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    Recorded cash sales supported by books and stock records prevent demonetisation deposits from being treated as unexplained income.
    Refund interest under section 244A runs until actual payment when the Revenue delays issuance beyond determination.
    Section 68 burden shifts on documentary proof, and section 14A disallowance cannot exceed exempt income earned.
    Transfer pricing on intra-group services and TNMM margins: nil ALP and manufacturing adjustment both rejected for lack of support
    NCLT-appointed director's authorisation remained valid despite subsequent DIN activation, defeating the basis for criminal proceedings.
    Transfer pricing comparability turns on functional profile, risk and segmental data; negative working capital adjustment was rejected.
    Bona fide misunderstanding defeats Black Money penalty for non-disclosure of foreign retirement-plan remittance.
    Bona fide non-disclosure of foreign bank deposits did not justify penalty where income was disclosed and tax was paid.
    Evidence-based corporate tax and transfer pricing rulings delete major additions, while unsupported cash expense remains partly disallowed.
    Meaningful opportunity to file supplementary GST reply through the portal required; refund rejection set aside and remanded.
    Anti-profiteering framework sustained as GST rate reduction must be passed on through commensurate price cuts.
    Typographical correction confined quashing to the challenged appellate order while preserving condonation of delay.
    Recorded reasons to believe are mandatory before blocking input tax credit under Rule 86-A.
    Writ jurisdiction cannot bypass GST appellate limitation absent patent illegality or natural justice breach.
    Section 153C notice upheld after prior section 148 quashing with liberty to proceed in accordance with law
    Anticipatory bail in GST fraud allegations set aside where custodial interrogation was found necessary to secure records and ascertain truth.
    Housing project deduction, absence of exempt income, and search additions: ITAT Delhi principles on proportionate relief and incriminating material.
    BIS certification and customs valuation disputes: Tribunal view on non-prohibited goods, no misdeclaration, and self-assessment upheld.
    Customs confiscation and Section 124 compliance: waiver of notice and hearing rejected, seized goods released subject to duty and charges
    Strict appellate limitation under PMLA bars condonation of unexplained re-filing delay, while tribunal directions on seized material were upheld.
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Recorded cash sales supported by books and stock records prevent demonetisation deposits from being treated as unexplained income.
Cash deposits during demonetisation, when traceable to recorded cash sales, cannot be treated as unexplained cash credits merely because cash sales increased or invoices fell below the PAN-reporting threshold. Audited books, cash-book entries, stock movement records, VAT returns and Form-F declarations supported the turnover and source of deposits. Where the books are not rejected and no defect in sales, purchases, stock flow or documentary evidence is established, suspicion and sales-pattern anomalies do not displace the recorded-business-receipts explanation. The deposits were therefore treated as explained, and the addition was deleted.
AI TextQuick Glance (AI)Headnote
Refund interest under section 244A runs until actual payment when the Revenue delays issuance beyond determination.
Interest on refund under section 244A accrues until the refund is actually issued where the Revenue retains the excess tax beyond the date of determination in the section 143(1) intimation. The return was later accepted in scrutiny under section 143(3), and the refund was granted only thereafter, so the terminal point for interest was the month of actual refund payment. The assessee was therefore entitled to interest up to that date, and the direction to grant such interest was in the assessee's favour.
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Section 68 burden shifts on documentary proof, and section 14A disallowance cannot exceed exempt income earned.
Once the assessee produced confirmations, PAN, bank statements, ITR acknowledgements, financial statements and other primary evidence, the burden under section 68 shifted to the Revenue to rebut identity, creditworthiness and genuineness with material evidence; the deletion of additions for unsecured loans and sundry creditors was therefore upheld, and the only sustained loan addition was deleted because the creditor was in liquidation and the available documents still discharged the initial burden. The consequential interest disallowance also fell with the principal addition. On section 14A, the disallowance was confined to the exempt income earned, and the later Explanation inserted by the Finance Act, 2022 was treated as prospective.
AI TextQuick Glance (AI)Headnote
Transfer pricing on intra-group services and TNMM margins: nil ALP and manufacturing adjustment both rejected for lack of support
Actual receipt of intra-group management support services was proved by agreements, invoices, time sheets, e-mails and related records, so the TPO could not treat the payment as stewardship expenditure or fix the arm's length price at nil without applying a recognised transfer pricing method; the adjustment was deleted. In the manufacturing segment, the tested party's margin, after correcting abnormal costs and comparable analysis, remained higher than the comparable margin under TNMM, so no transfer pricing addition survived; that adjustment was also deleted.
AI TextQuick Glance (AI)Headnote
NCLT-appointed director's authorisation remained valid despite subsequent DIN activation, defeating the basis for criminal proceedings.
Validity of an authorisation issued by an NCLT-appointed director in oppression and mismanagement proceedings was upheld. The director's appointment flowed from an NCLT order, and subsequent activation of the Director Identification Number was treated as procedural rather than affecting the authorisation's validity. No basis existed to initiate criminal proceedings on that ground. The Supreme Court declined to interfere with the appellate tribunal's final order and dismissed the civil appeal.
