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Case Laws
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AI Text Quick Glance by AI Headnote
AI TextQuick Glance (AI)Headnote
Liquidation Receivables: unpaid business-purchase consideration may be recovered, while controlling directors cannot use a purchaser-company facade to avoid liability.
Recovery of unpaid contractual consideration under a business purchase agreement falls within liquidation where the amount is a receivable of the corporate debtor and has a direct nexus with realisation of the liquidation estate. A payment mechanism requiring discharge of liabilities from business income does not extinguish the purchaser's primary payment obligation. Where directors exercise managerial, financial and operational control, obtain the transaction's benefits, and use the purchaser-company as an alter ego or corporate fac ade, separate corporate personality and privity of contract do not protect them from recovery liability. Liability extends to the purchaser-company and controlling directors, but not to persons lacking that controlling role.
AI TextQuick Glance (AI)Headnote
Fresh expressions of interest may follow failed resolution and settlement proposals where creditor voting thresholds remain unmet.
Remitted resolution plans lacking final approval may be reconsidered, and where revised resolution and settlement proposals fail prescribed voting thresholds, the Committee of Creditors may invite fresh expressions of interest absent a prohibition under the Code or Regulation 36A. Its commercial assessment of funding, feasibility and viability is not to be substituted through judicial review without a legal infirmity. Assignments of homebuyer claims processed under Regulation 28 do not retrospectively invalidate voting undertaken while original allottees remained creditors on record, particularly where no material effect on approval is shown. Intervention applications cannot introduce independent issues beyond the impugned order's subject matter.
AI TextQuick Glance (AI)Headnote
Statutory withdrawal procedure prevents deposit-based suspension or closure of insolvency proceedings through inherent powers outside prescribed channels.
Section 12A of the Insolvency and Bankruptcy Code and Regulation 30A prescribe the mechanism for withdrawal of the corporate insolvency resolution process. In an appeal limited to directions for cooperation with the resolution professional, Rule 11 inherent powers cannot be invoked to permit deposit of an admitted debt, defer resolution-plan steps, or secure closure outside that mechanism. A financial creditor cannot be compelled to accept a settlement or terminate the process. Seeking substantially identical relief before another forum while an application remains pending constitutes forum shopping and abuse of process, particularly because insolvency proceedings operate in rem.
AI TextQuick Glance (AI)Headnote
PMLA arrest power requires recorded reasons and cannot bypass statutory examination merely to facilitate investigation.
Section 19(1) of the Prevention of Money Laundering Act permits arrest only as a discretionary and exceptional measure where an authorised officer records reasons to believe, based on material in possession, that a person is guilty. Summons, examination and production of records may proceed under Section 50, whose proceedings are judicial proceedings. Where a person has complied with repeated examinations and the material relied on already existed, the absence of fresh incriminating material or a supervening necessity may negate the demonstrated need for arrest. Arrest cannot bypass the ongoing examination process or merely facilitate investigation; on these facts, the arrest and consequential remand orders were invalid.
AI TextQuick Glance (AI)Headnote
CENVAT credit utilisation during payment default cannot be barred under ultra vires Rule 8(3A), invalidating related duty demands and penalties.
Rule 8(3A) of the Central Excise Rules, 2002, was declared ultra vires in binding decisions, including one affirmed by the jurisdictional High Court. Its restriction on using CENVAT credit to pay duty during a default period therefore cannot sustain a duty demand or penalty. Demands and penalties founded solely on that restriction are unsustainable, resolving the issue in favour of the assessee.
AI TextQuick Glance (AI)Headnote
Cheque dishonour presumptions require a probable defence; unsupported security-cheque and alteration claims cannot displace liability.
Sections 118(a) and 139 of the Negotiable Instruments Act apply presumptions of consideration and legally enforceable liability where cheque signature and delivery are admitted. Rebuttal requires a probable defence on a preponderance of probabilities; an unsupported security-cheque assertion, construction-related adjustment claim, or bank endorsement does not by itself displace those presumptions. Section 87 requires proof of an unauthorised material alteration to an existing entry before invalidating an instrument. Additional evidence and witness summons under the Criminal Procedure Code require necessity and sufficient justification. Sentencing proportionality may consider relevant circumstances while compensation for unpaid cheque liability remains payable.
