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Case Laws
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AI Text Quick Glance by AI Headnote
AI TextQuick Glance (AI)Headnote
Input tax credit reversal requires supplier-default inquiry, purchaser evidence, and procedural safeguards before recovery action.
Actual payment of tax remains a statutory condition for input tax credit under the integrated GST framework; that condition is not confined to fraudulent, collusive, or non-genuine transactions. However, supplier default, retrospective registration cancellation, short tax declaration, or alerts cannot by themselves trigger mechanical denial or reversal. Authorities must apply the regime governing the relevant period, pursue available recovery against the supplier, issue a detailed notice, allow evidence of receipt and movement of supplies, provide a hearing, and give reasoned findings. Fraud-based action requires facts linking the purchaser to the alleged conduct. Pending and completed matters require fresh determination with consequential adjustment or refund where warranted, without fresh coercive recovery beforehand.
Quick Glance (AI)Headnote
Limitation compliance governs special leave petitions where an unexplained delay prevents review of an appeal dismissed for low tax effect.
Maintainability of a special leave petition turned on an unexplained 468-day filing delay after the High Court dismissed the underlying appeal because of low tax effect. The delayed filing lacked a satisfactory explanation. The petition was therefore not entertained and was dismissed on the ground of delay, without reconsidering the low-tax-effect basis on which the underlying appeal had been dismissed.
AI TextQuick Glance (AI)Headnote
Judicial discipline in identical reassessment challenges leaves spurious-transaction and escaped-income issues for factual examination, limiting writ interference.
Materially identical reassessment challenges require adherence to the coordinate bench approach, while disputed allegations of a spurious transaction and escaped income remain matters for factual examination by the Assessing Officer. For assessment year 2020-21, the reassessment order and consequential notice were not considered fit for writ interference because the underlying information and allegations had already been addressed for the preceding year. Judicial discipline supported following the prior approach in the assessee's own matter.
AI TextQuick Glance (AI)Headnote
Mistaken service-tax payments on exempt GTA services constitute refundable deposits, with compensatory interest for unlawful retention.
Service tax paid under reverse charge on exempt goods transport agency services, despite no tax liability, is treated as a revenue deposit made under a mistake of law rather than duty. The amount falls outside the statutory duty-refund mechanism and must be refunded; retaining it lacks constitutional authority. As the payment is a deposit, the statutory interest regime for duty refunds does not apply. Compensatory interest at 12% per annum is payable from each deposit date until refund.
AI TextQuick Glance (AI)Headnote
Refund withholding during anti-evasion investigations remains valid where evidence supports suspected fraudulent input tax credit claims.
Section 54(11) of the CGST Act permits withholding of a refund where the refund-generating order is subject to appeal, further proceedings, or another pending proceeding and, after hearing the taxable person, the Commissioner considers release harmful to revenue because of fraud or malfeasance. "Other pending proceedings" can include an ongoing statutory anti-evasion investigation, not only a formal appeal. Material indicating non-existent or cancelled suppliers, no established movement of goods, and no connection with the manufacturer's supply chain can support the required opinion concerning fraudulent input tax credit. A later show-cause notice may crystallise an existing investigation; no separate appellate proceeding or judicial stay is required for valid withholding.
AI TextQuick Glance (AI)Headnote
Writ review of input tax credit adjudication yields to statutory appeal where jurisdiction and hearing objections require record scrutiny.
Article 226 jurisdiction ordinarily does not displace a statutory appeal where objections to an input-tax-credit adjudication require examination of the underlying record and disputed facts. The bar under Section 6(2)(b) depends on identity of the precise subject matter, including tax periods, transactions, invoices, liabilities and allegations; a common supplier or general ITC connection is insufficient. An independent finding of ITC availment on goods-less invoices does not facially constitute a new basis beyond the show-cause notice. Objections concerning hearing opportunities, evidence, limitation, period clubbing, replies and Section 74 require appellate scrutiny unless an ex facie jurisdictional error or undisputed breach of natural justice is established.
AI TextQuick Glance (AI)Headnote
Unfiled GST claims in CIRP are extinguished after resolution-plan approval, barring later tax adjudication despite available appellate remedies.
