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Case Laws
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AI Text Quick Glance by AI Headnote
AI TextQuick Glance (AI)Headnote
Post-cognizance complaint return is barred, while property location alone does not defeat jurisdiction for continuing money-laundering allegations.
Return of a criminal complaint under Section 201 CrPC is unavailable after cognizance has been taken and process issued under Section 204. Sections 200 to 204 constitute the statutory framework for cognizance and issuance of process, and the court cannot recall, review, or return the complaint at that stage. Money laundering is treated as a distinct, continuing offence involving dealings with proceeds of crime. The location of particular properties in another State does not, by itself, displace territorial jurisdiction where the alleged activities include concealment, possession, acquisition, use, or projection of proceeds as untainted property.
AI TextQuick Glance (AI)Headnote
Statutory appellate remedy before CESTAT remains available, with conditional protection from coercive action during appeal pursuit.
Statutory appellate remedy before CESTAT remained available after withdrawal of the writ petition. The petitioner received liberty to pursue that appeal with an application for condonation of delay. Limited protection from coercive action applied subject to the stated conditions.
AI TextQuick Glance (AI)Headnote
Independent assessment and effective hearing govern charitable registration, with donor-tax approval following registration eligibility determination.
Registration under Section 12AB requires the Commissioner to disclose the substance of any Assessing Officer's report, allow the applicant to rebut it, and independently assess the application. Reliance substantially on an undisclosed report, without an effective hearing, is procedurally defective; the trust's stated objects of teaching the Vedas and Upanishads and promoting Sanatan Dharma do not alone justify rejection. Approval under Section 80G(5) depends on establishing eligibility for Section 12AB registration and must be reconsidered after that determination. Both applications therefore require fresh consideration under the prescribed procedure.
AI TextQuick Glance (AI)Headnote
Pecuniary jurisdiction defects in a foundational scrutiny notice render the ensuing income-tax assessment void from inception.
An assessment under Section 143(3) cannot be sustained where its foundational scrutiny notice under Section 143(2) was issued by an Income-tax Officer lacking pecuniary jurisdiction. Where returned income exceeded the monetary limit allocated to that officer under the applicable CBDT Instruction, the notice suffered from an inherent jurisdictional defect and could not validly support the ensuing assessment. An objection to pecuniary jurisdiction is distinct from a challenge limited to territorial jurisdiction and is not barred by the applicable limitation. The assessment was therefore void ab initio, with the remaining grounds becoming academic.
AI TextQuick Glance (AI)Headnote
GST exemption denied for MeeSeva service charges collected beyond statutory government fees and outside notification entries.
Charges collected by MeeSeva for services to non-business entities, business entities and Government entities were held not to fall within the exemptions in Notification No. 12/2017-Central Tax (Rate). The AAR found that the services were delivered through electronic service delivery centres under the Telangana rules, but the applicant collected amounts over and above the statutory charges payable to the concerned departments. The relevant exemption entries apply only to services actually provided by the Central Government, State Government, Union territory or local authority, and the facts did not show that the applicant's receipts were confined to such government charges. Exemption for low-value services or services to smaller business entities was also not available; the receipts were liable to GST.
AI TextQuick Glance (AI)Headnote
Transfer pricing double adjustment and nil ALP cannot be made without comparables; TNMM-based allocations were accepted.
Safe Harbour rules could not be used to rework distribution segment profitability where the assessee had not elected those provisions, and the assessee's segmental allocation based on actuals and reasonable keys was accepted. Transfer pricing adjustments for intra-group services and lump sum licence fee/royalty could not be sustained at nil ALP under the Other Method without comparable uncontrolled transactions, and the related adjustments were deleted. Trademark fee already absorbed in the TNMM cost base could not be separately benchmarked again, as that would create an impermissible double adjustment; the TNMM treatment was therefore respected subject to verification.
AI TextQuick Glance (AI)Headnote
Composite contract treated as works contract; abatement allowed and service tax demand set aside on contractual evidence.
