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Case Laws
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AI Text Quick Glance by AI Headnote
AI TextQuick Glance (AI)Headnote
Input tax credit proof and unpaid supplier invoices trigger interest, reversals, and aggregated GST penalties.
Input tax credit eligibility requires prescribed statutory conditions to be proved by the claimant through invoices, supplier-payment evidence, transport or goods-receipt records, and supplier ledgers; absent proof, credit may be denied with consequential interest. Where a supplier remains unpaid beyond 180 days, the recipient must add the corresponding credit to output tax liability with interest, while retaining the right to re-avail it after payment. Non-operation of FORM GSTR-2 does not remove this liability because reversal through FORM GSTR-3B and voluntary payment mechanisms remain available. Private payment arrangements cannot extend the statutory period. Integrated-tax penalties aggregate corresponding central and state GST penalties, subject to the statutory minimum.
AI TextQuick Glance (AI)Headnote
GST refund limitation: excess-tax claims must be filed within two years of payment, with no statutory power to condone delay.
GST refund claims for excess tax paid must be filed within two years from the relevant date under Section 54 of the Central Goods and Services Tax Act, 2017. Where a claim does not fall within a specified category, the relevant date is the date of tax payment, not the later discovery of an incorrect tax rate. Statutory authorities have no express power to condone delay or entertain a belated refund claim. The disbursal provisions, including the requirement that tax incidence was not passed on, apply only after refund eligibility is established and do not override limitation. Claims alleging tax collection without authority of law may require recourse to writ jurisdiction.
AI TextQuick Glance (AI)Headnote
Delayed GST return filing alone cannot trigger fraud-based recovery where disclosed tax and interest were paid.
Section 74 applies only where unpaid or short-paid tax results from fraud, wilful misstatement, or suppression intended to evade tax. Delayed GST return filing alone does not meet those conditions where filed returns correctly disclose turnover, rate and liability, and tax and interest are paid before Section 74 proceedings begin. If Section 74 proceedings are unsustainable, any ordinary-demand determination under Section 73 must be made by the proper officer under Section 75(2) within statutory limits; an appellate authority cannot directly modify the penalty under Section 73. Fraud-based proceedings therefore fail, while any Section 73 liability requires lawful determination by the proper officer.
AI TextQuick Glance (AI)Headnote
Input tax credit reconciliation prevents denial where prior-year invoices were claimed within the statutory deadline.
Sections 107(11) and 107(12) require appellate orders to identify points for determination, decide them and give reasons; non-appearance does not excuse failure to address a pleaded input tax credit reconciliation. CBIC Circular No. 183/15/2022-GST is limited to specified supplier-reporting mismatches for FY 2017-18 and FY 2018-19 and does not govern a later-year GSTR-3B/GSTR-2A comparison where earlier-year reflected credit was claimed within time. Omitted credit may be claimed within the applicable deadline if invoice-wise reconciliation and returns substantiate it. The later invoice-reflection condition does not apply retrospectively. A mismatch alone cannot support credit denial without reconciliation verification.
AI TextQuick Glance (AI)Headnote
Reasonable belief of smuggling is essential before Customs Act presumptions can support gold confiscation and personal penalties.
Section 123 of the Customs Act shifts the burden of proving lawful acquisition only after seizure on a reasonable belief of smuggling founded on relevant material. Domestic courier transport and absent documents may justify investigation but, without proof of illegal importation or a valid presumption, do not establish that gold is smuggled. Confiscation based on concealment, unauthorised removal, or prohibited import requires the respective statutory conditions to be independently met. Penalty for dealing in smuggled goods requires an identified act or omission making goods confiscable and knowledge or reason to believe; jewellery trading and undocumented transport alone are insufficient. Confiscation and personal penalty were set aside, with consequential relief to follow.
AI TextQuick Glance (AI)Headnote
Passenger baggage jurisdiction bars appellate review of confiscated gold carried on an international traveller's person.
The first proviso to Section 129A(1) of the Customs Act excludes appellate jurisdiction over orders concerning goods imported or exported as passenger baggage. Gold brought into India by an international passenger remains baggage even if recovered from the passenger's trouser pocket rather than luggage. Non-declaration or concealment allegations concern the merits of confiscation and penalty and do not alter the statutory jurisdictional exclusion. Maintainability depends on the nature of the goods and transaction, not the relief sought. The applicable remedy for a baggage-related confiscation order lies in revision under Section 129DD before the competent Revisional Authority.
AI TextQuick Glance (AI)Headnote
Export of services treatment applies where foreign principals receive and pay for marketing and order-procurement services from India.