Statutory GST claims for pre-effective-date periods that are not lodged during the corporate insolvency resolution process are extinguished upon approval of the resolution plan, including unassessed, unknown, interest and penalty claims. Section 31(1) of the Insolvency and Bankruptcy Code binds governmental authorities to the approved plan, and its overriding effect prevents later GST adjudication or recovery of extinguished liabilities. General GST adjudicatory provisions and liquidation-related provisions cannot revive such claims. Availability of a statutory appeal does not bar writ jurisdiction where proceedings are initiated without jurisdiction or contrary to binding insolvency law.
AI TextQuick Glance (AI)Headnote
Limitation for search assessment notices renders notices invalid beyond the statutory look-back period for earlier assessment years.
Section 153A read with Section 153C permits a ten-year assessment period only where escaped income exceeds the prescribed threshold. Where the satisfaction note was recorded in assessment year 2024-25, the backward computation reached only assessment year 2015-16. Notice issued for assessment year 2010-11 was therefore beyond limitation, time-barred and invalid.
AI TextQuick Glance (AI)Headnote
Equivalent-value attachment under PMLA can reach independently acquired property when scheduled offences and prima facie proceeds are established.
Under the PMLA, allegations involving IPC and Explosive Substances Act offences included in the Schedule can support money-laundering proceedings even where associated mining-law violations are not scheduled offences. Property may be attached as value equivalent to proceeds of crime regardless of its independent source or pre-predicate acquisition, while the affected person bears the burden to substantiate licit sources. Fair market value at acquisition or possession is the statutory valuation measure; use of guideline or current values does not necessarily defeat attachment where alleged proceeds are independently quantified. Reasons to believe require prima facie material linking assets to proceeds and a risk of alienation, not conclusive proof.
AI TextQuick Glance (AI)Headnote
CENVAT credit for taxed Business Support Services remains available where group-company support directly serves manufacturing operations.
CENVAT credit for service tax paid on Business Support Services received from a group company is available where common corporate and operational support has a direct nexus with manufacturing. Allocation of the provider's expenses among group entities without an independent profit element does not alter the taxable character or value of invoiced services where tax has been paid and accepted. Credit should not be denied at the recipient's end by recharacterising those services while the provider's tax assessment remains unrevised. On that basis, disallowance of credit and consequential demand and penalty are unsustainable.
AI TextQuick Glance (AI)Headnote
CENVAT credit reversal is inapplicable to electricity generated from bagasse and supplied outside the manufacturing factory premises.
Electricity generated from bagasse and cleared outside the factory does not trigger the payment obligation under Rule 6(3) of the CENVAT Credit Rules, 2004. Bagasse, being agricultural waste or residue rather than an outcome of manufacture, falls outside the scope of Rule 6. Accordingly, electricity generated from bagasse, including electricity wheeled to a State electricity distribution authority, is not subject to payment of 6% of its value.
AI TextQuick Glance (AI)Headnote
Pecuniary jurisdiction limits prevent Deputy Commissioners from blocking input tax credit beyond the Commissioner-prescribed threshold.
Pecuniary limits imposed through the Commissioner's administrative order constrained the Deputy Commissioner's authority to block input tax credit. The prescribed ceiling was Rs. 1 crore, yet credit exceeding that amount was blocked before being unblocked. Statutory power must be exercised within jurisdictional limits fixed by the competent administrative authority; consequently, the Deputy Commissioner lacked pecuniary jurisdiction to block input tax credit beyond the prescribed limit.
AI TextQuick Glance (AI)Headnote
Condonation of delay within the statutory window requires a fair hearing on medical circumstances preventing timely appellate response.
Appeals filed beyond the ordinary limitation period but within the statutory condonable period require consideration of any explanation for delay. Where medical circumstances are asserted as preventing a response to a notice, the explanation should be assessed unless shown to be ungenuine. Fair opportunity to establish sufficient cause and a hearing before the appellate authority are necessary before rejecting the delayed appeal. Rejection without considering the condonation request cannot be sustained.
AI TextQuick Glance (AI)Headnote
Input tax credit after commercial credit notes remains available, but interest applies during delayed supplier-payment periods.
Input tax credit under the second proviso to Section 16(2) requires payment of the supplier's consideration and tax within 180 days; proportionate credit retained after that period attracts interest until the unpaid amount is waived and recorded through a credit note. A financial or commercial credit note that does not reduce the supplier's original taxable value or tax liability allows the recipient to retain or re-avail credit, consistent with binding Board clarifications. Proceedings for fraud-based recovery and penalty require fraud, wilful misstatement, or suppression with intent to evade tax; absent those elements, the matter is to be treated under the non-fraud recovery provision.
