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Case Laws
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AI Text Quick Glance by AI Headnote
AI TextQuick Glance (AI)Headnote
GST classification of wellness turmeric supplements follows food-preparation tariff treatment, while retail price does not alter the applicable rate.
Turmeric Extract / Curcuma Elixir marketed as a dietary supplement for wellness, immune support and nutrition, without a specific therapeutic claim, falls under Heading 2106 as a food preparation rather than Chapter 30 medicaments or Chapter 33 products. Classification follows common parlance, essential character and primary use; its water-based composition and absence of separated essential oil or cosmetic, perfumery or flavouring use support this treatment. The applicable GST rate was 18% before 22 September 2025 and 5% thereafter. MRP does not affect classification or GST rate under Heading 2106 because no express value-based rate condition applies.
AI TextQuick Glance (AI)Headnote
GST classification of printing distinguishes customer-material processing from printer-supplied religious-book orders, determining concessional eligibility and standard-rate service treatment.
Printing performed on customer-supplied paper and content falls under Heading 9988; it constitutes job work only where the owner of the goods is GST registered, but remains a treatment or process on another person's goods otherwise. The 5% GST rate applies only to specified printing of newspapers, books, journals, periodicals and qualifying Chapter 48 or 49 goods; other Heading 9988 printing attracts 18%. Printing religious books using the printer's own paper and consumables is a composite supply with printing as the principal supply, classifiable under Heading 9989 and taxable at 18%, rather than a supply of books eligible for NIL or concessional GST.
AI TextQuick Glance (AI)Headnote
Employment contracts remain outside commercial-court jurisdiction, requiring return of a wrongly filed plaint to the competent civil forum.
Employment-related claims for salary, increments, remuneration, commission and other dues arising from an employment agreement do not constitute commercial disputes under the Commercial Courts Act, 2015. A contract of personal service retains its employment character even where the claim concerns payment obligations or sales-linked remuneration. Where a plaint is filed before a forum lacking commercial jurisdiction, it should be returned for presentation before the competent non-commercial court rather than dismissed, allowing the claimant to pursue the existing plaint in the proper forum.
AI TextQuick Glance (AI)Headnote
Faceless assessment limitation starts on portal upload of DRP directions, making later final orders time-barred and void.
Section 144C(13) requires a final assessment to be completed within one month from the end of the month in which Dispute Resolution Panel directions are received. In a faceless process, receipt occurs when the directions are uploaded to the designated portal; subsequent internal transmission or later availability to the Assessing Officer does not extend that statutory period. Directions uploaded on 30 December 2025 therefore required completion by 31 January 2026. A final assessment order dated 19 February 2026 was consequently treated as time-barred and void.
AI TextQuick Glance (AI)Headnote
Personal hearing in adverse GST determinations is essential; orders issued without it require fresh adjudication.
Personal hearing is required before an adverse GST determination is made. Where the Revenue cannot establish that the assessee received an opportunity to be heard, the resulting order breaches the principles of natural justice and is unsustainable. The assessee must receive a fresh determination after being afforded a personal hearing.
AI TextQuick Glance (AI)Headnote
Stay of tax recovery requires prima facie merits, balance of convenience, and statutory payment compliance.
Recovery of outstanding tax demand pending appeal may be stayed where the taxpayer establishes a prima facie case and balance of convenience. Consistent use of the Transactional Net Margin Method in earlier accepted years, followed by a Comparable Uncontrolled Price Method adjustment without a demonstrated change in facts, supported interim protection. Applying the payment requirement under the second proviso to section 254 of the Income-tax Act, recovery was stayed upon payment of 20% of the outstanding demand. The remaining demand was stayed for 180 days or until disposal of the appeal, whichever occurred earlier.
AI TextQuick Glance (AI)Headnote
Recovery stay extended where pending Advance Pricing Agreement, bank guarantee, and continuing hardship supported interim protection from tax demand.
Stay of recovery of disputed income-tax demand was extended where delay in disposal of the appeal was not attributable to the assessee, the relevant assessment year was covered by a pending Advance Pricing Agreement, and the assessee had furnished the required bank guarantee under the earlier stay condition. The continuing prima facie case, balance of convenience and relative hardship supported protection from recovery. The stay operates for 180 days or until disposal of the appeal or the assessee's acceptance of the Advance Pricing Agreement, whichever occurs first.
