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    Section 35D amortisation and ESOP costs allowed, while share issue expenses stayed capital in nature
    Section 89(1) relief for arrears of salary perquisite allowed where employer contribution formed part of taxable salary.
    Jurisdictional objection under entry tax law left open as Tribunal directed to hear second appeal on all grounds
    Input tax credit cannot be denied to a bona fide purchaser for supplier tax default absent collusion or sham dealings.
    Prior notice before coercive GST action upheld where investigation continued and no arrest proposal had been approved.
    Section 144C(13) mandatory compliance with DRP directions: final assessment quashed for ignoring panel modifications.
    Operating income under TNMM includes normal export forex gains, while valid CSR-linked donations may still qualify for section 80G deduction.
    Search assessment jurisdiction: mechanical approval and third-party material without prescribed procedure invalidate assessments and related additions...
    Genuine unsecured loan not taxable under section 56(2)(x) merely because of alleged company law non-compliance.
    Mandatory sanction under reassessment law vitiates reopening when approval comes from the wrong authority after three years.
    Valuation safe harbour prevents share-premium additions, while business facilitation costs remain deductible as revenue expenditure.
    Search-based reopening and seized cash-record additions turn on corroborated evidence, while unsupported blanket extrapolation fails.
    Customs penalty requires liability to confiscation and proven false declaration; absent both, consequential penalties fail.
    Penalty under Customs law requires proof of foreign origin, smuggling, and conscious involvement; unsupported allegations fail.
    Declared transaction value prevails where arm's length bidding is proved and inadmissible evidence cannot displace import valuation.
    PMLA inquiry can proceed without prior FIR; ECIR is non-statutory and income-tax settlement immunity does not bar action.
    CENVAT credit lapse and rule 6 demands rejected where separate accounts and export under bond protected the assessee
    Integrated mine services qualify as input service for CENVAT credit even when waste ore is discarded at the mine.
    Customs exemption survives procedural lapse where substantive restriction was satisfied and goods were not used for excluded manufacture.
    Section 153C initiation follows seized-material handover, invalidating proceedings commenced after the statutory cutoff for non-searched persons.
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Section 35D amortisation and ESOP costs allowed, while share issue expenses stayed capital in nature
Section 35D amortisation for pre-operative expenses was allowed because the deduction had already been accepted in the initial years and could not be denied later without disturbing the original allowance. ESOP-related expenditure reimbursed to the holding company was held deductible under section 37(1) as a real business outgo incurred for employees and wholly for business purposes. Share issue expenses remained capital in nature because they were incurred to expand the capital base, so they were not allowable as revenue expenditure even if the funds were used for working capital. The penalty ground under section 270A was not entertained as premature. The appeal succeeded only in part.
AI TextQuick Glance (AI)Headnote
Section 89(1) relief for arrears of salary perquisite allowed where employer contribution formed part of taxable salary.
Arrears of an employer's contribution to an approved superannuation fund, treated statutorily as a perquisite and therefore part of salary, qualify for relief under section 89(1) when received in a later year. The Tribunal noted that section 17(1)(iv) and section 17(2)(vii) bring the relevant employer contribution within salary income, and that Rule 21A read with Form 10E governs the claim procedure. A contrary employer circular could not override the statutory scheme. Relief under section 89(1) was held admissible and the claim was directed to be allowed.
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Jurisdictional objection under entry tax law left open as Tribunal directed to hear second appeal on all grounds
The writ court declined to rule on the merits of the jurisdictional objection under the Odisha Entry Tax Act, 1999, but held that the second appeal should now be heard on all grounds because the NCLAT proceeding that had influenced the Tribunal was already disposed of. It directed the Odisha Sales Tax Tribunal to expeditiously decide the second appeal, including the jurisdictional issue, while expressly leaving the substantive controversy open for determination in the proper proceeding.
AI TextQuick Glance (AI)Headnote
Input tax credit cannot be denied to a bona fide purchaser for supplier tax default absent collusion or sham dealings.
Input tax credit cannot be denied to a bona fide purchasing dealer who bought from a registered supplier, received the goods, and complied with statutory requirements merely because the supplier failed to deposit tax. The proper remedy lies against the defaulting supplier, not the purchaser, unless the Department shows collusion or lack of bona fides in the transaction. On that basis, demand, interest and penalty were held unsustainable against the purchaser, and the impugned orders were set aside, while the Department's right to proceed on evidence of non-genuine dealings was preserved.
AI TextQuick Glance (AI)Headnote
Prior notice before coercive GST action upheld where investigation continued and no arrest proposal had been approved.
In GST investigation proceedings, the Delhi HC upheld a direction requiring seven days' prior notice before coercive action after dismissal of anticipatory bail applications, holding that it was not an impermissible blanket protection. The Court noted that no arrest proposal had yet been placed before the Commissioner for approval, but investigation was still continuing and the respondents were required to join it. The direction was confined to prior notice before coercive steps, preserved the Department's right to proceed in accordance with law, and allowed the respondents an opportunity to seek remedies if arrest was proposed.
