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Case Laws
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AI Text Quick Glance by AI Headnote
AI TextQuick Glance (AI)Headnote
Benami cash deposits through another's bank account remain benami despite prompt banking-channel return, while attachment is limited.
Cash transferred by a beneficial owner to another person for deposit in that person's bank account can constitute a benami transaction under the Prohibition of Benami Property Transactions Act, 1988. Cash is movable property and may simultaneously serve as the property held for the beneficial owner's benefit and as the consideration supplied by that owner. A recipient who deposits the cash in a personal or proprietorship account and lends their name may be a benamidar; prompt retransfer through banking channels does not negate temporary holding for the owner's benefit. Attachment should be limited to the residual available balance and the applicable interest-free bond after tax payment and deposit under the Pradhan Mantri Garib Kalyan Yojana, rather than the entire original amount.
AI TextQuick Glance (AI)Headnote
Effective cross-examination safeguards assessments based solely on third-party evidence, requiring fresh determination when the opportunity is illusory.
Effective cross-examination is required where a seized slip and a third-party statement are the sole basis for an assessment addition. Requiring the assessee to attend cross-examination the following morning does not provide a real or meaningful opportunity and is illusory for natural-justice purposes. An assessment founded on such material without an effective opportunity to test the third party's evidence cannot be sustained; the addition requires fresh determination after that opportunity is provided. Remaining objections to the addition are not addressed.
AI TextQuick Glance (AI)Headnote
Benami cash transfers through proprietorship accounts may trigger limited attachment despite subsequent banking retransfer to the beneficial owner.
Cash is movable property under the Prohibition of Benami Property Transactions Act, 1988. Where a person receives cash from its beneficial owner, deposits it into a proprietorship account in that person's name, and retransfers it for the owner's benefit, the arrangement can meet the statutory elements of a benami transaction: the recipient is a benamidar, and cash may operate as both property and consideration. Immediate banking retransfer following attempted demonetised-cash conversion does not by itself remove the arrangement from the statutory definition. Attachment must account for tax paid and sums placed in interest-free disclosure bonds.
AI TextQuick Glance (AI)Headnote
Conditional de novo GST adjudication may follow consent-based remand, subject to pre-deposit, reply, and conditional release of bank attachment.
Consent-based remand for fresh GST adjudication after expiry of the statutory appellate limitation was made conditional on deposit of 25% of the disputed tax and submission of a reply with supporting documents. The impugned order was to operate as an addendum to the show cause notice, enabling adjudication on merits. Bank attachment was to be vacated upon compliance, unless arrears existed for another tax period. Failure to meet the pre-deposit and reply conditions permitted recovery proceedings after due notice.
AI TextQuick Glance (AI)Headnote
Commercial expediency of beverage promotion supports business deductions and defeats unsupported transfer-pricing adjustments for alleged brand-building functions.
Advertisement, marketing and sales-promotion expenditure was treated as commercially expedient where increased beverage sales increased demand for concentrates, with any benefit to bottlers or brand owners being incidental. Marketing-support rebates, discounts, service charges and reimbursements were similarly described as wholly and exclusively connected with the concentrate business. Depreciation on coolers was considered allowable where the assessee retained ownership and control and the coolers supported beverage sales linked to concentrate demand. The transfer-pricing adjustment for advertising, marketing and promotion expenditure was described as unsustainable because the proposed mark-up did not arise from a recognised transfer-pricing method and overall profitability compensated the relevant functions. Consistent earlier decisions on materially identical facts were to be followed absent distinguishing material.
AI TextQuick Glance (AI)Headnote
Treaty benefit denial requires notified Multilateral Instrument incorporation; dry-leased aircraft rentals remain taxable only in Ireland under Article 8.
Multilateral Instrument modifications, including the Principal Purpose Test, cannot restrict India-Ireland treaty benefits unless separately incorporated through notification under Section 90(1). Aircraft leases retaining title, residual risks, repossession rights and re-leasing rights with the lessor are operating leases, so rentals are neither interest nor equipment royalty; aircraft are expressly excluded from equipment royalty. Dry-leased aircraft under the lessee's operational possession and control do not create a fixed place permanent establishment for the foreign lessor. Qualifying aircraft-rental income from international traffic is governed exclusively by Article 8 in Ireland, without requiring the lessor to operate the aircraft or prove predominant international use.
AI TextQuick Glance (AI)Headnote
Transfer pricing benchmarking excludes tainted comparables and may use later APA margins for unchanged support-service transactions.