A composite contract involving supply of materials, civil construction, and installation and commissioning was treated as Works Contract Service because the record showed distinct material and construction components, supported by VAT payment evidence. On that basis, the contract was not a pure service arrangement. The claimant was also found entitled to abatement, since the contractual breakup and corroborative documentation showed that abatement was claimed for the civil construction element while CENVAT credit related to the installation component. The service tax demand, together with interest and penalties, was therefore held unsustainable and the impugned order was set aside with consequential relief.
AI TextQuick Glance (AI)Headnote
DRP directions under section 144C are binding; final assessment orders must conform to them or risk being quashed.
Section 144C requires the Assessing Officer to pass the final assessment order in conformity with the Dispute Resolution Panel's binding directions under section 144C(10), and within the time prescribed by section 144C(13). The text states that where the final order merely repeats the draft assessment order despite DRP relief and directions affecting transfer pricing computation, it does not comply with the statutory DRP procedure governing faceless assessment. On that basis, the final assessment order was treated as illegal and bad in law and quashed in favour of the assessee.
AI TextQuick Glance (AI)Headnote
Transfer pricing comparables must be functionally matched, with working capital adjustment and margin corrections applied where needed.
Transfer pricing benchmarking under TNMM required exclusion of functionally dissimilar comparables, including product-based, diversified, education-oriented and other non-matching entities, while suitable comparables could be added where functional parity existed. Working capital differences were treated as material to comparability and the adjustment was upheld to level the playing field. The analysis also required reworking segment margins, granting TDS credit after verification, and recomputing interest in accordance with law. Penalty initiation was treated as premature and consequential. The overall effect was substantial relief through recomputation and revised comparable selection across the subscription, services, software development and IT enabled services segments.
AI TextQuick Glance (AI)Headnote
Manufacture and exemption principles: bullion conversion, tariff classification and limitation reduced duty exposure on gold products.
Melting bullion into bars, coins, medals and medallions was held to amount to manufacture because the process produced goods with a distinct commercial identity and use; the activity was therefore not mere trading. Gold bars of 10/20/50 grams were treated as primary gold and exempt under Notification No. 12/2012-CE, while gold and silver coins fell under heading 7114 but remained exempt under the same notification. Medals, medallions and gift items were classified under heading 7114 and attracted duty for the normal period. As the record did not show wilful suppression, fraud or intent to evade duty, the extended limitation period and penalties were not sustainable.
AI TextQuick Glance (AI)Headnote
GST notice service and limitation upheld where portal availability and suppression justified best judgment assessment and extended time.
Portal availability of a show cause notice was treated as valid service where the taxpayer's own admission showed the notice could be accessed through the official GST portal and no response was filed, leading to best judgment assessment. The challenge on non-service therefore failed. On limitation, the Court held that underreported tax with knowledge of the applicable rate amounted to suppression, bringing the case within the extended period under Section 74(1) of the CGST Act, and it also relied on the extension of time for annual returns by Notification No. 6/2020 dated 03.02.2020. The writ challenge to the order-in-original was thus not entertained.
AI TextQuick Glance (AI)Headnote
Works-contract valuation under GST: MHADA flats supplied for additional FSI are taxable and valued at open market value.
A builder's supply of MHADA-reserved flats to identified allottees after the occupancy certificate remained a taxable works-contract supply under GST because the construction and transfer obligation arose at the plan-sanction and commencement-certificate stage, and additional FSI formed non-monetary consideration. The transaction was not outside GST as a sale of immovable property, as the completion-based exclusion did not apply where consideration was not received only after completion. For valuation, section 15(1) did not apply because price was not the sole consideration; the supply had to be valued under Rule 27 on open market value, using comparable flats in the same project, and not at the MHADA-prescribed regulated price.
AI TextQuick Glance (AI)Headnote
Works contract classification and municipal exemption applied to sewerage scheme supply under GST conditions.
A sewerage scheme contract covering design, construction, installation, testing, commissioning and allied civil and electro-mechanical works was treated as a composite supply in the nature of a works contract, not a pure service, because goods were transferred in execution. Katol Nagar Parishad was regarded as a local authority, and the sewerage infrastructure was held to relate to municipal functions under Article 243W. On the facts recorded, Entry 3A of Notification No. 12/2017-Central Tax (Rate) applied because the supply was made to a local authority for a municipal function and the goods component was within the prescribed limit, subject to satisfaction of the statutory threshold at the relevant time.