AI TextQuick Glance (AI)Headnote
Section 144C(13) mandatory compliance with DRP directions: final assessment quashed for ignoring panel modifications.
Section 144C(13) requires the Assessing Officer to complete the final assessment strictly in conformity with the Dispute Resolution Panel's directions. Where the Panel modified the transfer pricing adjustment and directed recomputation of interest on receivables, the Assessing Officer could not ignore those directions in the final order. The absence of a TPO order giving effect to the directions did not excuse non-compliance. The Tribunal treated the order as contrary to the mandatory statutory scheme and quashed the final assessment order.
AI TextQuick Glance (AI)Headnote
Operating income under TNMM includes normal export forex gains, while valid CSR-linked donations may still qualify for section 80G deduction.
Foreign exchange gains from realisation of export proceeds for IT/ITES services are treated as operating income for TNMM where they arise in the normal course of business, and their exclusion from operating results is not justified on first principles or by inapplicable safe harbour rules. A donation forming part of CSR expenditure remains eligible for deduction under section 80G if it is supported by a valid 80G certificate and no applicable statutory bar applies. Foreign tax credit claims under section 90 may be restored for verification before credit is granted. Interest under sections 234A, 234B and 234C and initiation of penalty under section 270A follow the assessment as consequential matters.
AI TextQuick Glance (AI)Headnote
Search assessment jurisdiction: mechanical approval and third-party material without prescribed procedure invalidate assessments and related additions.
Section 153D requires meaningful, year-wise prior supervisory approval; a consolidated approval without demonstrated examination of records or reasons is treated as mechanical and incapable of supporting search assessments. Completed, unabated assessments may be disturbed in search proceedings only on the basis of incriminating material. Material belonging to another person requires the prescribed third-party assessment procedure, and ordinary assessment provisions cannot replace that route where it applies. Consistently followed Project Completion Method cannot be displaced by estimated Percentage Completion Method income without defects in the books or evidence of profit distortion. Unverified loose sheets require independent corroboration. Project-profit estimation is unsupported where the assessee neither owned nor developed the project, and documented agricultural receipts and cash availability explain cash deposits.
AI TextQuick Glance (AI)Headnote
Genuine unsecured loan not taxable under section 56(2)(x) merely because of alleged company law non-compliance.
A bona fide unsecured corporate loan received from a group concern was held not taxable under section 56(2)(x) merely because of alleged Companies Act non-compliance, including delayed filing of forms and absence of a contemporaneous board resolution. The lender's identity, creditworthiness and the genuineness of the transaction were not disputed, and the funds were received through banking channels and recorded in the books. The Tribunal held that a genuine loan carrying an obligation to repay does not become income under section 56(2)(x) simply due to alleged corporate law irregularities. The addition was therefore unsustainable and the deletion was upheld.
AI TextQuick Glance (AI)Headnote
Mandatory sanction under reassessment law vitiates reopening when approval comes from the wrong authority after three years.
Reassessment initiated after three years from the end of the relevant assessment year requires approval from the sanctioning authority prescribed under section 151 for that extended period. Because approval was obtained from the Principal Commissioner instead of the higher authority mandated by the substituted reassessment regime, the jurisdictional condition for reopening was not met. The reassessment notice and the assessment founded on it were therefore invalid and quashed in favour of the assessee, leaving the remaining grounds academic.
AI TextQuick Glance (AI)Headnote
Valuation safe harbour prevents share-premium additions, while business facilitation costs remain deductible as revenue expenditure.
A 10% safe harbour under Rule 11UA deems the issue price to be fair market value where its variation from valuation remains within the permitted margin, preventing an addition under section 56(2)(viib). The curative amendment was treated as retrospectively applicable. Legal and professional charges incurred for due diligence, advisory services, meetings, and drafting or vetting agreements in connection with business and fund-raising are revenue expenditure where they create neither a capital asset nor an enduring capital advantage. Such expenditure is allowable under section 37(1), and the addition and disallowance were deleted.
AI TextQuick Glance (AI)Headnote
Search-based reopening and seized cash-record additions turn on corroborated evidence, while unsupported blanket extrapolation fails.
Reopening beyond three years under section 149(1)(b) requires seized material itself to show that escaped income is represented by an asset, expenditure, or relevant book entry; vague reasons and borrowed satisfaction do not sustain section 148 notices, so the reassessment for those years was quashed. On seized cash-book entries, a blanket inference that figures were written after truncating two zeroes was rejected for want of independent corroboration, but the 16% profit estimate was upheld on the facts; two-zero addition was confined only to entries supported by evidence. Third-party cash-payment additions were sustained where supported by signed corroborative material, and remanded for verification where the receipt was unsigned and the evidentiary basis was incomplete.
AI TextQuick Glance (AI)Headnote
Customs penalty requires liability to confiscation and proven false declaration; absent both, consequential penalties fail.
