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Case Laws
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AI Text Quick Glance by AI Headnote
AI TextQuick Glance (AI)Headnote
Pecuniary jurisdiction for section 143(2) notice is mandatory; a notice by the wrong officer vitiates assessment.
A notice under section 143(2) issued by an officer lacking the prescribed pecuniary jurisdiction was treated as a jurisdictional defect, because CBDT instructions vested exclusive authority in the proper rank for metro corporate cases. The defect was held to go to the root of the assumption of jurisdiction rather than a mere irregularity in service, so section 292B could not cure it. On that basis, the assessment framed under section 143(3) was invalid and the assessment order was quashed for want of a valid notice by the competent authority.
AI TextQuick Glance (AI)Headnote
Bright line test cannot sustain transfer pricing adjustment for AMP expenses where prior decisions cover the issue.
The Delhi ITAT reiterated that delay in filing an appeal may be condoned where administrative transfer of charge and other stated circumstances furnish sufficient cause, and the 520-day delay was accepted on that basis. On transfer pricing, it held that an adjustment for advertising, marketing and promotion expenses could not be sustained by applying the bright line test, especially where the issue was already covered by earlier and later years and no distinguishing facts or change in law was shown. The relief granted by the first appellate authority was therefore left undisturbed.
AI TextQuick Glance (AI)Headnote
Service of notice under Section 143(2) is mandatory for scrutiny assessment; non-service makes the assessment invalid.
Service of notice under Section 143(2) is a mandatory jurisdictional prerequisite for completing scrutiny assessment under Section 143(3) of the Income-tax Act. As the record showed that the notice had bounced and was not served on the assessee, the Tribunal found the assessment legally unsustainable and held that the defect went to the root of jurisdiction. The appellate authority's order annulling the assessment was therefore sustained, and the Revenue's challenge failed.
AI TextQuick Glance (AI)Headnote
Unexplained investment addition fails where shares were acquired earlier and the assessment rests only on an investigation report.
An addition as unexplained investment could not be sustained in the relevant assessment year where the shares in question had been acquired in an earlier year, no sale had taken place during the year, and no long-term capital gain had been declared for that year. Reassessment based only on an investigation report, without independent verification by the Assessing Officer, was insufficient to support the section 69A addition. The addition was therefore held unsustainable and deleted.
AI TextQuick Glance (AI)Headnote
Section 153C jurisdiction requires a satisfaction note linking seized material to total income; absent that link, assessments fail.
For valid assumption of jurisdiction under section 153C, the satisfaction note must expressly record that the seized material has a bearing on determination of the assessee's total income. As this essential linkage was not recorded, the statutory basis for the proceedings was deficient. The assessments were therefore treated as invalid and non est, and the jurisdictional challenge succeeded. The Revenue's appeals were dismissed and the cross objections were allowed.
AI TextQuick Glance (AI)Headnote
Cash deposits linked to recorded sales cannot be taxed again when books and returns support the source.
Cash deposits during the demonetisation period were treated as explained business receipts where the assessee produced cash book entries, bank statements, cash sales details, VAT returns and audited financial statements, and the books of account were not rejected. On those facts, an addition based only on the deposits was held unsustainable because the sales had already been accepted as recorded turnover, and taxing the same receipts again would amount to duplicative taxation. Reference to section 40A(3) did not displace the evidentiary value of the records supporting the source of the cash deposits.
AI TextQuick Glance (AI)Headnote
Charitable registration cannot be cancelled merely because activities are funded through inter-entity contracts when beneficiaries receive services free.
Contractual receipts between two charitable entities do not by themselves negate charitable character where the trust's objects, beneficiary details and supporting documents show that services were extended to students and candidates from government schools without monetary consideration. The ITAT Delhi noted that the factual and legal basis for treating the activity as paid service had not been properly examined. It therefore held that cancellation of approval or registration could not be sustained without fresh inquiry, and restored the matter to the Commissioner of Income-tax (Exemption) for reconsideration on merits, leaving the substantive question open.
AI TextQuick Glance (AI)Headnote
Deemed dividend requires proof of an actual loan or advance; presumptive cash generation cannot sustain the addition.
