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Case Laws
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AI Text Quick Glance by AI Headnote
AI TextQuick Glance (AI)Headnote
Year-wise capital-gains taxation applies to separate sale deeds, while valuation, deductions and duplicate-tax relief require fresh determination.
Capital gains from independently registered sale deeds accrue in the respective assessment years of transfer, rather than collectively in one year. Reassessment may be sustained where returns were only processed under section 143(1) and subsequent scrutiny information indicates transfers in other years. Stamp-duty valuation, indexed cost and proportionate capital-gains computation require fresh factual examination. Deduction claims for eligible reinvestment may be considered in appellate proceedings despite no revised return. Tax relief is required to prevent the same capital gains being taxed twice across assessment years. Concealment penalties do not apply where transactions were disclosed, the year of taxability was debatable, and additions partly arose from deeming valuation.
AI TextQuick Glance (AI)Headnote
Defective criminal charges remain curable where accused had notice and suffered no prejudice, preventing an unnecessary de novo trial.
Errors or omissions in framing or signing criminal charges invalidate a trial only where the accused was misled and a failure of justice resulted. Substantial compliance exists where charges were recorded and acted upon, the accused had notice of the allegations and their roles, and they effectively defended themselves through cross-examination. An unsigned charge is a curable procedural irregularity under Sections 215 and 464 Cr.P.C. absent demonstrated prejudice. A de novo trial remains an exceptional remedy, limited to serious illegality, jurisdictional defect, denial of material evidence, or real failure of justice. Where proceedings substantially progressed and evidence was recorded, a fresh trial is unwarranted for a curable charge defect; prior evidence remains available for completion of the trial.
AI TextQuick Glance (AI)Headnote
Agricultural land capital-gains exemption covers third-party cultivation when evidence establishes qualifying agricultural use and replacement land is timely acquired.
Exemption for capital gains on transfer of agricultural land under Section 54B applies where the land was used for agricultural purposes during the two years before transfer and replacement agricultural land was acquired within the prescribed period. Agricultural use may be established through revenue and registration records, subsidy receipts, orchard photographs and prior accepted agricultural-income disclosures. Personal cultivation is not required: cultivation by local villagers or other third parties constitutes agricultural use. The absence of produce-sale or cultivation-expense bills does not negate consistent evidence of cultivation. Comparable acceptance of an identical claim involving the same survey land may support the factual position where no material distinction exists.
AI TextQuick Glance (AI)Headnote
Public-benefit charitable and religious objects support Section 12AB registration despite ancillary community-related trust objects.
Registration under Section 12AB cannot be refused merely because some trust objects relate to a particular community where its dominant charitable and religious objects and activities benefit the public at large. Free eye camps and concessional food distribution showed genuine public charitable activity without caste or religion-based restrictions. The statutory bar does not apply solely because a trust has certain community-related objects alongside broader charitable and religious purposes. Questions on income application or compliance with statutory restrictions are to be examined at the assessment stage. Registration was therefore directed to be granted.
AI TextQuick Glance (AI)Headnote
Factual verification of bonus deductions and duplicated interest income is required before tax disallowances or additions can stand.
Employee bonus disallowance under section 36(1)(ii) requires examination of the tax auditor's clarification and whether the payment was otherwise payable as profits or dividend; where the audit reporting is claimed to be erroneous and payment is claimed within the section 43B framework, the matter requires fresh factual consideration. The issue is restored to the Assessing Officer. Interest income alleged to have been reported twice and previously assessed in the transferor entity's hands must be verified from departmental records before sustaining an addition. That issue is also restored for re-examination. The core principle is that verifiable material supporting a tax claim cannot be conclusively rejected without inquiry.
AI TextQuick Glance (AI)Headnote
Section 54F deduction for pre-amendment multiple residential units survives plan deviations and incomplete bank statements when timely construction is established.
Pre-amendment section 54F applicable to Assessment Year 2009-10 did not restrict capital-gains deduction to construction of a single residential unit; replacement of "a residential house" with "one residential house" operated prospectively. Construction need not conform to an approved building plan, nor is production of statutory approval a condition for relief, provided a residential house is constructed within the prescribed period. Where an undisputed valuation report establishes timely construction and investment, incomplete bank statements alone do not defeat the claim; concerns regarding the source of investment may be examined separately. The stated conditions for section 54F deduction were therefore satisfied and the related addition was deleted.
