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    Reassessment notice beyond the limitation period was held time-barred, and the Special Leave Petition was dismissed for delay and on merits.
    Resolution plan approval extinguishes pre-resolution tax claims and bars later assessment, reassessment, and penalty proceedings.
    Condonation of delay refused for an unexplained 144-day filing lapse, resulting in dismissal of the civil appeal.
    Delay condoned and no ground found to interfere with the High Court order, so the Special Leave Petition was dismissed.
    Condonation of delay followed by refusal to interfere with the High Court order, leading to dismissal of the special leave petition.
    Article 136 interference declined as special leave petitions were dismissed after delay was condoned.
    Extended time limit for Input Tax Credit defeats earlier limitation-based demand under the CGST amendment.
    General insurance tax issues under MAT, TDS, depreciation and disallowance provisions ended largely in the assessee's favour.
    Compounding fees under the MMDR Act are not subject to TCS, and the Supreme Court declined interference.
    Bona fide share transfer receipts cannot be taxed as unexplained cash credit when documentary evidence and funding trail are established.
    Section 263 revision barred when assessment follows enquiry and adopts a plausible view on cash sales and deposits.
    Bogus purchase claims with accepted sales justify taxing only the profit element, not the full purchase amount.
    Deduction for approved donation survives later withdrawal of approval; unsupported bogus donation and commission addition fails.
    Taxability of contractual receipts under the accounting method upheld where prior year taxation was not proved
    Penalty for non-compliance with scrutiny notices fails when details are later furnished and assessment is completed without additions.
    Explained cash deposits and petty fixed asset sales cannot be taxed again when accounts and stock records are intact.
    Transfer Pricing Comparables Excluded After Uncomplied Remand, with arm's length price recomputed for correction
    Section 68 requires a credited sum in the books; unexplained cash credit addition failed in a property transaction.
    Burden of proof on foreign-origin goods failed, so vehicle confiscation, redemption fine and penalty were unsustainable.
    Refund claim is premature until exemption dispute reaches finality, even where duty was paid under protest.
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Reassessment notice beyond the limitation period was held time-barred, and the Special Leave Petition was dismissed for delay and on merits.
Reassessment proceedings were challenged as time-barred because the notice was issued after the six-year period applicable to the relevant assessment year had expired, making the reassessment notice barred by limitation. The Supreme Court also noted a gross delay of 411 days in filing the Special Leave Petition and dismissed it both for unexplained delay and on merits, with the pending applications disposed of.
AI TextQuick Glance (AI)Headnote
Resolution plan approval extinguishes pre-resolution tax claims and bars later assessment, reassessment, and penalty proceedings.
Approval of a resolution plan under the Insolvency and Bankruptcy Code, 2016 binds all stakeholders, including tax authorities, and extinguishes claims not forming part of the approved plan. Pre-resolution tax liabilities cannot be pursued after approval, and the relevant factor is the period to which the liability relates, not the date of the assessment or reassessment order. Penalty proceedings, being consequential to the underlying tax liability, also cannot continue once the principal claim stands extinguished. Proceedings relating to assessment years before plan approval were therefore without jurisdiction and unsustainable.
AI TextQuick Glance (AI)Headnote
Condonation of delay refused for an unexplained 144-day filing lapse, resulting in dismissal of the civil appeal.
An inordinate delay of 144 days in filing the civil appeal was not supported by any bona fide or plausible explanation, so the Court declined to condone the delay and dismissed the appeal on that ground. Pending interlocutory applications were also disposed of.
Quick Glance (AI)Headnote
Delay condoned and no ground found to interfere with the High Court order, so the Special Leave Petition was dismissed.
Delay was condoned, and the Supreme Court found no good ground to interfere with the High Court's impugned order. The Special Leave Petition was therefore dismissed, leaving the lower court decision undisturbed. Any pending applications were disposed of accordingly.
Quick Glance (AI)Headnote
Condonation of delay followed by refusal to interfere with the High Court order, leading to dismissal of the special leave petition.
Delay was condoned, but the Supreme Court found no good ground to interfere with the High Court's impugned judgment or order. The special leave petition was therefore dismissed, and all pending applications stood disposed of.
