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Case Laws
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AI Text Quick Glance by AI Headnote
AI TextQuick Glance (AI)Headnote
Corporate debtor assets omitted from the information memorandum can still vest in the resolution applicant after plan implementation.
Assets of a corporate debtor discovered after approval and implementation of a resolution plan, but not disclosed in the information memorandum, are treated as the corporate debtor's assets where they pre-existed the insolvency commencement date. Regulation 36 requires disclosure of assets and liabilities, but does not expressly require disclosure of contingent assets, and Regulations 37 to 39 do not create a rule that omission from the information memorandum divests title. Applying the resolution-plan framework and the principle that unprovided claims stand extinguished while provided claims are frozen, fixed deposit receipts held as margin money for expired bank guarantees were held to belong to the corporate debtor and, after implementation, to the successful resolution applicant; banks had no right to retain or adjust them absent fraud or deliberate concealment.
AI TextQuick Glance (AI)Headnote
Established financial default requires Section 7 admission despite lending disputes, rejected settlement proposals, pending arbitration, and restructuring.
Section 7 insolvency initiation depends on established financial debt and default, with admission required where the application is complete and no statutory bar applies. Delayed loan disbursal or alleged lending shortcomings do not negate demonstrated default. Rejection of a one-time settlement remains within the lender's commercial discretion, and pending arbitration does not displace an established debt default. Defaults falling outside the protected Section 10A period permit initiation, while omission of the precise default date does not invalidate an application if the record otherwise establishes default. An NPA account continuing in default despite restructuring supports insolvency action rather than an impermissible recovery measure.
AI TextQuick Glance (AI)Headnote
Deemed liability under FEMA cannot survive once the firm's contravention is finally set aside; partner's penalty and confiscation fall.
Section 42 of the Foreign Exchange Management Act, 1999 imposes deemed liability on a firm and on persons in charge of its business only where contravention by the firm is first established. Here, the firm's liability had already been set aside and that decision had attained finality after further appeals were dismissed. On that basis, the Tribunal held that the partner's derivative liability could not survive independently on the same allegations, and the penalties and confiscation against him were unsustainable. The impugned penalty and confiscatory orders were therefore quashed, and the seized amounts and pre-deposit were ordered to be released in the appellant's favour.
AI TextQuick Glance (AI)Headnote
Provisional attachment under PMLA sustained where banking trail linked property to tainted funds and burden to prove innocence was not met.
Property can be provisionally attached under the PMLA where investigation material shows a rational nexus between the asset and proceeds of crime, including indirect derivation or infusion of tainted funds. The plea that the transfers were loans failed because the record showed banking trail evidence and no credible documentary support for a clean source of funds, and attachment was not barred merely because the appellant was not named as an accused. The competent authority's reason to believe was upheld because it rested on statements and financial material indicating layering and concealment risk. Once that material was produced, the appellant had to prove the property was untainted, which was not done.
AI TextQuick Glance (AI)Headnote
PMLA attachment and release of proceeds of crime: liberty preserved to seek release before the Special Court after investor dues are settled.
Attached property treated as proceeds of crime under the PMLA could not be released by the Tribunal itself, but the aggrieved party was given liberty to seek release before the Special Court after settlement of the investors' dues. The statutory scheme recognised a remedy under Section 8(8) of the Prevention of Money Laundering Act, 2002 for property remaining after such settlement, and the Tribunal followed the connected approach adopted in comparable matters. The appeals were disposed of without disturbing the attachment, while preserving the party's right to approach the Special Court for release of the property.
AI TextQuick Glance (AI)Headnote
Pre-2008 input service definition supported Cenvat credit for outward freight, with valid transporter invoices also sustaining credit.
For the period before 01.04.2008, the then-existing definition of "input service" covered services used in relation to clearance of final products from the place of removal, and the text states that this supports Cenvat credit on outward transportation from the place of removal up to the depot or customer; the later amendment applied only prospectively. It also states that transporter invoices are valid documents for inward transportation credit under Rule 9, and that restrictions linked to Notification No. 32/2004-ST apply to the goods transport agency rather than the recipient. On that basis, the text says penalty under Rule 15(1) does not survive where the substantive credit is admissible.
AI TextQuick Glance (AI)Headnote
Stay of tax realization during appeal must be decided on relevant reasons, not refused because merits may be incidentally touched.
