specific proof of fraud or malice; a post-default NOC dispute cannot defeat insolvency.
A Section 65 IBC challenge requires specific pleadings and cogent material showing fraudulent or malicious initiation of insolvency proceedings. The application failed because no such material was produced, and the grievance over non-issuance of no-objection certificates was treated as a post-default issue that did not defeat the statutory consequences of admitted default. The availability of possession during CIRP and the effect of Regulation 4E of the CIRP Regulations also showed that the allottee-related grievance did not justify invoking Section 65. The rejection of the Section 65 plea was therefore sustained, and the insolvency admission process was left undisturbed.
AI TextQuick Glance (AI)Headnote
Physical movement is essential for removal of capital goods; invoice issuance alone does not trigger CENVAT credit reversal.
Mere issuance of an invoice for moulds does not amount to removal of capital goods under Rule 3(5) of the CENVAT Credit Rules, 2004 when the moulds remain physically in the factory and continue to be used in manufacture. On that footing, reversal of CENVAT credit is not attracted where the goods are retained as part of the production process. The discussion also notes that extended limitation depends on fraud, suppression, wilful misstatement, collusion, or intent to evade duty, and is not available where the matter is disclosed in statutory records and turns only on interpretation. Interest and penalty follow the fate of the underlying duty demand and require their own legal foundation.
AI TextQuick Glance (AI)Headnote
Post-clearance sale of manufactured vehicles was not trading, and Rule 6 credit reversal failed without proof of exempted service nexus.
Post-clearance sale of vehicles manufactured on job work basis through Regional Sales Offices was not trading, because the goods were first manufactured and cleared on payment of duty and no independent purchase-resale activity was shown. Rule 6(3) of the CENVAT Credit Rules, 2004 did not apply because no separate exempted service or identifiable common input service nexus with alleged trading was established, so credit reversal or payment was not warranted. The extended limitation also failed since the transactions were disclosed in statutory records and no suppression or wilful misstatement was proved; the penalties based on the demand therefore could not survive.
AI TextQuick Glance (AI)Headnote
CENVAT credit, place of removal and limitation turn on contract terms, buyer acceptance and disclosure in records.
CENVAT credit distributed through Input Service Distributor invoices remains open to scrutiny at the recipient unit, and its admissibility still depends on the input service definition and the surrounding facts. Courier services used to move finished goods to customers may qualify as input service where the contract makes delivery, installation, commissioning and buyer acceptance integral to supply. On those terms, the buyer's premises can be treated as the place of removal, and a boilerplate invoice clause on transit risk cannot displace the contract. Where credit was disclosed in statutory records and no wilful suppression or intent to evade was shown, the extended limitation period is not available, and interest and penalty cannot survive.

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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