Penalty under section 112(a) of the Customs Act, 1962 cannot be sustained unless the imported goods are liable to confiscation; here, confiscation under section 111(m) was ruled out because the declared value was found correct and the overvaluation allegation failed, so the penalty was not imposable. Penalty under section 114AA also could not be imposed because no false or incorrect declaration in the import documents was established. The departmental appeals therefore failed, leaving the dropping of proceedings undisturbed.
AI TextQuick Glance (AI)Headnote
Penalty under Customs law requires proof of foreign origin, smuggling, and conscious involvement; unsupported allegations fail.
Penalty under section 112(b) of the Customs Act cannot be sustained unless the department proves foreign origin and illicit importation of the goods, together with conscious knowledge and a nexus to the alleged smuggling. Here, gold and silver were recovered from a car in which the appellants were travelling, but the evidence did not conclusively establish that the gold was imported from Nepal or otherwise smuggled. The laboratory report showing 98.15% gold content did not support the foreign-origin allegation, and the record did not prove the appellants' conscious involvement. The penalty was therefore set aside.
AI TextQuick Glance (AI)Headnote
Declared transaction value prevails where arm's length bidding is proved and inadmissible evidence cannot displace import valuation.
Declared transaction value in a composite EPC import contract was accepted where the imports were awarded through international competitive bidding to the lowest bidder and the related-party relationship was found not to have influenced price. Material relied on to allege over-valuation was disregarded for want of admissible proof under section 138C(4), and earlier final findings from the same investigation were followed. Once the declared value stood, confiscation under section 111(m) could not be sustained, and penalties under sections 112(a) and 114AA also failed because no misdeclaration or false declaration survived.
AI TextQuick Glance (AI)Headnote
PMLA inquiry can proceed without prior FIR; ECIR is non-statutory and income-tax settlement immunity does not bar action.
Under the Prevention of Money Laundering Act, 2002, an ECIR is only an internal, non-statutory record and its quashing is not maintainable as an independent remedy. Summons under Section 50 may issue as part of inquiry machinery to collect evidence and information about proceeds of crime, even without a prior FIR or complaint for a scheduled offence, and the recipient does not become an accused merely because of summons. Civil action such as inquiry and attachment may also proceed on information indicating proceeds of crime before formal registration of the scheduled offence, though prosecution for money laundering requires the existence of a scheduled offence. Immunity granted in Income-tax settlement proceedings does not bar proceedings under the PMLA.
AI TextQuick Glance (AI)Headnote
CENVAT credit lapse and rule 6 demands rejected where separate accounts and export under bond protected the assessee
Rule 11(3) of the CENVAT Credit Rules, 2004 does not cause lapse of accumulated credit where only some final products become exempt and other dutiable products continue to be manufactured from common inputs; the balance remains usable for duty payment on dutiable clearances, so the lapse demand was unsustainable. Rule 6(3) also does not permit a fixed percentage demand on exempted domestic clearances where separate accounts are maintained and no credit is taken on inputs used exclusively for exempt goods; that demand was therefore not recoverable. Goods exported under bond are excluded from rule 6(3) by rule 6(6)(v), so no percentage-based demand could be raised on such exports. The order dropping the proceedings was upheld in full.
AI TextQuick Glance (AI)Headnote
Integrated mine services qualify as input service for CENVAT credit even when waste ore is discarded at the mine.
CENVAT credit on service tax paid for handling, transporting and crushing ore in captive mines is treated as admissible input service where those activities form an integrated process for obtaining usable ore for manufacture. Rule 2(l) of the CENVAT Credit Rules, read with Section 2(f) of the Central Excise Act, is applied broadly to services used directly or indirectly, or in relation to manufacture, and the credit is not confined only to ore physically reaching the factory. Discarding waste material at the mine does not break the nexus with manufacture. On that basis, the demand failed and the related interest and penalty also did not survive.
AI TextQuick Glance (AI)Headnote
Customs exemption survives procedural lapse where substantive restriction was satisfied and goods were not used for excluded manufacture.
Exemption under a customs notification was examined in light of the prescribed concessional-duty procedure and undertaking requirements. The text states that the adjudicating authority could consider the notification conditions because they were already included in the show cause notice, so denial on that basis did not go beyond the notice. It also states that, where the importer was only a trader and the goods were in fact not used in the manufacture of the excluded goods, mere failure to follow the Customs (Imports of Goods at Concessional Rate of Duty) Rules, 2017 or furnish the undertaking did not, by itself, defeat the exemption. On those facts, the duty demand, interest and penalty were set aside.
AI TextQuick Glance (AI)Headnote
Section 153C initiation follows seized-material handover, invalidating proceedings commenced after the statutory cutoff for non-searched persons.
Section 153C treats, for a person other than the searched person, the Assessing Officer's receipt or handover of seized material as the initiation date under its first proviso. Section 153C(3) excludes its application to searches initiated on or after 1 April 2021. Where satisfaction was recorded and seized material was taken up for proceedings on 14 November 2022, jurisdiction under Section 153C was unavailable. The original search date relating to the searched persons could not govern proceedings against the other assessee. The notice and consequential assessment therefore lacked jurisdiction and were quashed.

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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