AI TextQuick Glance (AI)Headnote
Corporate guarantees without consideration are not taxable services, so reverse charge service tax demand could not survive.
Service tax under reverse charge could not be levied on corporate guarantees issued by an overseas parent company where no consideration was paid. CESTAT held that a service rendered without consideration does not amount to a taxable service, and the record did not establish any payment by the assessee for the guarantees. In the absence of consideration, the Revenue had no basis to sustain the demand. The tax demand was therefore unsustainable, and the connected penalty and interest consequences also did not survive.
AI TextQuick Glance (AI)Headnote
Accommodation entry credits remain taxable as unexplained cash credit despite banking repayment; related interest and commission additions also survive.
Accommodation-entry loan credits can be treated as unexplained cash credits under section 68 where surrounding material shows a shell-entity routing arrangement and the assessee is identified as a beneficiary. Repayment through banking channels, including partial repayment during the year, does not cure the original non-genuine character of the credit. On that basis, the principal addition was sustained, and the related additions for interest and estimated commission also remained allowable as consequential to the same unexplained credit.
AI TextQuick Glance (AI)Headnote
IGST rate classification for CTH 8483 parts: lower 18% schedule applied after the 2017 amendment
Imported parts of diesel engines and earth moving equipment classified under CTH 8483 are discussed as attracting IGST at 18% after Notification No. 35/2017-IT(RT) inserted Sl. No. 369A in Schedule III for plain shaft bearings under CTH 8483 and omitted those words from Schedule IV. The later amendment by Notification No. 43/2017-IT(RT) is stated not to have displaced the applicability of Sl. No. 369A. On that basis, the Revenue position that the goods continued in Schedule IV at 28% was rejected, and the lower rate was treated as applicable to the importer.
AI TextQuick Glance (AI)Headnote
Limitation and debt proof under insolvency proceedings: continuing guarantee, default evidence, and conflict objection did not defeat admission.
In proceedings under Sections 95 and 100 of the Insolvency and Bankruptcy Code, a continuing guarantee invoked by demand is enforceable from the date of demand, so the limitation objection failed where the petition was filed within time after the demand and default dates. The record was also sufficient at the admission stage to show financial debt and default, based on the guarantee and acknowledgment, audited balance sheets showing borrowings, and the admitted claim in liquidation proceedings; differences in amounts were treated as arising from different cut-off dates. An alleged conflict of interest of the resolution professional did not by itself invalidate the admission order, though substitution could be considered. The admission order was left undisturbed.
AI TextQuick Glance (AI)Headnote
Limitation under the Black Money Act starts only after service of notice; pre-notice days cannot be excluded from assessment time.
Service of notice under section 10(1) is the jurisdictional trigger for assessment proceedings under the Black Money Act, and the limitation under section 11(1) can be extended only by excluding time that falls within the running assessment period. A period preceding service of notice cannot be treated as excludable under Explanation 1(iii), because exclusion presupposes an existing limitation timeline. On the stated facts, only the period from 25.11.2020 to 25.05.2021 was excludable, and the assessment order had to be passed by 29.09.2023. The order dated 30.09.2023 was therefore time barred, without jurisdiction, and non est in law.
AI TextQuick Glance (AI)Headnote
Unexplained investment under section 69 upheld where seized material showed flat payments and source of cash remained unproved.
Seized material showing payments towards a flat, together with the assessee's failure to satisfactorily explain the source of the related cash component, justified treatment of the balance as unexplained investment under section 69 of the Income-tax Act, 1961. Only part of the payment was explained through banking channels, while the remaining adjustment entries in the seized document lacked supporting evidence. In the absence of rebuttal before the Tribunal or any credible material to establish source, the addition was upheld against the assessee.
AI TextQuick Glance (AI)Headnote
Foreign buyer commission not export proceeds absent exporter's receivable entitlement; FEMA penalty fails on that basis.
A foreign buyer's commission paid directly to a foreign agent was not treated as export proceeds of the Indian exporter because it was not shown to be legally due to the exporter or part of its receivable export value. The RBI Master Circular on agency commission was held inapplicable where the exporter itself made no commission payment. On that basis, the alleged FEMA contravention and penalty could not stand absent proof of recoverable foreign exchange entitlement or under-realisation. The prior customs settlement did not bar FEMA proceedings, but it did not alter the result on the merits under FEMA.
