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Case Laws
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AI Text Quick Glance by AI Headnote
AI TextQuick Glance (AI)Headnote
Bona fide pursuit of rectification proceedings can justify condonation of delay in a tax appeal and permit rehearing on merits.
Delay in filing an appeal under the CGST/KGST Act, 2017 was treated as condonable where the appellant had first pursued rectification proceedings in bona fide belief that it was an appropriate alternative remedy. The court accepted that the period spent in those proceedings could be considered for limitation purposes because the appeal was filed within four months of rejection of the rectification request and no prejudice was shown to bar merits consideration. The order rejecting the appeal was set aside, the delay was condoned, and the appeal was directed to be taken on record and decided afresh on merits.
AI TextQuick Glance (AI)Headnote
Bank guarantee for detained goods cannot be continued where consistent GST compliance sufficiently secures the revenue's interest.
Bank guarantee furnished only to secure release of detained goods and conveyance could not be insisted upon once the taxpayers had obtained release, succeeded before the first appellate authority, and shown a consistent GST compliance record. The record of regular registration, timely return filing, and substantial tax payments over several years was treated as sufficient to protect the revenue's interest in the peculiar facts of the case. The endorsements requiring continued security were therefore unsustainable and were set aside, and the bank guarantees were directed to be returned.
AI TextQuick Glance (AI)Headnote
PAN misuse and disputed additions require fresh verification when inquiry material for the relevant year is missing.
PAN misuse by a third party required fresh verification where the police inquiry material relied on for earlier years was not on record for the relevant year. The Tribunal found that the factual position could not be conclusively determined on the available record and remitted the disputed additions to the Assessing Officer. If the inquiry report for the year under consideration supports the assessee's case, the additions are to be deleted; otherwise, the matter must be examined afresh on the relevant facts. The remaining grounds were not adjudicated as they had become academic.
AI TextQuick Glance (AI)Headnote
Security cheque liability under Section 138 and director averments under Section 141 can sustain cheque dishonour prosecution.
A cheque issued as security can still attract Section 138 prosecution if, by the date of presentation, the underlying liability has become legally enforceable. The label attached at issuance does not control; the decisive factor is whether a recoverable debt existed when the cheque was presented, and statutory presumptions apply to a voluntarily handed over signed cheque unless rebutted at trial. For director liability under Section 141, the complaint must contain specific averments that the persons concerned were in charge of and responsible for the company's business. Specific allegations of active involvement, together with the managing director's cheque signature, were treated as sufficient to permit trial.
AI TextQuick Glance (AI)Headnote
Section 48 deduction for IPO and PMS expenses linked to share transfers allowed where nexus and record support are shown
Expenditure incurred wholly and exclusively in connection with the transfer of shares is deductible under Section 48 of the Income-tax Act, 1961, where the shareholder can show a direct nexus with the sale. Proportionate IPO expenses apportioned to a selling shareholder participating in an OFS were treated as allowable because the record showed that the shareholder bore the expenses, the net sale proceeds reflected the deduction, and comparable claims had been accepted in similar assessments. PMS expenses reflected in net proceeds were also treated as connected with the share transfers and allowable to the extent supported by the assessment record.
AI TextQuick Glance (AI)Headnote
Penalty under Section 270A cannot be confirmed before quantum appeal is decided; prior tax liability must be settled first.
Penalty under Section 270A requires a prior and final determination of under-reporting or misreporting, because penalty is an additional tax that depends on the settled quantum of assessment. Where the quantum appeal remains pending and taxable income has not been finally adjudicated, confirming penalty amounts to premature adjudication and offends natural justice. The proper course is for the appellate authority to decide the quantum issue first and then examine penalty in light of that determination. On that basis, the penalty order is set aside and the matter remitted for fresh consideration after disposal of the quantum appeal.
AI TextQuick Glance (AI)Headnote
Standard Operating Procedure non-compliance invalidates seizure and requires release to the person from whom goods were seized.