AI TextQuick Glance (AI)Headnote
Transfer pricing comparability turns on functional profile, risk and segmental data; negative working capital adjustment was rejected.
Revenue delay in filing the transfer pricing appeal was condoned on a liberal approach, supported by affidavit evidence of administrative pendency and absence of mala fides. In the software development segment, exclusions of CG-VAK Software & Exports Ltd., Larsen & Toubro Infotech Ltd., Tech Mahindra Ltd. and Persistent Systems Ltd. were upheld on functional, risk, intangibles, segmental data and product-led business differences, while Spry Resources India Pvt. Ltd. was directed to be included despite high receivables. In ITeS, Hartron Communications Ltd., Capgemini Business Services (India) Pvt. Ltd. and Infosys BPO Ltd. were excluded. Negative working capital adjustment was held impermissible for a captive cost-plus service provider, and the comparability of Sasken Communication Technologies Ltd. and Informed Technologies India Ltd. was remanded for fresh examination.
AI TextQuick Glance (AI)Headnote
Bona fide misunderstanding defeats Black Money penalty for non-disclosure of foreign retirement-plan remittance.
Penalty under the Black Money Act was found unsustainable where the disputed credit represented a later remittance of past salary deductions made by a foreign employer toward a retirement plan, rather than income or a foreign asset earned in the relevant year. The assessee's explanation that foreign employment had ceased, there was no Indian income during the year, and the non-disclosure stemmed from a bona fide belief that no return was required was accepted. On those facts, the omission was treated as a genuine misunderstanding, not concealment of undisclosed foreign income or assets, and the penalty was deleted.
AI TextQuick Glance (AI)Headnote
Bona fide non-disclosure of foreign bank deposits did not justify penalty where income was disclosed and tax was paid.
Penalty for non-disclosure of foreign bank deposits and assets was held unsustainable where the deposits arose from past overseas earnings, the related interest income had been disclosed in India and tax was paid. The return form for the relevant year did not contain a specific column requiring disclosure of such foreign assets, and the form was later amended to add that requirement. On these facts, the omission was treated as a bona fide mistake rather than deliberate concealment of offshore income or black money, so penalty under Section 43 was deleted.
AI TextQuick Glance (AI)Headnote
Evidence-based corporate tax and transfer pricing rulings delete major additions, while unsupported cash expense remains partly disallowed.
Additions and transfer pricing adjustments were addressed on evidence-based principles: commission paid to a foreign procurement facilitator was not treated as the assessees' undisclosed income because the entity was genuine and no diversion of profits was proved; balance credit card expenditure was allowed where substantial suo motu disallowance had already been made and no specific personal use was shown; section 40A(3) disallowance was deleted for want of person-specific, day-specific breach, though unsupported cash expenditure remained partly disallowed; obsolete stock was valued at realizable value without proof of suppression; the unaccounted scrap and Grade-B shoe issue required fresh verification; and several transfer pricing exclusions and adjustments were deleted or recomputed on operating margin, symmetry, and benchmarking principles.
AI TextQuick Glance (AI)Headnote
Meaningful opportunity to file supplementary GST reply through the portal required; refund rejection set aside and remanded.
Where GST proceedings are conducted entirely through an online portal, the noticee must have a workable facility to seek and file a supplementary reply before adjudication. Denial of a meaningful opportunity to place the full defence on record, including inability to use the portal for an additional reply, can amount to procedural prejudice not cured by relegating the party to appeal. The HC set aside the order rejecting the refund claim and remitted the matter for fresh adjudication after granting one opportunity to file an additional or supplementary reply.
AI TextQuick Glance (AI)Headnote
Anti-profiteering framework sustained as GST rate reduction must be passed on through commensurate price cuts.
The anti-profiteering framework was described as continuing despite omission of certain rules, with pending proceedings preserved and the Tribunal forum later taking over. Rule 133 was treated as allowing a matter to be sent back for further investigation, and the investigation scope under Rule 129 was read broadly enough to cover allied matters relevant to section 171. The six-month timeline in Rule 133(1) was treated as directory, so delay did not invalidate the proceedings. Interest and penalty were said not to apply for a period predating the relevant provisions. On the merits, failure to pass on GST rate reduction by commensurate price reduction established profiteering.
AI TextQuick Glance (AI)Headnote
Typographical correction confined quashing to the challenged appellate order while preserving condonation of delay.
A typographical error in an earlier order was corrected so the operative relief matched the intended challenge: only the appellate order was quashed, and the delay in filing the appeal was condoned. The amendment substituted the relevant paragraph to remove reference to any additional order, thereby aligning the final directions with the relief actually sought and preserving the condonation already recorded.
