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    Reasonable cause for non compliance not established; statutory penalty under notice compliance provision upheld against the taxpayer.
    Depreciation on amalgamation goodwill remains allowable when earlier recognition and established precedent support the income-tax claim.
    Jurisdictional validity of section 143(2) notice: absence of competent issuing officer invalidates subsequent assessments under sections 143(3) and 14...
    Revisionary jurisdiction under Section 263 cannot be invoked absent demonstrable error in assessment record; order quashed.
    Revisional jurisdiction under Section 263 cannot be used to raise fresh issues beyond limited scrutiny; reassessment quashed.
    Extended limitation for taxable computer training requires proof of deliberate evasion; recovery remains confined to the normal period.
    Recorded sales and audited books defeated section 69A addition for demonetisation cash deposits
    Assessment after search: whether returned income must follow prior rectification order, with set off of losses allowed on rectification
    Service tax return non-filing and extended limitation invoked; extended-period demand set aside while procedural penalties upheld
    Show-cause notices based solely on Form 26AS and third-party information quashed where assessee's records were not examined.
    Bogus political donation claim under section 80GGC fails where cheque payment was found to be a sham and returned in cash.
    Unexplained cash payment addition challenged by taxpayer; bank records and confirmation led to addition being deleted on appeal
    Tax pre-deposit and conditional lifting of bank attachment for re-adjudication; deposit 50% then fresh merits order
    Regular bail in PMLA prosecution where trial delay persists - appellants granted release as trial unlikely to finish promptly
    Condonation of delay in GST statutory appeals granted under extraordinary constitutional jurisdiction where counsel negligence caused inaction
    Validity of search warrant and taxability of siphoned funds: warrant upheld; business income addition rejected.
    Import valuation and classification: transaction value stands without evidence, and motor controller falls under Chapter 85.
    Estimation of income from bogus purchases: addition under unexplained investment restricted to 8.87% of gross profit, appeal dismissed
    Cenvat credit on input services disclosure in ER-1 prevents invocation of extended limitation and sustains relief against penalties
    Regular and interim bail in GST invoice fraud: appellants released on bail subject to conditions and mandated court appearances.
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Case Laws
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Reasonable cause for non compliance not established; statutory penalty under notice compliance provision upheld against the taxpayer.
Penalty for failure to comply with statutory notices was sustained because the taxpayer did not prove a reasonable cause; the post dated medical certificate lacked contemporaneous corroboration and did not cover the notice period, repeated non response during penalty proceedings undermined the claim of incapacity, and conflicting evidence of substantial online gaming receipts and uncorroborated third party operation claims further negated relief. The statutory test requires contemporaneous or convincing evidence to attract relief, which was not met, so the penalty stands.
AI TextQuick Glance (AI)Headnote
Depreciation on amalgamation goodwill remains allowable when earlier recognition and established precedent support the income-tax claim.
Depreciation on goodwill arising from a court-approved amalgamation is allowable where excess consideration over book value was recorded as goodwill in an earlier year and the claim is supported by established precedent. The applicable position treats such goodwill as eligible for depreciation under the Income-tax Act, 1961. For Assessment Year 2017-18, the depreciation claim was allowed because the relevant precedent, including the taxpayer's earlier-year treatment, supported allowability and no contrary authority or distinguishing facts were identified.
AI TextQuick Glance (AI)Headnote
Jurisdictional validity of section 143(2) notice: absence of competent issuing officer invalidates subsequent assessments under sections 143(3) and 147.
Validity of an assessment under section 143(3) turns on whether the statutory notice under section 143(2) was issued by an Assessing Officer possessing pecuniary or duly transferred jurisdiction; absence of a valid transfer order or jurisdictional notice renders the assessment invalid. Instruction No.1/2011 and accumulated authorities require a transfer order where jurisdiction shifts and treat section 292BB as limited to curing service defects, not the complete absence of a departmental notice. Waiver or objection under section 124(3) does not validate an assessment lacking competent jurisdiction; consequence here was quashing of assessments under sections 143(3) and 147.
AI TextQuick Glance (AI)Headnote
Revisionary jurisdiction under Section 263 cannot be invoked absent demonstrable error in assessment record; order quashed.
Revision under Section 263 requires a demonstrable error in the assessment record that is also prejudicial to Revenue; absent such factual error revision cannot be sustained. On the facts, no return or assessment record showed a Section 44AD declaration or claims for the contested car-related deductions, so disallowance was not warranted. The forfeited earnest money deposit arose from recurring participation in e-auctions and was recorded as supply-related charges, making it revenue in nature rather than capital. Consequently the twin conditions for invoking revision were not met; the Section 263 order was quashed and the appeal allowed for the assessee.
AI TextQuick Glance (AI)Headnote
Revisional jurisdiction under Section 263 cannot be used to raise fresh issues beyond limited scrutiny; reassessment quashed.
