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Case Laws
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AI Text Quick Glance by AI Headnote
AI TextQuick Glance (AI)Headnote
COVID-19 limitation exclusion preserves the longer unexpired limitation balance, rendering a later-filed insolvency application timely under applicable statutory rules.
Limitation for a Section 9 insolvency application is computed by excluding the Supreme Court-directed COVID-19 period from 15 March 2020 to 28 February 2022. Where the unexpired three-year limitation balance on 15 March 2020 is 626 days, that longer balance, rather than merely the minimum 90 days, is available from 1 March 2022. For a default on 2 December 2018, the resulting limitation period expires on 17 November 2023; an application filed on 17 November 2022 is therefore within limitation.
AI TextQuick Glance (AI)Headnote
Going-concern liquidation sales commence with the liquidation order, preserving the earlier regulatory framework despite subsequent amendments.
Liquidation by sale of a corporate debtor as a going concern commences on the liquidation commencement date where the liquidation order adopts the creditors' recommendation and directs that mode of sale. Issuance of an auction notice or finalisation of an asset sale process document is not a statutory trigger for commencement. A subsequent regulatory omission of going-concern-sale provisions operates prospectively and does not displace rights and obligations crystallised under the earlier framework. Consultation, valuation, reserve pricing, marketing and auction preparation form a continuing sale process; the prescribed period for endeavouring the sale is directory and may be extended.
AI TextQuick Glance (AI)Headnote
Bankruptcy estate vesting brings account balances and jewellery sale proceeds under trustee control, excluding only qualifying personal ornaments.
Bankruptcy commencement vests property standing to the bankrupt's credit, including bank-account balances, in the Bankruptcy Trustee by operation of law, regardless of the bankrupt's knowledge. Statutory exclusions for personal ornaments are exhaustive: only qualifying unencumbered ornaments within the prescribed limit are protected, not sale proceeds deposited into a bank account; withdrawals of such proceeds therefore concern estate property and must be returned. Recall of an ex parte return order requires substantiated inability to respond and demonstrated prejudice; unsupported connectivity issues and adequate opportunity to answer do not justify recall.
AI TextQuick Glance (AI)Headnote
Period-specific service-tax valuation confines construction liability, preserving works-contract composition relief and rejecting extended limitation absent deliberate suppression.
Service-tax liability for construction depends on the charging and valuation provisions applicable to the relevant period. Construction for individual purchasers and landowners before 1 July 2010 falls outside the later prospective deeming provision, while educational construction is not a works contract primarily for commerce or industry without proof of such use. Post-amendment residential construction and separately contracted site formation remain taxable where statutory conditions apply. Surviving works-contract liability must exclude the value of goods and be recomputed activity-wise and period-wise; composition eligibility requires contract-wise verification of prior tax payment. Extended limitation and suppression-based penalties require wilful concealment, while rectification rejection does not prevent appellate valuation relief.
AI TextQuick Glance (AI)Headnote
Rule 8(3A) penalty consequences fail after liability and interest payment where the restrictive default-payment regime is ultra vires.
Education cess, secondary and higher education cess, and statutory interest paid in full are liable to appropriation, satisfying the underlying payment liability. Penalties based on the restrictive default-payment regime under Rule 8(3A) of the Central Excise Rules, 2002 do not survive where that regime is ultra vires and the substantive liability and applicable interest have been discharged. Cess and interest obligations consequently stand satisfied, with no remaining penal liability.
AI TextQuick Glance (AI)Headnote
Clandestine manufacture allegations require corroborated proof, limiting excise exposure to actual production and preserving record-keeping liability.
Clandestine manufacture and clearance require cogent, affirmative and corroborated evidence; documented trading purchases cannot be recharacterised as manufactured goods on untested transporter statements, logos, turnover disparities, or inference alone. Separation of trading and manufacturing turnover determines small-scale industry exemption eligibility, with actual manufacturing clearances and duty payment requiring verification where necessary. Prior departmental knowledge and periodic disclosures negate suppression intended to evade duty, preventing reliance on the extended limitation period. Penalties for deliberate evasion and personal involvement require established clandestine manufacture and conscious participation, while an independent failure to maintain prescribed records remains separately enforceable.
AI TextQuick Glance (AI)Headnote
Input tax credit mismatch disallowance requires full particulars and meaningful hearing before fresh adjudication can proceed.