AI TextQuick Glance (AI)Headnote
GST demand confirmation cannot exceed the tax, interest or penalty amounts proposed in the show-cause notice.
Section 75(7) of the Uttar Pradesh GST Act and the CGST Act prohibits an adjudicating authority from confirming tax, interest or penalty exceeding the amount proposed in the show-cause notice. Where the adjudication order confirms a higher tax demand or penalty than the notice specified, it exceeds the authority's statutory jurisdiction. The confirmed liability must remain within the scope and amounts put to the taxpayer in the notice.
AI TextQuick Glance (AI)Headnote
Wrong-head GST payments require refund procedures, while correct-head payments need reconciliation and cannot support duplicate recovery or credit.
GST demands alleging wrongful input tax credit recredit must disclose the factual and legal basis of the charge in the show-cause notice, and adjudication must address the taxpayer's explanation through reasoned findings. Tax paid under the wrong IGST or intra-State tax head must follow the prescribed refund mechanism; unilateral recredit through GSTR-3B does not automatically create valid input tax credit. Payments actually made under the correct Central and State tax heads require recognition and reconciliation with the original payment and any recredit, preventing both double taxation and duplicate credit or refund. Interest requires findings of wrongful availment and utilisation, while penalty cannot stand independently where the underlying wrongful-credit charge fails.
AI TextQuick Glance (AI)Headnote
Related-party exclusion bars creditors from CoC rights where contractual control permits policy-making participation despite a non-bona-fide assignment.
Corporate-guarantee liability falls within financial debt even if the guarantee was uninvoked when CIRP began; default is relevant to CIRP commencement rather than the existence of a claim. An individual homebuyer may challenge a creditor's CoC inclusion without acting through the class's authorised representative, whose statutory role is limited to attending meetings and voting. Contractual rights enabling policy-making participation and extensive business supervision may render a financial creditor a related party, excluding it from CoC representation, participation and voting. A post-CIRP assignment that is not bona fide cannot bypass the related-party exclusion.
AI TextQuick Glance (AI)Headnote
Resolution professional claim admission does not acknowledge debt or extend limitation for personal-guarantor insolvency proceedings.
Section 95 insolvency applications against personal guarantors are subject to the three-year limitation period under Article 137, running from expiry of the period stated in the demand invoking the guarantee. Any applicable COVID-19 exclusion must be deducted, but an application instituted after the resulting period expires is time-barred and not maintainable. Extension under Section 18 requires a conscious, unequivocal acknowledgment of subsisting liability by the debtor or an authorised person before limitation expires. A resolution professional's admission of a creditor's claim is an administrative act of collating and recording claims, not an admission of liability by the corporate debtor; it therefore neither acknowledges debt nor renews limitation.
AI TextQuick Glance (AI)Headnote
Bail passport conditions modified: advance travel notice replaces passport deposit while preserving trial attendance safeguards.
Passport-deposit bail condition was dispensed with because the recurring requirement to obtain its release hindered foreign travel, while advance notice adequately secured the accused's participation in trial. The applicant had complied with the condition, previously obtained travel permission, and redeposited the passport after each trip. Foreign travel now requires written notice to the trial court 30 days before departure, including the travel schedule, and written intimation upon return.
AI TextQuick Glance (AI)Headnote
Public-interest challenge to GST on online legal data services failed because unexplained delay defeated maintainability.
Maintainability of the public-interest challenge to GST on online legal research and legal educational data services failed because the rate had operated since 2017 and the petitioner, practising since 2020, did not explain the delayed challenge or claimed sudden awareness. Those circumstances undermined the public-interest basis, leading to dismissal without adjudication of the GST rate's legality or reasonableness.
AI TextQuick Glance (AI)Headnote
Reasoned consideration of delay-condonation grounds is required before a statutory appeal may be rejected as time-barred.
Statutory appellate authorities must consider and give reasons on grounds seeking condonation of delay before rejecting an appeal as time-barred. Failure to address a claim that notices and the underlying order were unknown because the registered portal email was controlled by a former accountant prevents a proper decision on condonation and merits. Rejection solely by reference to the elapsed period is unsustainable; delay may be condoned and the appeal restored for merits determination, subject to costs.
AI TextQuick Glance (AI)Headnote
Assessment revision requires error and revenue prejudice; verified foreign-donation use and a possible view do not justify intervention.