AI TextQuick Glance (AI)Headnote
Warehoused goods supplied before home-consumption clearance are outside GST supply and do not qualify as export.
Warehoused goods supplied from a bonded warehouse to ocean-going merchant vessels, Indian Navy ships and Coast Guard ships before clearance for home consumption are not export of goods under the IGST Act because export requires taking goods out of India to a place outside India. Customs exemptions for ship stores or warehoused goods do not alter the GST definition of export. The supplies therefore fall within paragraph 8(a) of Schedule III read with section 7(2)(a) of the CGST Act and are treated as neither a supply of goods nor a supply of services for GST purposes, with no zero-rated supply treatment under the IGST Act.
AI TextQuick Glance (AI)Headnote
Commercial construction for sale and lease qualifies as business supply, with limited GST credit only for pre-completion sales.
Commercial development of units for sale and leasing was treated as activity in the course or furtherance of business, so the transactions constituted supply under GST. The ruling read "business" broadly to cover commercial construction, and held that the source of construction funds was irrelevant. Input tax credit on construction inputs and input services was blocked for immovable property built on one's own account, including leased commercial units, because building and civil structures are excluded from plant and machinery. Credit was allowed proportionately only for commercial units sold before completion or occupation certification.
AI TextQuick Glance (AI)Headnote
Statutory appeal and limitation relief shape GST demand and recovery challenges, with remand and quashing of recovery orders.
Availability of a statutory appeal under the CGST framework was treated as an efficacious alternate remedy against the rectified GST demand, so the writ petition was permitted to be withdrawn with liberty to appeal and all contentions kept open. An appellate dismissal as time-barred was set aside because the authority had not examined the plea for exclusion of time under Section 14 of the Limitation Act, and the matter was remanded for reconsideration on limitation alone with merits left open. A recovery order based on disputed dues was quashed because the petitioner sought to pursue the appellate remedy and make the prescribed pre-deposit.
AI TextQuick Glance (AI)Headnote
Vacancy allowance under section 23(1)(c) can justify nil annual value, but factual proof of prior letting must be verified.
Section 23(1)(c) permits nil annual letting value where a property let out in an earlier year remains vacant in the relevant year and no actual rent is received or receivable because of that vacancy. The Tribunal accepted that vacancy allowance can apply if the factual foundation is proved, but noted that the record did not clearly establish whether rental income from the property had been offered in the immediately preceding year. The matter was therefore remitted to the Assessing Officer for verification of the relevant facts and a fresh order.
AI TextQuick Glance (AI)Headnote
Chapter VI-A deduction claim fails when not claimed in the return and the return is filed after the due date.
A deduction under Chapter VI-A, including section 80P, was held unavailable where it was not claimed in the return of income and the return was filed after the statutory due date under section 139(1); the disallowance was therefore sustained. A separate challenge alleging an addition under section 143(1) also failed because the processed return reflected the same income as returned and no adjustment or disallowance had been made.
AI TextQuick Glance (AI)Headnote
Section 50C does not apply to stock-in-trade; real estate inventory claim and connected penalties sent back for fresh consideration.
Section 50C applies only to transfers of capital assets for capital gains computation and does not govern sites held as stock in trade or business inventory. The Tribunal therefore required factual verification of the assessee's claim that the sites were part of a real estate business, with the Assessing Officer directed to examine books of account, land records and supporting material afresh. Because the quantum issue was restored for de novo consideration, the connected penalty proceedings under sections 271D and 271(1)(c) were also remitted for fresh decision after reasonable opportunity to the assessee.
AI TextQuick Glance (AI)Headnote
Irrevocability clause in trust deed not mandatory for 12AB registration and 80G approval, tribunal holds.
Absence of an express irrevocability clause in a public charitable trust deed is not, by itself, a valid ground to refuse registration or renewal under section 12AB or approval under section 80G, because such a trust is deemed irrevocable by operation of law unless the instrument reserves a power of revocation. The Tribunal also held that the answer given in Form 10AB could not be treated as false or incorrect merely because the utility required that declaration, so it did not amount to a specified violation. On that basis, the rejection of registration and approval was held unsustainable and was set aside.

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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