A comparable may be excluded from transfer pricing benchmarking where its financial statements show proven irregularities and abnormal margin volatility, because such distortions undermine reliability of operating margins. On support services, a subsequent APA can have persuasive value for a non-APA year where the transaction profile and FAR remain unchanged and documentary evidence supports the service arrangement and benchmarked margin. The commentary also notes that consistent co-ordinate bench views support exclusion of a tainted comparable and recognition of APA-aligned margins in similar later-year transactions. The result described is rejection of the Revenue's challenge and maintenance of the transfer pricing relief.
AI TextQuick Glance (AI)Headnote
Transfer pricing adjustments under TNMM must be quantified on available records, with fresh benchmarking where margins may be affected.
Under TNMM, working capital and capacity utilisation adjustments in transfer pricing benchmarking should be quantified on the available record rather than rejected merely for imperfect data. The Tribunal noted that the assessee's financials indicated capacity under-utilisation and held that the TPO could seek further information and adopt a suitable method for quantification instead of denying the claim for want of exact substantiation. It found that ignoring the effect of such adjustments on margins was inconsistent with Rule 10B(e) of the Income-tax Rules, 1962. The matter was restored to the TPO for fresh benchmarking and determination after giving due opportunity.
AI TextQuick Glance (AI)Headnote
FEMA contravention does not automatically void a sale deed; civil court relief was barred on the same issue.
A civil suit seeking to declare a sale deed null and void for alleged FEMA contravention was not maintainable where the statutory authorities under FEMA had already adjudicated the breach and imposed penalty, because the civil court cannot decide a matter assigned to the Act's self-contained mechanism. The court also held that a FEMA violation does not, by itself, render a sale void under Section 23 of the Indian Contract Act or Section 6(h) of the Transfer of Property Act; in the absence of confiscation, the transaction was not shown to be forbidden by law. The partition decree was sustained for ancestral properties, but declaration and consequential reliefs concerning the sale transaction were set aside.
AI TextQuick Glance (AI)Headnote
Equitable relief in ex parte assessment allowed on conditional deposit, with remand for fresh consideration of turnover reconciliation.
Ex parte assessment and rejection of a belated appeal were interfered with where the assessee had not responded to the show-cause notice or produced supporting documents, but offered an explanation for non-participation and raised issues on turnover reconciliation. The HC held that an opportunity should be granted on equitable terms, and made relief conditional on further deposit because 10% of the disputed tax had already been paid at the appellate stage. On deposit of the balance 15%, the appellate order and assessment order were set aside and the matter was remitted for fresh consideration by the authority.
AI TextQuick Glance (AI)Headnote
Consistency principle sustains transfer pricing treatment, infrastructure deductions, exempt-income disallowance relief, and capital treatment of sales-tax deferral gains.
Transfer pricing on loans to associated enterprises was tested by reference to the lending rate in the jurisdiction where funds were received and used, while corporate guarantee commission remained restricted under the consistency principle. Deductions for rail and water systems and carbon emission reduction receipts were treated as allowable under section 80-IA based on earlier determinations. Where interest-free funds exceeded exempt-income investments, disallowance of indirect expenditure was restricted using the exempt-income-linked investment base, with the corresponding book-profit treatment sustained. Gain from prepayment of sales-tax deferrals was treated as capital, and project-creditor write-offs were not taxable as benefits arising from business.
AI TextQuick Glance (AI)Headnote
Limitation under section 153 in transfer pricing matters: remand for verification and giving effect orders both failed as time-barred.
Where the Tribunal had remanded the advances to associated enterprises issue for factual verification, the resulting action was treated as falling under section 153(3) of the Income-tax Act, 1961; where it had already given a conclusive finding on corporate guarantee commission, the Assessing Officer was only required to give effect under section 153(5). In both situations, the impugned assessment orders were passed beyond the applicable limitation period and were therefore held time-barred. The same limitation reasoning was applied to the assessment year involving corporate guarantee and outstanding receivables, and the consequential orders were struck down, leaving the substantive transfer pricing grounds undecided.
AI TextQuick Glance (AI)Headnote
Penalty for initial non-compliance was deleted after later substantial compliance and acceptance of returned income in assessment.
Penalty under section 272A(1)(d) of the Income-tax Act was held unjustified where the assessee initially failed to comply with notices under section 142(1) but later furnished detailed replies and supporting documents that were verified and accepted by the Assessing Officer. As the assessment was completed under section 143(3) by accepting the returned income and without any adverse inference, the earlier non-compliance was treated as effectively regularised and condoned in the course of assessment. The penalty was deleted and the connected appeals were allowed in favour of the assessee.