AI TextQuick Glance (AI)Headnote
Article 136 interference declined as special leave petitions were dismissed after delay was condoned.
Delay was condoned, and the SC declined to interfere under Article 136, finding no good ground to disturb the impugned judgment. The special leave petitions were therefore dismissed, and all pending applications were disposed of.
AI TextQuick Glance (AI)Headnote
Extended time limit for Input Tax Credit defeats earlier limitation-based demand under the CGST amendment.
Amended Section 16 of the CGST Act, by extending the time limit for availing Input Tax Credit for specified financial years up to 30 November 2021, displaced the objection based on the earlier time bar under Section 16(4) to that extent. The petitioner was therefore entitled to Input Tax Credit for the relevant period, and the demand founded on the expired limitation could not be sustained in full. The Order-in-Original was set aside, while the petitioner accepted liability to pay the excess utilised amount and interest within 30 days.
AI TextQuick Glance (AI)Headnote
General insurance tax issues under MAT, TDS, depreciation and disallowance provisions ended largely in the assessee's favour.
General insurance business issues concerning profit on sale of investments, MAT under section 115JB, commission for re-insurance, TDS on payments to foreign surveyors, depreciation on UPS, disallowance under section 14A, and disallowance of re-insurance premium under section 40(a)(i) were considered. The Supreme Court declined to interfere with the High Court's judgment, noting that the substantial questions of law in the connected appeals had been answered largely in favour of the assessee. The special leave petitions were dismissed.
AI TextQuick Glance (AI)Headnote
Compounding fees under the MMDR Act are not subject to TCS, and the Supreme Court declined interference.
Compounding fees or fines collected from illegal miners and transporters under the MMDR Act are not chargeable to tax collected at source under section 206C(1C), because the specific wording and scheme of that provision cannot be overridden by the general definition in section 2(47) of the Income-tax Act. The High Court therefore set aside the ITAT's demand, interest and penalty based on treating such receipts as TCS-liable, and the Supreme Court declined to interfere, dismissing the special leave petition.
AI TextQuick Glance (AI)Headnote
Bona fide share transfer receipts cannot be taxed as unexplained cash credit when documentary evidence and funding trail are established.
A bona fide share-transfer transaction supported by the share purchase agreement, bank records, valuation material, audited financials and purchaser confirmations could not be re-characterised as unexplained cash credit under section 68 read with section 115BBE merely because the purchaser's internal funding structure was questioned. The assessee had explained the receipt and the source trail, so the share-sale consideration was treated as capital gains and the addition was deleted. As the capital gains computation survived, the deduction claim under section 54F was not finally adjudicated and was remanded for verification of the investment details and fresh decision in accordance with law.
AI TextQuick Glance (AI)Headnote
Section 263 revision barred when assessment follows enquiry and adopts a plausible view on cash sales and deposits.
Revision under section 263 is not justified where the Assessing Officer has conducted enquiry, examined cash sales, cash deposits, stock, purchases and supporting records, and then adopted a plausible view. The absence of elaborate discussion in the assessment order does not by itself show lack of enquiry. Section 263 cannot be used to substitute a different opinion merely because the Principal Commissioner considers the enquiry inadequate or prefers another view on the same material. On these facts, the revisionary order was quashed and the assessee succeeded.
AI TextQuick Glance (AI)Headnote
Bogus purchase claims with accepted sales justify taxing only the profit element, not the full purchase amount.
Where purchases are suspected to be bogus but corresponding sales are accepted, the entire purchase amount should not be treated as income. The proper approach is to doubt only the genuineness of the purchases and bring to tax the profit element embedded in them, rather than make a 100% disallowance of the purchase value. On the stated facts, estimation of 8% of the disputed purchases was considered an appropriate method for taxation.
AI TextQuick Glance (AI)Headnote
Deduction for approved donation survives later withdrawal of approval; unsupported bogus donation and commission addition fails.
Deduction under section 35(1)(ii) is not defeated merely because the donee institution's approval is withdrawn later, where the donation was made through banking channels while approval was in force and no specific adverse material links the assessee to any bogus arrangement. The statutory explanation protects a claim already made on a validly approved donation, so a general investigation report alone is insufficient to deny the deduction. An addition under section 69C based on alleged bogus donation and supposed commission payment also fails where it rests only on the same unproved assumption and there is no cogent evidence of actual commission payment.