Input tax credit disallowance for mismatches cannot be sustained where the show-cause notice omits the particulars needed for an effective response. Producing a mismatch chart only after adjudication, when it was unavailable to the adjudicating authority, denies the taxpayer a meaningful opportunity to address the proposed disallowance. Failure to provide sufficient personal-hearing opportunity during first appellate proceedings further breaches principles of natural justice. The input tax credit claim requires fresh adjudication after complete mismatch particulars are supplied and adequate opportunity is granted to explain the claim.
AI TextQuick Glance (AI)Headnote
Crude Palm Oil concession eligibility depends on goods' identity at import, with misdeclaration affecting duty, confiscation and penalties.
Concessional customs treatment restricted to Crude Palm Oil requires the importer to establish that the goods met that description when imported; contemporaneous loading, electronic and laboratory records may corroborate their identity. Customs classification must similarly reflect the goods' condition at importation rather than post-import mixing or dilution. A material cargo misdescription may support an extended-period duty demand, confiscation and a penalty linked to short-paid duty. Duty must be calculated under the tariff and notifications in force on the import date. A separate penalty for knowingly false documents requires distinct intentional false conduct beyond the declaration underpinning the duty demand.
AI TextQuick Glance (AI)Headnote
Reasoned GST registration cancellation is essential; an unexplained ex parte order was quashed with time to regularise compliance.
Ex parte cancellation of GST registration without recorded reasons warranted writ intervention under Article 226. The cancellation order was quashed and set aside, with fifteen days granted for filing pending returns and depositing outstanding dues. Absence of reasons in the cancellation order was the central legal defect requiring corrective relief.
AI TextQuick Glance (AI)Headnote
Effective service after GST registration cancellation requires physical notice, making portal-only ex parte adjudication unsustainable and requiring fresh proceedings.
Where GST registration was cancelled before issuance of a show-cause notice, portal-only service may not provide effective notice because the noticee may be unable or not required to access the Common Portal. Binding departmental instructions requiring physical service in those circumstances apply. Absence of physical service deprives the noticee of an effective opportunity to respond and renders an ex parte adjudication unsustainable. The matter requires fresh adjudication after permitting a reply, necessary requests for documents or cross-examination, and adequate prior notice of personal hearing.
AI TextQuick Glance (AI)Headnote
Monetary limits for departmental GST appeals bar admission where no prescribed exception is pleaded or established.
Departmental GST appeals before GSTAT must comply with the binding monetary-limit policy issued under the Uttar Pradesh GST Act. Where the dispute concerns only penalty, the disputed penalty is the relevant amount for applying the prescribed threshold. The Revenue must specifically plead and establish a listed exception to maintain an appeal below that threshold. Statutory authorisation to institute an application does not itself displace the monetary-limit requirement or prove an exception. In the absence of evidence of a specified exception or a recorded Commissioner opinion under the residual exception, the appeal is not maintainable for merits adjudication.
AI TextQuick Glance (AI)Headnote
Section 74 tax evasion allegations require proof; registration and return filings undermined an unsupported bogus-firm demand.
Tax and penalty demands under Section 74 based on an allegation that a registered firm is bogus or non-existent require proof of tax evasion. A valid GSTIN, identifiable business premises, and filing of GSTR-1 and GSTR-3B for the relevant period supported the firm's registered taxable status. The absence of goods at the premises during verification, without evidence that the firm was non-existent or had evaded tax, did not substantiate the allegation. The tax and penalty demand was therefore unsustainable.
AI TextQuick Glance (AI)Headnote
Monetary limits govern departmental GST appeals despite Commissioner authorisation unless a recognised exception is specifically established.
Under the Uttar Pradesh GST Act, the monetary-limit policy for departmental litigation binds the Department. For GSTAT appeals, the prescribed threshold applies unless a specified exception is established. Commissioner authorisation to file an application does not override that policy. Where the disputed amount falls below the threshold, a departmental appeal is not maintainable unless the Department specifically pleads and proves a recognised exception, including a recorded case-specific opinion under the residual exception.
AI TextQuick Glance (AI)Headnote
Assignment of leasehold rights in industrial land and buildings falls outside taxable supply and does not attract GST.