Non-compliance with the prescribed Standard Operating Procedure during the Model Code of Conduct vitiated the SST seizure and handing over of consignments, requiring release to the person from whom they were seized; initiation of assessment proceedings against an employee/custodian absent materials showing ownership or undisclosed income was arbitrary and unjustified; claims of third party ownership are contestable factual/statutory questions unsuitable for writ adjudication and must be determined by the statutory remedy. Result: partial allowance-seized articles to be returned to the courier/custodian; third party writ dismissed as not maintainable; ultimate ownership left for statutory determination.
AI TextQuick Glance (AI)Headnote
Third party seized evidence without cross examination cannot discharge the revenue's burden, leading to deletion of the addition.
Addition under section 69B based solely on seized third party documents and a third party statement without producing the adverse material to the assessee or permitting cross examination is unsustainable; such third party information, absent independent corroboration and without an opportunity to test veracity by cross examination, only raises suspicion and does not discharge the revenue's burden of proof, therefore the disputed addition was deleted and the appeal allowed in favour of the assessee.
AI TextQuick Glance (AI)Headnote
Foreign document proof and inspection rights: earlier non-production challenge became infructuous, but trial-stage objections remained open.
Once the original or authenticated documents were placed on the trial record, the challenge based on their earlier non-production became infructuous. Questions about the evidentiary value of foreign documents, including authenticity, admissibility, and mode of proof, were to be decided when evidence is led rather than at the threshold. The accused was recognised as entitled to inspect prosecution material under the applicable court rules and to raise objections on genuineness, admissibility, and proof at the proper trial stage. The complaint was therefore not rejected on that ground, while the right to contest the documents in evidence was preserved.
AI TextQuick Glance (AI)Headnote
Proof of foreign public documents requires original access for effective cross-examination where the prosecution relies on them.
Foreign public documents relied upon by the prosecution must still satisfy statutory proof requirements, even when received through official inter-governmental channels and presumed genuine. Section 78(6) of the Indian Evidence Act contemplates proof by original or certified copy with proper certification, while Section 3 of the Diplomatic and Consular Officers (Oaths and Fees) Act recognises notarial acts by Indian diplomatic officers abroad. Where such documents form the foundation of the prosecution case, denial of access to the originals can prejudice the defence and impair effective cross-examination. A limited request for inspection of relied-upon documents should not be refused merely because it may delay trial.
AI TextQuick Glance (AI)Headnote
Corroborative evidence for suppressed sales and cash credits required, while search-assessment approval remained valid after record review.
Additions for suppressed sales require cogent, corroborative evidence of excess consideration. Seized welcome letters, loose sheets, WhatsApp material and buyer statements did not establish unaccounted sale receipts, while extrapolation based on unauthenticated market-portal rates lacked seized material, comparable evidence, book rejection or valuation support; the suppressed-sales additions were therefore deleted. For cash credits, identity and banking or ledger evidence, supported in several instances by tax and financial records, discharged the assessee's primary burden. As the Assessing Officer produced no concrete rebuttal or independent enquiry, the cash-credit addition was deleted. Approval for search assessment was treated as an administrative approval made after record review, not a mechanical exercise.
AI TextQuick Glance (AI)Headnote
Extended limitation in service tax dispute upheld; no substantial question of law justified appellate interference.
Concurrent factual findings supported the service tax demand for short payment on telephone services, and the court accepted that non-production of complete records justified invocation of the extended period of limitation. The limitation objection therefore failed. The court further found that the controversy turned on facts and did not raise any substantial question of law, so no appellate interference was warranted. The departmental demand was sustained.
Quick Glance (AI)Headnote
Abolition of Income Tax Settlement Commission and limited Interim Board access confirmed in review dismissal.
The Finance Act, 2021 abolished the Income Tax Settlement Commission and constituted an Interim Board to deal only with applications pending as on 1 February 2023. The revenue position noted that filing before the Interim Board was restricted to assessees who were eligible to apply for settlement on 31 January 2021. On review, the Supreme Court found no error apparent on the record and no basis to reconsider the impugned order, and the review petition was dismissed.
AI TextQuick Glance (AI)Headnote
Books of account reliability: flat turnover estimates for derivative trading without factual basis are unsustainable and may be quashed.