Revision under section 263 is impermissible where the Assessing Officer has made relevant enquiries, verified foreign donations and their charitable application, and adopted a legally possible view. Revision requires both an erroneous assessment order and prejudice to revenue; a Commissioner's different view does not suffice. Section 13(1)(c)(ii) applies only when trust income or property benefits a person specified under section 13(3), including a concern in which that person has substantial interest. Payments applied to charitable COVID-19 relief do not attract the restriction without proof of direct or indirect benefit to a specified person or qualifying concern.
AI TextQuick Glance (AI)Headnote
Joss Powder classification remains open after low tax effect ends the tariff, limitation and penalty dispute.
Classification of Joss Powder under tariff headings 1211 or 4405 remained unresolved because the civil appeals were dismissed on account of tax effect below the prescribed monetary limit. The legal issues concerned application of Chapter 44 Note 1(a), invocation of the extended limitation period for differential duty, penalty liability, eligibility for Notification No. 46/2011, and the requirements of a show-cause notice and personal hearing. No determination was made on the classification question.
AI TextQuick Glance (AI)Headnote
Overseas agency commission threshold affects export benefits, not accepted customs transaction value or remittance permissibility.
Customs advance-ruling jurisdiction covers customs valuation and related export-benefit questions, not the permissibility of overseas agency-commission remittances under foreign-trade, FEMA or RBI frameworks. The 12.5% threshold in specified CBIC circulars governs deduction of agency commission and foreign bank charges solely in calculating duty drawback, RoDTEP and RoSCTL benefits; only the excess is deductible from the FOB basis. It neither caps commission nor regulates remittances. Under Section 14 and the export valuation rules, commission paid from sale proceeds is a selling expense and does not reduce an accepted transaction value unless the declared value is rejected. Administrative circulars cannot amend statutory valuation rules.
AI TextQuick Glance (AI)Headnote
Overseas agency commission preserves customs transaction value, while excess commission and bank charges reduce specified export incentive bases.
Customs circulars addressing agency commission and foreign bank charges govern only the FOB-value base for specified export incentives; they neither cap overseas agency commission nor regulate remittances under FEMA, RBI directions, or foreign trade law. Under the statutory export-valuation framework, commission paid from export proceeds to an overseas agent is a selling expense and does not reduce an otherwise acceptable transaction or FOB value merely because it exceeds 12.5%. For Duty Drawback, RoDTEP and RoSCTL, commission and bank charges above the aggregate 12.5% threshold are deducted from FOB value only to the extent of the excess when calculating benefits. The circulars cannot amend transaction-value rules or impose an independent commission cap.
Quick Glance (AI)Headnote
Wrongful withholding by company director: challenge to notice order fails, leaving criminal proceedings pending intact.
Wrongful withholding under section 452 of the Companies Act was alleged against a director who contended that continued directorship precluded the offence. The challenge also asserted non-application of mind in framing notice and breach of natural justice. The Supreme Court dismissed the special leave petition, finding no ground to interfere with the High Court order, leaving the notice order and pending proceedings undisturbed.
Quick Glance (AI)Headnote
Anticipatory bail under money-laundering law remains undecided after dismissal of a delayed petition without merits review.
Anticipatory bail under the Prevention of Money Laundering Act, including the statutory twin bail conditions and the necessity of custodial interrogation, was in issue. The Supreme Court did not determine those bail issues on their merits, finding no good reason to entertain the Special Leave Petition after an inordinate delay of 480 days. The petition was consequently dismissed solely on the ground of delay.
AI TextQuick Glance (AI)Headnote
Service by affixture validates notice and triggers the limited statutory appeal period; delayed first appeals remain barred.
Service of an order-in-original by affixture at the registered premises, recorded through a panchnama, constitutes reliable evidence of service where postal communications are repeatedly returned and the address remains in use. Under section 85(3A) of the Finance Act, 1994, an appeal must be filed within two months, with condonation available for only one further month on sufficient cause. A first appeal filed after that maximum statutory period is time-barred and cannot be entertained.

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Central Excise

2000 (2) TMI 151 - AT - Central Excise

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Rule 57H declaration controls Modvat credit on stock inputs, and missing stock particulars defeat entitlement
Rule 57H required a specific declaration to claim Modvat credit on inputs lying in stock, and that declaration had to identify the stock position and ... Summary

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Acts Income Tax