AI TextQuick Glance (AI)Headnote
Construction-related input tax credit for resort buildings remains blocked despite taxable hospitality use, subject to evidence of separate movable assets.
Input tax credit for goods and services used to construct a resort building and related civil structures is blocked where construction is on the taxable person's own account. The retrospective substitution of "plant and machinery" from 1 July 2017, read with the statutory exclusion of land, buildings and civil structures, prevents such premises from qualifying for the exception, even under a functionality approach. Taxable accommodation, restaurant, event and photo-shoot services do not establish construction for sale, lease or licence to another. Credit remains available only for separately evidenced movable assets or qualifying items. Interest applies only to wrongly availed and utilised credit, and penalty relief depends on timely payment of tax and interest.
AI TextQuick Glance (AI)Headnote
Section 129 detention cannot apply after goods reach consignee premises, requiring refund for a promptly cured e-way bill lapse.
Section 129 applies only while goods are in transit and cannot support detention, tax demand, or penalty after the vehicle has reached the consignee's registered premises. Where tax invoices and e-way bill Part A accompanied the goods, prompt correction of an un-updated Part B constituted a curable technical lapse without revenue loss or mens rea. Section 126, the applicable circular, proportionality, and audi alteram partem required moderation; a hearing held after the adjudication order's stated date rendered the proceedings defective. Amounts recovered under protest were refundable with statutory interest.
AI TextQuick Glance (AI)Headnote
Anti-profiteering re-investigation may use corrected project-wide methodology, requiring input tax credit benefits to reach eligible homebuyers.
Anti-profiteering re-investigation may validly follow a remand to apply a project-wide, per-square-foot apportionment of GST savings where an earlier methodology was legally unsustainable. The original reference remains operative, and the investigating authority is not functus officio where no final adjudicatory order followed the flawed report. Rule 129(6)'s reporting period is directory rather than mandatory, and delay arising from non-production of records does not bar re-investigation. Re-investigation does not breach natural justice where notice, access to the report, and opportunities for objections are provided. Section 171(1) requires suppliers to prove actual transmission of input tax credit benefits through commensurate price reduction; unpassed benefits attract interest, while no penalty applies for periods before the penalty provision took effect.
Quick Glance (AI)Headnote
Section 14A disallowance without exempt income remained undisturbed, leaving the revenue's challenge unsuccessful before the final forum.
Disallowance of expenditure under section 14A where no exempt income is earned was the central issue. The Supreme Court declined to interfere with the High Court's application of an earlier unchallenged High Court ruling and dismissed the special leave petition. Revenue expenditure incurred as compensation for tenancy rights was also identified as part of the dispute.
AI TextQuick Glance (AI)Headnote
Monetary-limit policy bars low-tax-effect Revenue appeals despite a claimed exception for revision proceedings, leaving legal questions open.
Monetary-limit policy for Revenue litigation before the High Court applied to appeals arising from revision proceedings; the claimed exception did not automatically require disregard of tax effect. Because the tax difference was substantially below the applicable policy threshold and the transactions showed no recurring or multiple disputes, the appeals were dismissed as below the monetary limit. The questions of law remained open.
AI TextQuick Glance (AI)Headnote
Reassessment scrutiny must await speaking disposal of reopening objections and the mandatory interval before further assessment action.
Under the pre-1 April 2021 reassessment framework, a return filed in response to reopening is treated as a return under Section 139, with scrutiny initiated through Section 143(2). Recorded reasons must be supplied on request, and reopening objections must first be resolved by a speaking order because they may challenge jurisdiction to reopen. Assessment cannot proceed through a scrutiny notice or a Section 142(1) information notice until that disposal. Following rejection of objections, a mandatory four-week interval must elapse before further reassessment action, preserving the taxpayer's opportunity to challenge the rejection.

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1959 (5) TMI 7 - SC - Income Tax

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Implied request to remit cheques by post made delivery to the post office receipt of income in taxable territories.
Where payment was stipulated by cheque and the surrounding circumstances showed an implied request to remit the cheques by post, delivery to the post ... Summary

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Acts Income Tax