AI TextQuick Glance (AI)Headnote
Taxability of contractual receipts under the accounting method upheld where prior year taxation was not proved
Statutory notices and repeated opportunities were found to have been issued, with the assessee filing replies; on that record, no procedural infirmity or denial of opportunity was established, so the challenge to the assessment failed. On taxability of contractual receipts reflected in Form 26AS, the Tribunal noted that income must be assessed according to the assessee's method of accounting, but the assessee did not prove that the receipts had already been offered to tax in earlier years or adjusted through work-in-progress. In the absence of convincing evidence of prior recognition, the receipts were taxed in the year of receipt and the addition was sustained.
AI TextQuick Glance (AI)Headnote
Penalty for non-compliance with scrutiny notices fails when details are later furnished and assessment is completed without additions.
Penalty for alleged non-compliance with section 142(1) notices was held unsustainable where the assessee sought adjournment, later furnished the required details, and the Assessing Officer accepted them while completing assessment under section 143(3) at the returned income without any addition or disallowance. As the assessment was not framed under the best judgment procedure in section 144, the record did not justify levy of penalty under section 272A(1)(d). The penalty was therefore quashed in favour of the assessee.
AI TextQuick Glance (AI)Headnote
Explained cash deposits and petty fixed asset sales cannot be taxed again when accounts and stock records are intact.
Cash deposits during the demonetisation period were accepted as explained where the assessee produced a cash book and quantitative stock details showing that the deposits arose from recorded cash sales, the books were not rejected, and no defect was found in the stock records; an estimated sales basis could not displace the maintained accounts or tax the same turnover again as unexplained income. Proceeds from sale of petty fixed assets were also accepted where the reduction was reflected in the fixed asset schedule, no depreciation had been claimed, and the absence of separate bills did not by itself justify an adverse inference. Both additions were deleted.
AI TextQuick Glance (AI)Headnote
Transfer Pricing Comparables Excluded After Uncomplied Remand, with arm's length price recomputed for correction
In transfer pricing proceedings, the Tribunal required five disputed comparables to be excluded where its earlier remand had not been complied with in substance. It noted that a remand direction in an appeal where only the assessing officer is the respondent must be addressed to the assessing officer, and that the draft-assessment objection process under the Dispute Resolution Panel framework must operate through the assessee's objections. Because the earlier direction to reconsider the comparables had not been properly carried out, the transfer pricing computation was treated as irregular and the arm's length price adjustment was ordered to be recomputed after removing those comparables.
AI TextQuick Glance (AI)Headnote
Section 68 requires a credited sum in the books; unexplained cash credit addition failed in a property transaction.
Section 68 applies only where a sum is found credited in the assessee's books for the relevant year, and an addition cannot stand without that foundational fact. In this property transaction, the sale deed and connected documents described cash instalments paid over time, and the Revenue did not establish any fresh credit entry in the books for the disputed amount. As the statutory precondition of a credited sum was not proved, the unexplained cash credit addition was unsustainable and the assessee succeeded.
AI TextQuick Glance (AI)Headnote
Burden of proof on foreign-origin goods failed, so vehicle confiscation, redemption fine and penalty were unsustainable.
Confiscation of a vehicle used to transport alleged foreign-origin goods cannot stand where the Revenue fails to prove that the goods were in fact of foreign origin. Because the goods were not notified under Section 123 of the Customs Act, the burden remained on the Revenue to establish smuggled or foreign-origin character, and that burden was not discharged on the evidence. In the absence of reliable proof, the confiscation, redemption fine and penalty lacked legal basis and were set aside.
AI TextQuick Glance (AI)Headnote
Refund claim is premature until exemption dispute reaches finality, even where duty was paid under protest.
A refund claim under the Customs Act is maintainable only after the dispute giving rise to the claim has attained finality in the assessee's own case. Where entitlement to exemption was still unsettled, a refund application filed before final determination was premature and not maintainable, even though the duty had been paid under protest. A later favourable decision on merits did not cure the defect in presentation. The application was therefore rightly rejected as premature.

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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