The Commissioner's power to stay realization of tax, interest or penalty under Section 17(7) of the Odisha Entry Tax Act, 1999 had to be exercised on reasons relevant to stay while the appeal remained pending before the Tribunal. Refusal on the ground that consideration of the application might touch the merits of the appeal was unsustainable, because any such observations are only tentative and do not bind the Tribunal on the merits. The order was also defective because it did not record proper reasons for declining relief. The refusal to consider the stay application was therefore set aside.
AI TextQuick Glance (AI)Headnote
GST registration cancellation can be reversed after filing pending returns and paying dues under the CGST Rules.
GST registration cancelled for non-filing of returns may be restored where the taxpayer files all pending returns and pays the tax dues, interest and late fee as required under Rule 22 of the CGST Rules, 2017. The proviso to sub-rule (4) allows the proper officer to drop cancellation proceedings on compliance with the prescribed conditions. Where the record shows that pending returns have been furnished and the requisite payments made, the registration can be considered for restoration on verification and in accordance with law.
AI TextQuick Glance (AI)Headnote
Partial deduction for vehicle expenses and protection of supported agricultural income from reclassification as other sources.
Vehicle-related expenditure claimed against business income was allowed only to the extent supported by business nexus, because the assessee failed to prove exclusive use for business; on a reasonable estimate, 60% was permitted and 40% disallowed. Agricultural income was not liable to be reclassified as income from other sources, because ownership of agricultural land, past comparable returns, and the claim of leased agricultural operations sufficiently supported the receipt; the addition was deleted. The decision applies a partial allowance where business use is not fully proved, and rejects recharacterisation of supported agricultural income without contrary evidence.
AI TextQuick Glance (AI)Headnote
Mandatory bid compliance and value maximisation govern resolution plans; belated deposit and flawed scoring justified setting aside approval.
Mandatory bid conditions for a resolution plan were not complied with where the earnest money deposit was credited only after the stipulated deadline; acceptance of such a belated deposit rendered the plan non-responsive and contrary to the request for resolution plan. The approval process was also unsustainable because the evaluation did not properly reflect value maximisation, with inadequate consideration of unsecured and operational creditors and unexplained scoring anomalies favouring the selected applicant. A dissenting financial creditor was held entitled to challenge the approval where illegality, non-compliance and procedural unfairness were alleged. The approval order was set aside, the plan invalidated, and the matter remitted for fresh consideration of the remaining plans in accordance with law.
AI TextQuick Glance (AI)Headnote
Service Tax demand cannot rest on Form 26AS alone; independent proof of taxable service is required, and limitation failed too.
Service Tax demand based only on CBDT data, Form 26AS and ITR figures was held unsustainable because the Revenue made no independent verification or corroborative enquiry to establish rendition of a taxable service under the Finance Act, 1994. The Tribunal found that mechanical reliance on income-tax data could not, by itself, prove service tax liability, and the demand was set aside. As the demand lacked evidentiary support and no suppression with intent to evade tax was shown, the extended period of limitation was not invokable. Interest and penalty also fell with the demand and were annulled.
AI TextQuick Glance (AI)Headnote
Procedural delay in exemption notification filing does not defeat refund when substantive conditions are satisfied.
Delay in filing the statement prescribed under Para 4(a) or Para 5(d) of Notification No. 01/2010-CE was treated as a procedural lapse, not a substantive defect. Because the underlying conditions for the exemption/refund benefit were otherwise satisfied, the belated filing did not defeat admissibility of the claim. CESTAT Chandigarh held that denial of refund solely on account of delayed compliance was unsustainable and set aside the refusal, granting the benefit to the assessee with consequential relief as per law.
AI TextQuick Glance (AI)Headnote
GST profiteering from additional input tax credit requires passing on the benefit, with 18% interest payable on delayed refund.
Additional input tax credit in the post-GST period can trigger profiteering liability where the supplier retains the resulting benefit instead of passing it on through a commensurate price reduction. The document states that a higher credit-to-purchase-value ratio was used to quantify the excess amount payable to buyers, with the profiteered sum computed from the differential and the relevant sales base. It further notes that interest is payable at 18% per annum from the date of collection until refund under Rule 133(3)(b), while penalty is avoided where the amount is deposited or refunded within the statutory period under the proviso to Section 171(3A).
AI TextQuick Glance (AI)Headnote
Financial debt can be proved by records without a written loan agreement; fresh Section 7 petition survives settlement breach.