AI TextQuick Glance (AI)Headnote
Form FC-GPR reporting delay cannot be fastened on company where authorised dealer bank caused the forwarding lapse.
Delayed reporting of Form FC-GPR under FEMA could not be attributed to the company where the evidence showed that the form and supporting documents had been lodged with the authorised dealer bank and acknowledged by it. The bank's later correspondence to RBI also indicated uncertainty about when the documents were forwarded and sought condonation of its own delay. On that record, the alleged reporting contravention was not proved against the company, and the penalty was unsustainable. The adverse FEMA finding was set aside, with consequential refund of the pre-deposit.
AI TextQuick Glance (AI)Headnote
GST rectification notice is required only for adverse orders; no enhancement leaves the statutory appeal remedy open.
Notice or hearing under the third proviso to Section 161 of the GST Act is required only when rectification is adverse by enhancing or worsening the assessee's position. Where the rectification order does not increase the existing tax liability or disturb the original demand, absence of prior notice does not justify writ interference. The appropriate course is to pursue the statutory appellate remedy, and the appellate authority may consider delay in light of the rectification proceedings and the writ proceedings. The writ challenge on want of notice was therefore not entertained, and liberty remained to raise all available grounds in appeal.
AI TextQuick Glance (AI)Headnote
Bad debt deduction after write-off requires no proof of actual irrecoverability when statutory conditions are met.
After the statutory amendment and the principle in TRF Ltd., a bad debt deduction is available where the debt is written off in the accounts and has been taken into account in computing income, subject to section 36(2). The assessee produced party-wise ledgers and records showing that the amounts arose from earlier credited sales and were later written off as irrecoverable. Actual proof of irrecoverability was not required once the write-off and statutory conditions were satisfied. On the material recorded, the conditions were treated as met and the bad debt claim was allowable.
AI TextQuick Glance (AI)Headnote
Penalty for disallowed claims requires proof of concealment or inaccurate particulars, not merely a different assessment view.
Penalty under section 271(1)(c) of the Income-tax Act was not leviable on additions arising from disallowance of depreciation and section 14A disallowance because the assessment adjustments did not show concealment of income or furnishing of inaccurate particulars. The section 14A issue was treated as a legal question, and the assessee had made a suo motu disallowance in the return. A mere rejection of the claim, or the adoption of a different quantum view, was held insufficient to sustain penalty where the relevant particulars were disclosed and the claim was not found false. The deletion of penalty was upheld.
AI TextQuick Glance (AI)Headnote
Tax deduction on External Development Charges to HUDA upheld under section 194C, validating the demand for non-deduction.
External Development Charges paid to HUDA were treated as payments attracting tax deduction at source under section 194C, following the Delhi High Court view in Puri Construction Pvt. Ltd. Because no contrary authority was shown, the demand raised under section 201(1) read with section 201(1A) for non-deduction of tax at source was upheld, and the first appellate authority's deletion was set aside.
AI TextQuick Glance (AI)Headnote
Rectification power under section 154 cannot be used for debatable TDS-linked disallowance of interest expenditure.
Rectification under section 154 was not available where the proposed disallowance of interest expenditure depended on whether tax was required to be deducted or deposited at source, because that issue was not a patent error apparent from the record. The allowability of the expenditure and the effect of the alleged TDS default required examination and interpretation, making the matter at least debatable and outside the limited rectification power. As the original assessment had accepted the claim, the statutory conditions for section 154 were not met, and the deletion of the addition was sustained.
AI TextQuick Glance (AI)Headnote
Reasonable cause under the Income-tax Act defeated penalty where the Tribunal followed its earlier finding in the assessee's own case.
Penalty under section 272A(2)(g) was found unwarranted where reasonable cause under section 273B was established. The Tribunal followed its earlier order in the assessee's own case on similar facts and accepted that the failure was supported by reasonable cause, leaving no basis to interfere with the appellate order deleting the penalty. It also noted that the defaults related to different periods, but treated the earlier finding on reasonable cause as governing the merits. The Revenue's appeal was dismissed.

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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