AI TextQuick Glance (AI)Headnote
Input tax credit mismatch cannot by itself justify denial where imports and SEZ procurements were not reflected in GSTR-2A.
Input tax credit could not be denied merely because credits appeared in GSTR-3B but not in GSTR-2A where the disputed entries related to imports and SEZ procurements that were not reflected in GSTR-2A by system design, and the reporting error was supported by the record and later corrected in the annual return. The Karnataka HC set aside the demand, interest and penalty on that count. On the remaining issues, including corporate guarantee, cross-charges, ineligible input tax credit, merchant export rate, refund, reverse charge on import of services, and doctor consulting or patient counseling, the Court found the adjudication incomplete and remanded the matter for fresh consideration.
AI TextQuick Glance (AI)Headnote
Corporate guarantee pricing and book-profit computation require independent interest-savings allocation and exclusion of section 14A disallowance.
Corporate guarantee commission under the interest saving method was directed to be recomputed using a 50:50 allocation of interest savings between guarantor and borrower, based on comparable coordinate-bench approaches and the facts presented. The allocation was not treated as a universal standard. Book profit under section 115JB must be computed independently under clause (f) of Explanation 1, without importing disallowance calculated under section 14A and Rule 8D; related additions were therefore to be removed and book profit recomputed. Taxable income also required verification and recomputation after considering the pending rectification claim, earlier reductions and set-off relief.
AI TextQuick Glance (AI)Headnote
Input tax credit mismatch disputes require proper GSTR-2B verification and fresh merits-based adjudication before confirming GST demand.
GST demand based on an alleged excess input tax credit mismatch between GSTR-3B and GSTR-2B was set aside where the Court found, prima facie, that the impugned order did not properly consider the petitioner's factual submissions and supporting records. The assessment had relied on Section 16(2), Rule 36(4), the circular and Section 73 to confirm tax, interest and penalty, but the comparison reflected in the order did not accurately capture the ITC shown in GSTR-2B for the relevant period. The assessment order was quashed and the matter remitted for fresh adjudication on merits after considering the petitioner's submissions and granting personal hearing.
AI TextQuick Glance (AI)Headnote
Defective GST cancellation notice cannot sustain adverse action where alleged contraventions are not properly disclosed.
GST registration cancellation was held unsustainable where the show cause notice did not specify the alleged contraventions or deficiencies. A proper, detailed notice is required before adverse action under the GST framework, and the absence of particulars deprived the taxpayer of a meaningful opportunity to respond. Because the cancellation order was founded on that defective notice, the appellate order also could not survive. The cancellation notice, cancellation order, and appellate order were set aside, with liberty to issue a fresh notice and proceed in accordance with law.
AI TextQuick Glance (AI)Headnote
Search-based reassessment fails without incriminating material, valid sanction, and procedural compliance; share gain additions also collapse.
Search-based reassessment under Sections 147 and 148 requires incriminating material, valid limitation, sanction, and compliance with mandatory procedure; on the stated facts, the reassessment was treated as void because no search material linked the assessee to escaped income, the extended limitation under Section 149(1)(b) was unavailable, and the safeguards under Sections 151, 153D and the GKN Driveshafts procedure were not properly followed. On the merits, exchange-traded share transactions supported by contract notes, demat records and bank entries were accepted as genuine, so additions under Sections 68 and 69C, denial of Section 10(38) exemption, and tax under Section 115BBE could not survive.
AI TextQuick Glance (AI)Headnote
Delay and statutory appeal under GST bar writ relief where the order was uploaded on the portal and no follow-up was shown.
A writ petition challenging a GST adjudication order was not entertained because it was filed more than 14 months after the order was uploaded on the portal and the petitioner showed no periodic portal checks or departmental follow-up. The Court held that lack of asserted knowledge did not excuse the delay, and that the proper remedy was to file a statutory appeal under Section 107 of the GST Act with a condonation application. Without examining the tax merits, the Court declined writ jurisdiction and left it open to the appellate authority to consider the appeal and delay petition on their own merits, including the time spent before the writ court.
AI TextQuick Glance (AI)Headnote
Reassessment notice limitation under section 149 barred revival of a time-expired section 148 notice and invalid reassessment.
A notice under section 148 for assessment year 2015-16 was held time-barred under section 149 because it was issued on 13.04.2022, beyond the limitation period applicable under the unamended regime. The amended reassessment framework did not revive a notice that had already become barred for assessment years beginning on or before 01.04.2021. On that basis, the notice was quashed, and the reassessment order failed as it was founded on an invalid notice.

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Case Laws

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