Commission-based marketing and order-procurement services supplied to foreign principals qualify as exports where the foreign principal engages the Indian provider, pays the commission in convertible foreign exchange, and uses the services for its own business. Under the place-of-provision rules, the recipient is the person whose instructions are acted on, business need is met, and consideration is borne; Indian customers affected by the performance are not recipients merely because they place orders. The service destination is determined by consumption, not performance location. Extended limitation cannot apply where service-tax returns disclosed the export activity and no positive evidence establishes wilful suppression or intent to evade tax.
AI TextQuick Glance (AI)Headnote
Exemption for manufacturing waste and scrap preserves refund entitlement and defeats extended limitation, interest, and penalty.
Waste and scrap arising from manufacture of goods under headings 8601 to 8606 cleared at a concessional duty rate falls within the exemption for such scrap, because the relevant entry does not limit relief to wholly exempt or nil-rated finished goods. An incorrect claim under a different notification does not displace an independently available exemption. The extended limitation period requires particularised fraud, wilful suppression, or intent to evade duty; departmental knowledge of the material facts and a bona fide notification-interpretation dispute defeat its invocation. Consequently, the duty paid is refundable, and no duty demand, consequential interest, or penalty survives.
AI TextQuick Glance (AI)Headnote
Electronic credit ledger restrictions lapse at the statutory time limit, preventing continued blocking of input tax credit.
Restrictions imposed on an electronic credit ledger under Rule 86A(3) of the Goods and Services Tax Rules, 2017 cease automatically upon expiry of one year from their imposition. Once that statutory period has expired, the restriction cannot continue, and the electronic credit ledger must no longer remain blocked on that basis.
AI TextQuick Glance (AI)Headnote
Regular Bail in GST Input Tax Credit Fraud: Custody Cannot Continue Where Risks Are Manageable by Conditions.
Regular bail in prosecutions alleging fraudulent GST input tax credit availment requires assessment of the accusation's gravity, punishment, risks of evidence tampering and abscondence, and public interest. Expiry of the statutory custody period, absence of any further recovery or discovery requirement, and the offence being triable by a magistrate weigh against prolonged custody. Ongoing investigation alone does not justify indefinite detention where triple-test concerns can be controlled through conditions. Continued incarceration before a potentially delayed trial would constitute pre-trial punishment and unjustifiably restrict personal liberty; regular bail is appropriate absent extraordinary circumstances.
AI TextQuick Glance (AI)Headnote
Prospective operation of GST penalty provisions prevents Section 122(1A) from applying to conduct predating its enactment.
Section 122(1A) of the Central Goods and Services Tax Act, 2017 operates prospectively because it contains neither an express provision nor a necessary implication conferring retrospective effect. The governing principle is that statutory provisions apply prospectively unless their language clearly establishes retrospectivity. Consequently, penalties under Section 122(1A) cannot be imposed for conduct occurring before the provision came into force.
AI TextQuick Glance (AI)Headnote
Statutory appellate remedy limits writ review where disputed hearing-notice service and demand merits require evidentiary examination.
Statutory appellate remedy under the CGST Act ordinarily warrants restraint in writ jurisdiction, but does not bar relief where a recognised exception, including breach of natural justice, is established. Disputed allegations that personal-hearing notices were not served-concerning the registered email address, departmental communications and transmission of virtual-hearing details-require examination of the record. Challenges to consideration of the taxpayer's explanations and the merits of the demand may therefore be addressed by the appellate authority, with all service, hearing and demand-related contentions remaining open in accordance with law.
AI TextQuick Glance (AI)Headnote
Portal Downtime E-Invoice Failure Cannot Trigger Evasion Penalty When Transport Documents Show Transparent Goods Movement
Portal downtime preventing contemporaneous e-invoice generation does not, by itself, justify a penalty under Section 129 where an e-way bill, commercial invoice and delivery note establish transparent movement of goods and no intent to evade tax exists. E-invoicing requirements must be applied consistently with Rule 55(4) and the principle that law does not compel impossibility; mens rea is necessary for the penalty. Payment through DRC-03 to secure release of detained goods under economic duress does not create estoppel against statutory appellate remedies, permitting refund with statutory interest where the penal demand fails.
AI TextQuick Glance (AI)Headnote
Transit documentation mismatches trigger transporter liability and permit market-based valuation where contemporaneous invoices and e-way bills are absent.