Revisional jurisdiction under Section 263 was held inapplicable where the assessment was completed after limited scrutiny (CASS) and the revisional authority reopened issues that were outside the defined selection criteria. The legal test requires a clear finding that the original assessment order was erroneous and prejudicial to revenue within the scope of the selection; absent such a finding, substitution of the Assessing Officer's view by taking up fresh issues is impermissible. Consequently, the direction for reassessment on matters beyond the limited scrutiny mandate was set aside and the appeal allowed for the assessee.
AI TextQuick Glance (AI)Headnote
Extended limitation for taxable computer training requires proof of deliberate evasion; recovery remains confined to the normal period.
Computer training provided to government school students, together with equipment maintenance under a State Government agreement, constitutes taxable commercial training or coaching service under the Finance Act, 1994. Receipt of grant-in-aid and absence of a profit motive do not change the service character, and the vocational-training exemption does not apply; tax is therefore sustainable for the normal limitation period. Extended recovery requires positive evidence of deliberate evasion, fraud, or suppression with intent to evade tax. Departmental knowledge of the activity and absence of such evidence restrict recovery to the normal period and preclude penalties.
AI TextQuick Glance (AI)Headnote
Recorded sales and audited books defeated section 69A addition for demonetisation cash deposits
Cash deposits made during the demonetisation period were treated as explained where they arose from recorded sales, were reflected in audited books of account, and the books were not rejected or shown to contain defects. The absence of any abnormal spike in deposits, together with acceptance of the turnover by the Commercial Tax Department, supported the conclusion that section 69A could not apply because the foundational requirement of unrecorded money was missing. On that basis, mere deposit of specified bank notes did not justify an unexplained-money addition, and the addition under section 69A was deleted.
AI TextQuick Glance (AI)Headnote
Assessment after search: whether returned income must follow prior rectification order, with set off of losses allowed on rectification
Whether the assessing officer completing assessment after search should adopt the returned income as rectified earlier by a rectification order was decided by ITAT Ahmedabad. The Tribunal found that unabsorbed depreciation and brought forward business losses had crystallized by the earlier rectification and appellate orders, no incriminating additions arose from the search-based proceedings, and the discrepancy in the return was a mistake apparent on the record. Accordingly the Tribunal ordered rectification of the return in the search assessment to reflect the earlier rectified income and allowed set-off of the unabsorbed depreciation and brought forward business losses.
AI TextQuick Glance (AI)Headnote
Service tax return non-filing and extended limitation invoked; extended-period demand set aside while procedural penalties upheld
Appellant failed to file ST-3 returns while regularly assessing and paying service tax; tribunal found no intention to evade tax and set aside the demand and penalty imposed under Section 78 of the Finance Act, 1994. The tribunal held that invocation of the extended period of limitation was not justified and therefore the extended-period demand cannot be sustained. However, because filing ST-3 was a procedural requirement, late fees under Section 70(1) and penalty for failure to furnish returns under Section 77(1)(c) were upheld as imposable even absent malafide intent. Appeal was partly allowed.
AI TextQuick Glance (AI)Headnote
Show-cause notices based solely on Form 26AS and third-party information quashed where assessee's records were not examined.
Show-cause notice issued solely on third-party TDS/Form 26AS information without examination of the assessee's books is unsustainable; reliance on such material gave only a prima facie view and did not substitute record scrutiny, so the SCN held invalid and was quashed. Precedent of the tribunal, upheld by the High Court, directly covers the factual posture. No evidence of suppression or willful misstatement was found, therefore invocation of the extended limitation period was inappropriate. Consequentially the impugned order was set aside and the appeal allowed with such relief as warranted by law.
AI TextQuick Glance (AI)Headnote
Bogus political donation claim under section 80GGC fails where cheque payment was found to be a sham and returned in cash.
Deduction under section 80GGC was denied where a cheque payment claimed as a political donation was found, on substantive evidence, to be part of a sham arrangement and the amount was returned to the donor in cash. The record, including statements recorded during search proceedings, absence of contribution reports, non-compliance with exemption conditions, and the involvement of intermediary entities, supported the finding that the alleged donation was not a genuine political contribution. The disallowance was therefore sustained in favour of the Revenue.
AI TextQuick Glance (AI)Headnote
Unexplained cash payment addition challenged by taxpayer; bank records and confirmation led to addition being deleted on appeal
Issue concerns an addition treated as unexplained cash payment; the revenue relied on search-derived material and an excel sheet to allege cash exchange. The tribunal held that the onus lay on the assessing officer to prove cash payment with cogent evidence, and the assessee discharged contention with written agreement, bank statements, Form 26AS entries and a confirmation affidavit denying cash payment. The AO's allegations remained unsubstantiated and additions could not rest on mere presumptions. Consequence: addition was rejected and the assessee's appeal was allowed.