Deemed dividend under section 2(22)(e) was held unsustainable because there was no evidence of any actual advance or loan by the company to the shareholders or directors. The addition had been built on a disallowance of bogus purchases and on assumptions about presumed dividend distribution, but a fiscal charging provision must be construed strictly and its deeming fiction cannot be extended beyond its clear terms. On that basis, the addition was deleted in full and the assessees succeeded while the Revenue's cross appeals failed.
AI TextQuick Glance (AI)Headnote
Documentary evidence defeated alleged bogus long-term capital gains claim where suspicion and general investigation material were insufficient.
Long-term capital gains exemption on share sale was sustained where the assessee proved purchase through banking channels, demat records, contract notes, bank statements and sale through a recognised stock exchange. The Revenue relied mainly on general investigation material, alleged penny stock manipulation and price rise, but produced no direct evidence linking the assessee to any entry operator, broker misconduct or sham arrangement, and no independent enquiry rebutted the documentary trail. On these facts, the addition for alleged bogus capital gains and unexplained expenditure did not survive, and the deletion of the addition was upheld.
AI TextQuick Glance (AI)Headnote
Draft assessment order requirement under section 144C was mandatory; omission vitiated the assessment and denied DRP remedy.
Where a remanded transfer pricing assessment fell within section 144C of the Income-tax Act, 1961, the Assessing Officer was required to issue a draft assessment order before passing the final order. The omission to do so deprived the assessee of the statutory right to approach the Dispute Resolution Panel, and the defect was held to vitiate the assessment proceedings. The tribunal treated the remand as fresh assessment proceedings, admitted the additional legal ground, and held that non-compliance with section 144C(1) was not a mere irregularity or curable procedural lapse. The assessments were therefore invalid.
AI TextQuick Glance (AI)Headnote
Treaty reorganisation exception applies to group-level share buy-backs forming part of corporate restructuring under the India-Netherlands DTAA.
Buy-back of shares by an Indian subsidiary can fall within the treaty phrase "corporate organisation, reorganisation, amalgamation, division or similar transaction" under Article 13(5) of the India-Netherlands DTAA where, in ordinary legal sense and read with domestic law, it forms part of a group-level restructuring that materially changes the company's financial structure. The analysis relied on recognised meanings of reorganisation and corporate restructuring guidance, and rejected a narrow reading that would undermine the treaty exception. On the facts, the share buy-back was treated as such a restructuring transaction, so the resulting gains were taxable only in the Netherlands and not in India.
AI TextQuick Glance (AI)Headnote
Reassessment sanction defect invalidates notice when approval under section 151(ii) is missing for a notice issued after three years.
A reassessment notice issued beyond three years from the end of the relevant assessment year required approval from the Principal Chief Commissioner of Income Tax or equivalent authority under section 151(ii). Approval obtained only from the Principal Commissioner was insufficient, so the sanction did not meet the statutory threshold. Separate valid sanction was also necessary for issuance of the section 148 notice and the section 148A(d) order, and approval at the earlier section 148A(b) stage could not cure the defect. The jurisdictional lapse vitiated the reassessment process, and the notice and consequential proceedings were held liable to be quashed in favour of the assessee.
AI TextQuick Glance (AI)Headnote
Low tax effect bar and section 115BBE timing: Revenue appeal dismissed, with higher rate inapplicable to pre-2017 transactions.
Revenue appeals are not maintainable where the tax effect, computed on the basis of additions under the normal provisions, falls below the CBDT-prescribed monetary limit and the assessee's computation is not disputed. The higher rate under section 115BBE of the Income-tax Act cannot be used to enhance tax effect for transactions occurring before 01.04.2017. On that basis, the appeal was dismissed for low tax effect, while the applicability of section 115BBE was treated as inapplicable to the relevant transactions and the substantive issues were left open.
AI TextQuick Glance (AI)Headnote
ESOP cross-charge treated as revenue expenditure, with employee compensation cost held allowable under business expenditure principles.