AI TextQuick Glance (AI)Headnote
Working capital adjustments and CSR deduction claims require verification when supported by facts already on record.
Working-capital adjustments in transfer-pricing benchmarking may be required where differences in inventory, trade receivables and trade payables materially affect operating margins and can be eliminated through a reasonably accurate computation. Relief depends on verification of reliable supporting data and the adjustment calculation. An alternative charitable deduction claim for a CSR contribution may be considered at the appellate stage where it arises from facts already on record, even if omitted from the income-tax return. Disallowance of the payment as business expenditure does not independently prevent charitable-deduction eligibility, which remains subject to verification of the donee, receipt, payment mode and statutory limits.
AI TextQuick Glance (AI)Headnote
Women's exemption from PMLA bail twin conditions remains discretionary and subject to ordinary bail safeguards.
The first proviso to Section 45(1) of the Prevention of Money Laundering Act exempts every woman accused from the statutory twin conditions for bail, without classification by education, status, or profession. The exemption is discretionary and does not create an automatic right to bail. Regular bail remains subject to ordinary considerations, including the prima facie case, gravity of allegations, attributed role, flight risk, and potential interference with witnesses or evidence. The dispensation is linked to substantive equality and the constitutional protection for women under Article 15(3). Prolonged custody, lack of need for further interrogation, delayed trial, and absence of tangible interference risks may support exercise of the discretion.
AI TextQuick Glance (AI)Headnote
Functional comparability in transfer pricing requires regulatory affairs services to be benchmarked independently, not re-characterised as knowledge process outsourcing.
Transfer-pricing analysis treats enterprises as associated where an overseas entity's business is wholly dependent on regulatory affairs and compliance processes performed by the Indian entity, engaging section 92A(2)(g). The Indian entity remains the tested party where foreign comparable data cannot be readily accessed or verified. Regulatory affairs services cannot be re-characterised as knowledge process outsourcing unless they fall within Rule 10TA(g)'s exhaustive definition. Comparables performing materially different functions fail functional, asset and risk and comparability analysis; the arm's length price requires fresh benchmarking against functionally comparable entities after an opportunity to furnish relevant material.
AI TextQuick Glance (AI)Headnote
GST appellate pre-deposit is not required when disputed tax was already paid under IGST for supply-classification disputes.
GST appellate pre-deposit is not required where the disputed tax has already been paid under the IGST regime and the dispute concerns whether supplies are inter-State or intra-State, resulting in CGST and SGST liability. As the demand did not involve excess input tax credit, requiring a further 10% deposit under Section 112 would not be warranted for access to the appellate remedy. An appeal may be filed before the GST Appellate Tribunal within one week without that additional pre-deposit, while all merits issues remain open.
AI TextQuick Glance (AI)Headnote
Criminal case closure requires final tax liability; later determination necessitates reconsideration when closure assumed liability was satisfied.
Closure of criminal proceedings cannot rest on an assumption that prosecution's purpose is satisfied where assessment and appellate orders have been partly set aside and remitted, leaving tax liability unresolved. Liability determined and discharged only after the closure order does not establish that it had been fully satisfied when closure was ordered. The closure lacked a sustainable basis and requires reconsideration by the Trial Court after taking account of subsequent developments.
AI TextQuick Glance (AI)Headnote
Beneficial tax-law election permits Mauritius residents to preserve pre-2017 share capital losses under domestic computation rules.
Section 90(2) allows a Mauritius-resident taxpayer to apply either the Income-tax Act or the India-Mauritius tax treaty, whichever is more beneficial; treaty provisions cannot be imposed compulsorily. Capital gains exempt under Article 13 do not enter total-income computation. Where capital losses on shares acquired before 1 April 2017 are determined or claimed under the Act, they may be set off and carried forward under the Act's computation rules. Previously accepted brought-forward losses remain available, requiring taxable income to be recomputed after allowing current-year and brought-forward long-term capital losses.
AI TextQuick Glance (AI)Headnote
Service-tax demand requires examination of complete work contracts before fresh determination after hearing and further evidence.