A written loan agreement is not an absolute prerequisite to prove financial debt under the Insolvency and Bankruptcy Code where bank statements, acknowledgements, promissory notes, TDS records, ledger entries and dishonoured cheques evidence disbursement, interest accrual and time value of money. Withdrawal of an earlier Section 7 petition without express liberty does not bar a fresh petition when breach of a settlement creates a new cause of action; res judicata principles do not prevent such a filing. Where the record establishes debt and default, the Section 7 application should be admitted, and technical objections cannot defeat CIRP initiation.
AI TextQuick Glance (AI)Headnote
Prima facie evidence and witness intimidation risk justified refusal of bail in a violent mob attack investigation.
Bail was refused where the court found a prima facie case from call detail records, witness statements, video footage and recovery material indicating the petitioners' alleged role in mobilising a violent mob, obstructing investigation and influencing witnesses. The court balanced prolonged custody against the gravity of the alleged attack on investigating officials, damage to government property and the risk of tampering with evidence or intimidating witnesses, and held that the co-accused on bail were not similarly circumstanced. Delayed recording of some witness statements was treated as a matter for trial, not a ground to displace the incriminating material at this stage.
AI TextQuick Glance (AI)Headnote
Equivalent value attachment under proceeds of crime law upheld despite pre-offence acquisition and absence from predicate FIR
Under the Act, attachment is not limited to property directly derived from the scheduled offence; it can extend to the equivalent value of proceeds of crime where the tainted assets are unavailable. Pre-offence acquisition did not, by itself, bar attachment. The absence of the appellants' names in the predicate FIR was treated as immaterial because action may proceed against any person found in possession of proceeds of crime. On the material accepted, the claimed commercial receipts were linked to funds routed through a connected foreign entity, the appellant company was treated as a shell company, and the burden to disprove tainted origin was not discharged. The attachment and its confirmation were sustained.
AI TextQuick Glance (AI)Headnote
Extended limitation and service tax demand based on income-tax data failed for lack of suppression and independent verification.
A demand for service tax based only on Income Tax Returns/Form 26AS data and without independent verification was held not to justify invocation of the extended limitation period under Section 73(1) of the Finance Act, 1994, where the assessee was registered and had filed ST-3 returns regularly and no suppression with intent to evade was shown. The Tribunal also noted that consulting engineer services linked to exempt road construction activity fell within Notification No. 25/2012-S.T. As the tax demand failed on limitation, the associated interest and penalties under Sections 78(1) and 77(1)(c) could not survive and were set aside.
AI TextQuick Glance (AI)Headnote
Works contract exemption, GTA tax liability, and limitation for service tax demands clarified; demands and penalties were set aside.
Works contract services rendered to government or governmental authorities were treated as exempt under Sl. No. 12A of Notification No. 25/2012-S.T. where the recipients qualified as government-related authorities and the works related to civil structures or original works for non-commercial use; the confirmed service tax demands on that count were set aside. For Goods Transport Agency services received by a body corporate, liability under Rule 2(1)(d)(v) of the Service Tax Rules, 1994 rested on the recipient rather than the service provider, so the GTA demand against the appellant was dropped. The extended period of limitation was also held unavailable because suppression or wilful misstatement was not established, and the demand, interest and penalty were set aside.
AI TextQuick Glance (AI)Headnote
Section 144C(13) time limit renders draft assessment notices unenforceable if final assessment is not passed within the prescribed period.
Section 144C(13) requires the assessing officer to pass a final assessment conforming to Dispute Resolution Panel directions within one month from the end of the month in which directions are received; that statutory timeline is mandatory and operates despite Sections 153/153B. Where the DRP directions were received in September 2021 and no final order was passed by October 31, 2021, jurisdiction lapsed, administrative or ITBA technical errors do not extend the statutory period, and a draft assessment plus attendant demand and penalty notices do not create an enforceable tax liability.
AI TextQuick Glance (AI)Headnote
Tolerance band for stamp duty valuation increased and applied retrospectively as curative, excluding deemed-gift additions where difference is within tolerance.
Finance Act 2020 raised the tolerance band for differences between consideration and stamp duty valuation to 10%, and that amendment is characterised as a curative, retrospective measure addressing hardships from the anti-avoidance deeming provision concerning undervalued immovable property; as a result, where the difference between actual consideration and stamp duty value falls within the 10% tolerance band the deeming provision treating excess as a deemed gift under income-tax does not apply, and additions made solely on that ground are unsustainable and must be 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