ESOP cross-charge incurred by an Indian entity for shares granted to employees by a foreign parent was treated as employee compensation cost incurred to secure and retain services during the vesting period, and was held allowable as revenue expenditure under section 37(1). The binding jurisdictional precedent was applied to hold that the discount or cross-charge is expenditure for business purposes and that the liability is ascertained rather than contingent. The fact that the parent issued the shares did not change the character of the payment in the Indian entity's hands, and the pendency of a challenge before the Supreme Court did not displace the jurisdictional High Court ruling, so the disallowance was deleted.
AI TextQuick Glance (AI)Headnote
Customs penalties need evidentiary linkage and cooperation can defeat penalty for non-appearance to summons.
Penalty under Section 112 of the Customs Act cannot be sustained without evidence linking the person to the alleged offence; the record showed only a business relationship with the consignor, so the penalty was set aside. Penalty under Section 117 is not justified merely because summons were not attended when the person's statement was recorded and cooperation with the investigation was established; that penalty was also set aside. Both penalties were annulled and consequential relief followed.
AI TextQuick Glance (AI)Headnote
Customs valuation and extended limitation: freight and insurance loading may stand, but suppression must be proved for extended time limit.
Freight and insurance may be added to declared FOB value where the importer cannot produce cogent material showing that transportation and insurance costs were nil or that FOB and CIF values were identical; on the facts, the invoice terms and lack of proof supported loading of assessable value. By contrast, the extended limitation period cannot be invoked without proof of conscious suppression or wilful misstatement, and a valuation dispute with full disclosure and revenue-neutral consequences does not by itself satisfy that threshold. The material thus illustrates the distinction between valuation adjustment on merits and the stricter requirement for invoking extended limitation under customs law.
AI TextQuick Glance (AI)Headnote
Declared transaction value prevails in customs valuation unless reasonable doubt is first recorded under the valuation rules.
Customs valuation must start from the declared transaction value, and it may be rejected only where the proper officer records reasonable doubt about its truth or accuracy under Rule 12 before moving sequentially to alternative methods. Where imported goods were supported by invoice and banking documents, and the Department relied mainly on a later isolated comparison without first displacing the declared value on cogent grounds, enhancement of assessable value was unsustainable. The duty and interest paid under protest were treated as not lawfully payable, and refund with applicable interest followed.
AI TextQuick Glance (AI)Headnote
Customs valuation and limitation: freight and insurance were added to FOB, but extended period failed for lack of suppression.
Freight and insurance were required to be loaded into the declared FOB value for customs valuation where the importer could not document that the transaction was truly on CIF terms or that transport and insurance were nil and ascertainable; the invoice terms also indicated buyer's risk and supported loading under the valuation rules. The extended limitation period was not available because the importer had disclosed the FOB value and sample declarations showed nil freight and insurance, while the Department failed to prove conscious suppression or wilful misstatement. The dispute was treated as interpretative and revenue neutral, so the demand was time-barred and the penalty did not survive.
AI TextQuick Glance (AI)Headnote
Customs penalty liability for misuse of a CHA licence upheld where omission facilitated attempted export of prohibited goods.
Penalty under Section 114 of the Customs Act, 1962 was treated as sustainable where a Customs House Agent permitted use of his licence without due diligence and thereby facilitated an attempted export of prohibited red sanders. The provision was applied on the basis that liability can arise from an act or omission rendering goods liable to confiscation under Section 113, without requiring proof of conscious and knowing involvement for that limb, while abetment remains separately covered. On the stated findings, the agent's lack of supervision and permission for misuse of the licence formed part of the transaction leading to attempted smuggling, and the penalty was upheld.
AI TextQuick Glance (AI)Headnote
Limitation under the Insolvency Code runs from open-court pronouncement, and the 45-day outer limit bars late appeals.
An appeal under Section 61(2) of the Insolvency and Bankruptcy Code, 2016 must be filed within 30 days, with only a further 15 days available for condonation. Limitation runs from the date of pronouncement of the order in open court, not from the date of uploading, and uploading is only an administrative step. On that basis, an appeal filed after the 45-day outer limit was treated as beyond time, leaving the appellate tribunal without jurisdiction to entertain it. The merits of the underlying restoration challenge were not examined because the limitation bar was decisive.

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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