Goods in transit must carry contemporaneous documents and e-way bill details that match the physical consignment. Documents relating to different commodities, unsupported explanations of document exchange, and invoices produced only after detention do not establish compliance retrospectively. Where no valid documents identify a bona fide owner at interception, subsequent ownership claims do not displace the transporter's liability as a person other than the owner. For undocumented goods lacking matching invoices and traceable buyers, valuation based on product quality, specifications, and prevailing wholesale-market averages may provide a rational basis. Seizure-related penalty consequences remain sustainable on these grounds.
AI TextQuick Glance (AI)Headnote
Verification of tax declaration forms must precede recomputation of interest expenditure disallowance under appellate directions and withholding requirements.
Further opportunity to furnish Forms 15G/15H is required where an appellate direction mandates their verification before recomputing interest-expenditure disallowance. Disallowance under the tax-deduction provisions must be recomputed only after the Assessing Authority examines all relevant forms, including outstanding forms the assessee undertakes to supply. The forms' genuineness may be verified before a fresh consequential order is issued in accordance with the appellate direction.
AI TextQuick Glance (AI)Headnote
Burden of proof for unmarked domestic gold prevents confiscation when foreign origin and corroboration remain unestablished.
Proof of service of an Order-in-Original is necessary to compute limitation; where no earlier service is established and a copy is supplied through the RTI process, an appeal filed thereafter is timely. For unmarked gold carried on a domestic journey, Section 123 of the Customs Act shifts the burden only after reasonable belief that the goods are smuggled. Foreign origin must be established, and an uncorroborated statement retracted within days cannot alone support confiscation or penalty. A domestic passenger is not subject to the baggage-declaration requirement applicable to international passengers, leaving the statutory conditions for confiscation and penal liability unfulfilled.
AI TextQuick Glance (AI)Headnote
Curable pre-deposit defects require notice and hearing, while refund-linked customs demands fail once underlying refund orders attain finality.
Timely customs appeals filed without the mandatory first-appellate pre-deposit contain a curable procedural defect. Section 129E bars entertainment, rather than presentation, of an appeal without deposit; notice of the deficiency and an opportunity of hearing are required before dismissal. Final appellate determination may be appropriate without remand where demands have no independent basis beyond refund-review orders already set aside or recalled. Recovery notices for erroneous refunds may be issued under Section 28 while refund review proceedings are pending, including to protect limitation, but their enforceability remains consequential on the refund outcome. Demands founded solely on overturned refund-review orders cannot survive once refund entitlement has attained finality.
AI TextQuick Glance (AI)Headnote
Shipping-Bill Route Selection Bars Post-Export Conversion of Failed Documentary Rebate Claims to Schedule-Rate Rebate Without Amendment
Export-rebate rules require exporters to choose, shipping-bill-wise at the time of export, between the Schedule-rate route and the document-based route. The document-based route is available only where the documented rebate exceeds the Schedule rebate by the prescribed 20% differential; claims below that threshold are ineligible. Failure of a document-based claim does not permit post-export substitution of Schedule-rate rebate where the electronic shipping bill lacked the required declaration and remains unamended. Refund proceedings cannot reopen self-assessment. Beneficial construction cannot override unambiguous substantive eligibility conditions. Omission of shipping-bill-wise calculations does not breach natural justice without demonstrable prejudice.
AI TextQuick Glance (AI)Headnote
Disproportionate assets shift the evidential burden to public servants to explain unexplained wealth through reliable supporting records.
Section 13(1)(e) of the Prevention of Corruption Act, 1988 requires the prosecution initially to establish a public servant's known lawful income, assets and expenditure during the relevant period. Once assets are shown to be disproportionate to known income, the public servant must satisfactorily explain the excess because the source and acquisition of undisclosed assets are especially within that person's knowledge. Challenges to asset valuation or expenditure calculations require cogent documentary support. Unsupported claims of rental income, salary, loans or deductions do not adequately account for unexplained assets.
AI TextQuick Glance (AI)Headnote
Condonation of delay in a GST appeal enabled restoration for merits adjudication, subject to payment of costs.
Delay in filing a statutory GST appeal was condoned because the sole proprietor's cancer illness was supported by medical certificates. The medical evidence provided a sufficient basis for condonation, and adjudication on merits was preferred over barring the appeal on limitation. The appeal was restored for a merits decision, subject to deposit of costs.

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2025 (7) TMI 488 - AT - IBC

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Section 66 IBC fraudulent trading findings upheld against LED bulb company for Rs.3.18 crore loss through fictitious transactions
NCLAT Principal Bench dismissed appeal challenging fraudulent trading findings under Section 66 IBC. Corporate debtor's LED bulb transactions during FY ... Summary

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Acts Income Tax