Assessing Officer's rejection of audited books and application of a flat 12% turnover estimate for futures and options trading was found arbitrary where audited accounts and detailed trading statements provided particulars of income and expenditure; absence of material justifying book rejection or a factual basis for turnover-based estimation renders the percentage estimate unsustainable, and the estimation was deleted, favouring the assessee.
AI TextQuick Glance (AI)Headnote
Refund of Unutilised Input Service Credit: nexus and registered-premise accounting favour exporter; compute refund using unit-specific turnover.
Rule 2(l) covers input services broadly and credits are allowable where records show use for exported output services; the adjudicating authority's disallowance lacked reasoned findings and is set aside in favour of the assessee. The proportional refund formula must be applied with reference to the specific registered premise claiming refund; where unit-wise accounts separate STPI and SEZ units, export and total turnover for the formula must be confined to the claiming premise. Appeals allowed; matter remitted to the original authority to redetermine quantum and sanction eligible refund with interest accordingly.
AI TextQuick Glance (AI)Headnote
Application of income: investments in prescribed modes do not amount to charitable application, enabling valid reassessment for non-disclosure.
Where an assessee failed to comply with statutory accumulation conditions and did not file the required intimation, investment of income in prescribed modes (including fixed deposits) does not qualify as application of income for charitable or religious purposes; such investment clauses in a memorandum merely describe permissible investment of accumulated funds and are not independent charitable objects. Further, reopening under reassessment provisions was held permissible where the assessing officer recorded reasons to believe based on audit information and non-disclosure of material facts; the reassessment was not a mere change of opinion and was validly initiated.
AI TextQuick Glance (AI)Headnote
Transfer Pricing precedent governs guarantee commission adjustments; identical functional and risk analysis led to deletion of the upward ALP adjustment.
Whether an upward transfer pricing adjustment to guarantee commission is sustainable turned on functional and risk analysis and applicability of a coordinate-bench precedent; the assessee had reissued a counter guarantee, performed limited processing functions with risks and costs back to back with the associated enterprise, and allocated a combined commission. Applying accepted transfer pricing principles (use of contemporaneous comparables and CUP methodology) and giving effect to the earlier identical reasoned decision, the ITAT set aside the ALP adjustment and allowed the assessee's ground, deleting the upward adjustment.
AI TextQuick Glance (AI)Headnote
Statutory appellate remedy limits writ relief for confiscation and penalty; petitioners must pursue the statutory appeal absent exceptional circumstances.
Existence of a statutory appellate remedy under the Customs Act precludes routine writ intervention against orders of confiscation and penalty; the court applied the principle of restraint in writ jurisdiction and upheld the High Court's refusal to entertain a writ where an adequate statutory appeal exists, requiring the petitioner to pursue that remedy. The decision recognises only narrow exceptional circumstances that would justify bypassing the statutory route, and the outcome is adverse to the petitioner who challenged confiscation and penalty proceedings.
AI TextQuick Glance (AI)Headnote
Insolvency moratorium does not bar MPID attachment proceedings treating them as civil forfeiture for depositor protection.
The interim moratorium under Section 96 of the Insolvency and Bankruptcy Code did not stay attachment proceedings under the MPID Act because those proceedings were treated as a special public law remedy to protect depositors and secure properties alleged to have been fraudulently transferred. The Court held that the MPID mechanism was not a creditor's recovery action in a debtor-creditor relationship, and the deposits involved did not constitute "debt" for the Code. It further held that the MPID Act falls within the State legislative field, so repugnancy with the Insolvency and Bankruptcy Code did not arise. The attachment proceedings were allowed to continue.
AI TextQuick Glance (AI)Headnote
Claim timeliness under insolvency rules: statutory seven day cutoff upheld, belated claim filed four days before CoC barred.
Regulation 13(1B) permits verification and categorisation only for claims received after the Regulation 12 period up to seven days before the CoC meeting, and Regulation 13(1C) requires intimation and placement of acceptable late claims and, if necessary, seeking condonation. Applying these rules and the proviso to Regulation 6A on public announcement as notice, the RP's refusal to admit a claim filed four days before the CoC meeting was consistent with the statutory cutoff and the policy of finality in the insolvency process; the earlier order rejecting the belated claim was therefore upheld.

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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