AI TextQuick Glance (AI)Headnote
Tax pre-deposit and conditional lifting of bank attachment for re-adjudication; deposit 50% then fresh merits order
High Court remitted the matter for fresh adjudication conditional on a 50% pre-deposit of the disputed tax to be paid from the petitioner's electronic cash register within 30 days; any amounts already recovered from the petitioner's bank account must be adjusted against that pre-deposit, and if they satisfy the 50% requirement no further deposit is required. The petitioner must also file the response to the show cause notice; on compliance the respondent will pass a final order on merits preferably within three months and the bank attachment will be vacated. Noncompliance permits the respondent to resume recovery as if the petition were dismissed.
2026 (2) TMI 115 - SC Order Money Laundering
AI TextQuick Glance (AI)Headnote
Regular bail in PMLA prosecution where trial delay persists - appellants granted release as trial unlikely to finish promptly
Appellants are accused of using proceeds of crime of approximately Rs.73 lakhs derived from the predicate offence; despite serious charges against some accused and the rigours of the PMLA, prolonged pre-trial incarceration exceeding two years and six months and only the commencement of trial led the Supreme Court to find the trial unlikely to be completed within a reasonable time. For that reason the court granted regular bail to the appellants and allowed the appeals, releasing them pending trial.
AI TextQuick Glance (AI)Headnote
Condonation of delay in GST statutory appeals granted under extraordinary constitutional jurisdiction where counsel negligence caused inaction
High Court exercised extraordinary constitutional jurisdiction to condone delay in filing a statutory GST appeal, finding that the delay resulted from counsel/consultant accountant negligence and that a litigant should not be penalised for such professional default; consequence: the court allowed relief and enabled the appellant to pursue statutory remedies. The court held that permanent exclusion from the GST framework for missed appellate deadlines or cancelled registration, despite willingness to comply by filing returns and paying dues, would frustrate the facilitative object of the regime and impose disproportionate hardship on livelihood; consequence: restoration or relief is appropriate to avoid violation of equality and personal liberty.
AI TextQuick Glance (AI)Headnote
Validity of search warrant and taxability of siphoned funds: warrant upheld; business income addition rejected.
Search warrant naming a bank account rather than the assessee substantially complied with warrant formalities and did not vitiate search under the Act, so related grounds of appeal failed. Assessment for the year of search was correctly framed under the ordinary assessment provision while preceding six years fell under special post-search procedure, so the AO's use of the ordinary provision for the year of search was upheld. Addition based solely on a definitional provision without specifying a charging provision was held unsustainable; characterisation of the amounts as business income was rejected because the taxpayer was not shown to carry a matching business, resulting in relief to the assessee.
AI TextQuick Glance (AI)Headnote
Import valuation and classification: transaction value stands without evidence, and motor controller falls under Chapter 85.
Declared transaction value cannot be rejected unless the proper officer has cogent grounds to doubt its truth or accuracy and the sequential valuation rules are followed; in the absence of evidence of any extra payment, negotiation record, remittance proof, or other material supporting enhancement, the assessable value cannot be raised. The imported motor controller is classifiable under heading 8503 0090 because it functions with the motor and is principally used with it, while Chapter XVII does not cover electrical machinery of Chapter 85; it is not classifiable under heading 8708 as an e-rickshaw part. The Revenue's challenge therefore failed on both valuation and classification.
AI TextQuick Glance (AI)Headnote
Estimation of income from bogus purchases: addition under unexplained investment restricted to 8.87% of gross profit, appeal dismissed
Estimation of income from alleged bogus purchases was challenged where the assessing officer discarded the assessee's supporting documents without reasons and relied on uncommunicated information from an investigation wing; such reliance and failure to confront the assessee rendered the addition under unexplained investments arbitrary, and GST cancellation occurring after the relevant year did not prove that the supplier was struck off in the relevant year. Consequently the appellate restriction of the addition to gross profit at 8.87% was upheld and the revenue appeal dismissed.
AI TextQuick Glance (AI)Headnote
Cenvat credit on input services disclosure in ER-1 prevents invocation of extended limitation and sustains relief against penalties
Cenvat credit availed on input services was disclosed in ER-1 return and supporting correspondence, which the adjudicator found sufficient to show no suppression or mis-declaration; therefore invocation of the extended period of limitation was unjustified and demand and penalties could not be sustained. The disclosure included amortisation of free issue design costs against dutiable final products, establishing the nature and use of the input service and negating personal liability for undisclosed credit. The result is setting aside of the confirmed demand and penalties, and allowance of the appeals.
AI TextQuick Glance (AI)Headnote
Regular and interim bail in GST invoice fraud: appellants released on bail subject to conditions and mandated court appearances.
Decision addresses grant of regular and interim bail to accused involved in operating fictitious firms and issuing fake GST invoices; court reasons that continued release is appropriate because accused complied with appearance obligations and did not engage in unlawful activity or breach bail conditions, and therefore directs release on furnishing bail bonds to the trial court, subject to terms including attendance requirements and liberty for the trial court to cancel bail for non-appearance or breach; clarifies that bail grant is without prejudice to merits and imposes obligations against tampering with witnesses.

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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