Assignment for consideration of leasehold rights in land and buildings allotted by an industrial development corporation is treated as a transfer of benefits arising from immovable property. Such assignment falls outside taxable supply under the GST framework governing transactions in immovable property and therefore does not attract GST. The applicable jurisdictional precedent remains binding because it has neither been stayed nor recalled, supporting non-levy on transfer to a third-party assignee.
AI TextQuick Glance (AI)Headnote
Natural justice in faceless assessments requires reasonable response time and consideration of timely submitted material despite appellate remedies.
Statutory appellate remedy does not necessarily preclude writ scrutiny where an asserted breach of natural justice affects the assessment process. Faceless assessment procedures must comply with audi alteram partem: the taxpayer must receive reasonable time to answer a proposed adverse addition, and timely submitted replies and supporting material must be considered. Providing less than three working days and proceeding on an assumption of non-compliance despite acknowledged email submissions vitiates the assessment. Reconsideration must follow a reasonable hearing and consideration of the materials already furnished.
AI TextQuick Glance (AI)Headnote
Natural justice in assessment proceedings requires consideration of timely adjournment requests, making finalisation without effective hearing unsustainable.
Final assessment is unsustainable where a timely uploaded adjournment request is not considered because of a system-related inwarding delay. Natural justice requires a meaningful opportunity for the assessee to respond before finalisation. Portal records showing that the request was filed within the compliance period, but was not placed before the Assessing Authority, negate the premise that no response was filed. Proceeding with assessment without considering that request or affording an effective hearing breaches procedural fairness.
AI TextQuick Glance (AI)Headnote
Split motorcycle imports face assessment as complete vehicles when objective evidence establishes a single composite transaction.
Customs assessment may treat temporally proximate consignments from a common supplier as one complete motorcycle where matching markings, inspection evidence and a foreign registration plate establish a deliberately split composite import. Declared spare-parts values may then be rejected and residual valuation used where they do not represent the goods actually imported and other valuation methods lack reliable data. Duty remains chargeable to the real importer rather than jointly and severally to distinct persons who did not jointly import. Objective evidence can sustain confiscation and false-declaration penalties independently of customs statements where statutory safeguards for their substantive use are unmet. Proper-officer jurisdiction and common adjudication of linked port clearances are also addressed.
2026 (10) TMI 575 - SC Order Money Laundering
Quick Glance (AI)Headnote
Money-laundering bail restrictions leave regular bail refusal undisturbed when special leave review declines intervention.
Regular bail in a money-laundering matter remained refused after the Supreme Court declined to interfere with the High Court's rejection of bail and dismissed the special leave petition. The issues identified included the independence of the money-laundering offence from the scheduled offence, the twin bail conditions under Section 45, the sick-or-infirm proviso, proceeds of crime, modus operandi, and reason to believe.
AI TextQuick Glance (AI)Headnote
Natural justice in GST appeals requires a hearing before limitation, authorisation, or pre-deposit objections can defeat appellate review.
Section 107(8) of the CGST Act requires an opportunity of hearing before a GST appeal is rejected on limitation, authorisation or pre-deposit objections; refusal of an adjournment does not displace natural justice. A short, sufficiently explained delay within the statutory extension may be condoned without a separate affidavit, and omitted proof of an authorised signatory's authority is a curable defect capable of ratification. Pre-deposit applies to disputed tax, not an interest-only demand, and alternative computations do not constitute admitted liability. Differential tax following a rate change attracts compensatory interest from the invoice-based time of supply; separately stated GST excludes cum-tax valuation. GSTR-3B interest specifically included in a notice remains subject to credit for interest already paid.
AI TextQuick Glance (AI)Headnote
Assignment of industrial leasehold rights is treated as transfer of immovable-property benefits, placing lump-sum consideration outside GST.
Assignment of leasehold rights in land allotted by an industrial development corporation for lump-sum consideration is characterised as a transfer of benefits arising from immovable property, not a taxable supply of services under GST. Consequently, GST is not leviable on such assignment. The entry for other miscellaneous services does not cover the transfer of these leasehold rights. This treatment follows binding jurisdictional precedent, which continues to apply unless stayed or recalled; an intention to seek review does not displace its binding effect.

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2024 (5) TMI 502 - HC - Income Tax

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CBDT must allow revised income tax returns based on NCLT-approved recasted accounts under Section 119
The Bombay HC allowed a petition challenging CBDT's rejection of a condonation application under Section 119. The petitioner sought to file revised income ... Summary

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Acts Income Tax