AI TextQuick Glance (AI)Headnote
Recorded reasons to believe are mandatory before blocking input tax credit under Rule 86-A.
Blocking of input tax credit under Rule 86-A of the UP GST Rules is valid only where the competent authority forms and records, in writing, a reason to believe before freezing the electronic credit ledger. A later explanation or subsequent instruction cannot cure the absence of recorded reasons in the blocking order itself. Where the order merely states a conclusion of fraudulent availment without disclosing the reasons required by law, and the material does not show proper application of mind to the taxpayer's case, the order is jurisdictionally deficient and liable to be set aside.
AI TextQuick Glance (AI)Headnote
Writ jurisdiction cannot bypass GST appellate limitation absent patent illegality or natural justice breach.
Where a special GST appellate remedy is time-bound, writ jurisdiction under Article 226 cannot be used to bypass the expired limitation or to defeat the statutory appellate scheme absent patent illegality. The High Court found that the challenge could have been raised immediately after the notice and assessment order, yet no appeal was filed in time; the writ was therefore not maintainable. It also held that no jurisdictional error or breach of natural justice was shown, since a reply to the show cause notice had been filed and a hearing had been granted. No interference was warranted.
AI TextQuick Glance (AI)Headnote
Section 153C notice upheld after prior section 148 quashing with liberty to proceed in accordance with law
A prior writ had quashed section 148 proceedings on the footing that action, if any, should have been taken under section 153C, while granting liberty to proceed in accordance with law. In that setting, the assessee could not later object to initiation of section 153C proceedings, and the High Court declined to interfere with the notice and the order rejecting objections, leaving the assessee free to raise other defences before the competent authority. The matters were then disposed of because the period for passing assessment orders had already elapsed, and the question of law was kept open.
AI TextQuick Glance (AI)Headnote
Anticipatory bail in GST fraud allegations set aside where custodial interrogation was found necessary to secure records and ascertain truth.
Anticipatory bail in a prosecution arising from summons under Section 70 of the Chhattisgarh GST Act for an offence under Section 132 was found unjustified on the facts. The Court noted allegations of suspicious transactions, dealings with multiple high-risk suppliers, and fraudulent input tax credit without actual supply of goods, with books and related records being relevant to the inquiry. In view of the need to ascertain the truth and secure the necessary documents, custodial interrogation was held necessary. The respondent's custody in another case was also noted. The pre-arrest bail order was set aside, the respondent was directed to be taken into custody in the present case, and the remedy of regular bail was left open.
AI TextQuick Glance (AI)Headnote
Housing project deduction, absence of exempt income, and search additions: ITAT Delhi principles on proportionate relief and incriminating material.
Section 80IB(10) deduction was analysed on a proportionate basis for a housing project approved on land exceeding one acre, with the first approval date treated as governing where multiple approvals existed and the amended commercial-area threshold applied retrospectively to eligible approved projects. The discussion also noted that 14A disallowance does not survive where no exempt income is earned, ad hoc disallowances for vehicle expenses and depreciation cannot rest on presumed personal use without supporting material, and additions for bogus purchases or notional rent in an unabated search year require incriminating material for that year. On the facts described, the assessee succeeded on each substantive issue.
Quick Glance (AI)Headnote
BIS certification and customs valuation disputes: Tribunal view on non-prohibited goods, no misdeclaration, and self-assessment upheld.
Imported goods were examined in the context of BIS certification, alleged misdeclaration, and customs valuation under the transaction value regime. The Tribunal view recorded that the goods were not prohibited merely for want of BIS certification, were not misdeclared, and that the enhanced valuation was not sustainable in law; it also treated the self-assessed bills of entry as fit to be processed for clearance under section 47. The Supreme Court noted no error in that view, condoned delay, and dismissed the appeal.
AI TextQuick Glance (AI)Headnote
Customs confiscation and Section 124 compliance: waiver of notice and hearing rejected, seized goods released subject to duty and charges
Customs confiscation proceedings must comply with Section 124, and an alleged waiver of show cause notice and personal hearing was treated as invalid. The Delhi High Court also noted that non-issuance of notice within the statutory period required release of the seized goods, subject to payment of applicable customs duty and warehousing charges, with no penalty or redemption fine. The Supreme Court recorded delay condonation and dismissed the Special Leave Petitions, finding no ground to interfere with the High Court order.
AI TextQuick Glance (AI)Headnote
Strict appellate limitation under PMLA bars condonation of unexplained re-filing delay, while tribunal directions on seized material were upheld.
A strict appellate limitation under the Prevention of Money Laundering Act, 2002 could not be relaxed on the facts, because a 225-day delay in re-filing the appeal was left unsatisfactorily explained and was therefore not condoned. The High Court also found no infirmity in the Tribunal's directions distinguishing between seized documents and digital devices forming part of the prosecution complaint and those not forming part of it; the latter could be released, while the former could be retained and used on the terms recorded. Further relief, if any, was left to the statutory remedy under Section 35(3).

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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