Service-tax demand orders require consideration of the relevant work contracts and agreements where those materials are placed on record. Complete contractual material must be examined, with parties permitted to produce further relevant documents and given an opportunity of hearing before a fresh determination. The existing demand order was set aside for reconsideration by the competent Commissioner on the complete record.
AI TextQuick Glance (AI)Headnote
Show cause notice limits prevent adjudicating authorities from confirming tax penalties beyond the amounts proposed in proceedings.
Section 75(7) bars an adjudicating authority from confirming tax or penalty beyond the amounts specified in the show cause notice. Where the notice proposed tax of Rs. 96,000 and penalty of Rs. 20,000, confirmation of an equivalent Rs. 96,000 penalty exceeded the proposed penalty. Such excess confirmation breaches the mandatory statutory limit and is without jurisdiction. The penalty confirmation beyond the notice was invalid and was set aside in favour of the assessee.
AI TextQuick Glance (AI)Headnote
TDS credit protection requires relief after verified deduction, while unserved processing intimations cannot sustain tax recovery or refund adjustment.
TDS credit must be granted, with consequential relief, where deduction from the assessee's income is verified even if the deductor failed to remit the tax to the Central Government. Section 205 protects the assessee from recovery of tax already deducted, and an insolvency claim against the deductor for unpaid receivables does not bar the credit claim. An intimation determining tax payable is enforceable as a demand only upon mandatory service on the assessee. Where service cannot be proved, the demand cannot support recovery proceedings or adjustment of refunds under Section 245.
AI TextQuick Glance (AI)Headnote
Book-profit adjustments exclude reserves not charged to profit and loss, while support-service evidence requires fresh transfer-pricing review.
Contemporaneous evidence on intra-group support-service payments, including service rendition, benefits, costs and arm's-length character, may be admitted where limited response time and non-production provide sufficient cause. Its verification requires fresh transfer-pricing determination with opportunity to both sides. Reserve for Unexpired Risks cannot be added to book profit under clause (b) of Explanation 1 to section 115JB where it was not debited to the statement of profit and loss. The book-profit computation must therefore exclude such a reserve, consistently with the settled position.
AI TextQuick Glance (AI)Headnote
Input tax credit for covered financial years remains available where the return was filed within Section 16(5)'s extended deadline.
Section 16(5) overrides the time limit in Section 16(4) for input tax credit relating to financial years 2017-18 through 2020-21. It permits credit to be claimed through a return filed by 30 November 2021. Input tax credit for financial year 2018-19, claimed through a return filed on 23 October 2019, falls within this preserved period and cannot be denied on the limitation ground.
AI TextQuick Glance (AI)Headnote
Recorded loan repayments in demonetised currency remain explained credits when books and corroborative evidence establish genuine recoveries.
Repayment of recorded micro-finance loan receivables, supported by audited disclosures, cash-book entries, cash-flow details, deposit particulars and borrower confirmations, does not create a fresh unexplained cash credit. Receipt in demonetised currency and non-service of some third-party notices do not establish undisclosed income without material disproving the repayments, particularly where the books and loan portfolio remain unrejected. Interest embedded in the instalments, already credited in the books and offered to tax, cannot be separately added once the principal recoveries are accepted; such addition would duplicate taxation.
AI TextQuick Glance (AI)Headnote
Disputed service and hearing claims require statutory appellate review when an effective alternative remedy remains available.
Writ jurisdiction under Article 226 will generally not be exercised to resolve disputed facts concerning service of a show cause notice, hearing notice, or order-in-original where an efficacious statutory appeal is available. Allegations of non-service and denial of hearing, disputed by assertions of service through speed post, email, and the web portal, should be examined by the appellate authority. The petitioner was relegated to the statutory appellate remedy, with the appellate authority directed to consider on merits any request to exclude the time spent pursuing the writ petition.

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1995 (9) TMI 94 - AT - Income Tax

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Validity of reassessment upheld based on loan transaction doubts; ITAT affirms CIT (A) decision.
The ITAT upheld the validity of the reassessment proceedings initiated by the Assessing Officer under section 147(b) based on information received from ... Summary

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Acts Income Tax