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2026 (11) TMI 635 - GSTAT CUTTACK GST

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Issues: (i) Whether input tax credit was admissible on the disputed purchases; (ii) whether the stock register and affidavit could be admitted as additional evidence; (iii) whether the fraud-based recovery provision and penalty were applicable; (iv) whether the adjudication violated principles of natural justice.

Issue (i): Whether input tax credit was admissible on the disputed purchases.

Analysis: Section 16 of the Odisha Goods and Services Tax Act, 2017 requires receipt of goods for entitlement to input tax credit. The investigation disclosed that no business operated at the supplier's registered premises and that registration was obtained using a forged rental agreement. Invoices, e-way bills and weighment slips did not establish receipt; payment by bearer cheques did not establish credit to the supplier's account. Portal entries and registration status did not resolve the question of actual supply.

Conclusion: Input tax credit was inadmissible, against the assessee.

Issue (ii): Whether the stock register and affidavit could be admitted as additional evidence.

Analysis: The stock register and affidavit were produced without a formal application explaining reasonable cause for their earlier non-production.

Conclusion: The additional evidence was not admitted, against the assessee.

Issue (iii): Whether the fraud-based recovery provision and penalty were applicable.

Analysis: Section 74 permits recovery of credit wrongly availed by reason of fraud. The Tribunal treated the fraudulent registration and absence of business as establishing the recipient's complicity. Section 122 addresses the issue of invoices without supply and availment of credit without receipt of goods.

Conclusion: Invocation of Section 74 and the penalty were sustained, against the assessee.

Issue (iv): Whether the adjudication violated principles of natural justice.

Analysis: The assessee had opportunities to respond to the allegation and to present its case during adjudication.

Conclusion: There was no violation of natural justice, against the assessee.

Final Conclusion: The denial of credit and the associated interest and penalty remain effective.

Ratio Decidendi: Input tax credit requires actual receipt of goods; invoices and related documentation do not establish that requirement where the evidence shows that the purported supplier did not conduct the business and the transaction lacked an underlying supply.

Input tax credit depends on actual receipt of goods, not invoices alone, with fraud-based recovery and penalties potentially applicable.
Input tax credit under section 16 of the Odisha Goods and Services Tax Act, 2017 requires actual receipt of goods. Invoices, e-way bills, weighment slips, supplier registration and portal entries do not establish receipt where evidence shows no underlying supply. Additional evidence submitted without a formal application explaining reasonable cause for earlier non-production may not be admitted. Section 74 provides for recovery of credit wrongly availed by reason of fraud, while section 122 addresses invoices issued without supply and credit claimed without receipt of goods. Natural justice in adjudication requires an opportunity to respond to allegations and present a case.

Input tax credit - purchases from a non-existent supplier - Additional evidence of receipt of goods in appeal - Recovery of fraudulently availed input tax credit u/s 74 - Opportunity of hearing in input tax credit adjudication Input tax credit - purchases from a non-existent supplier - Admissibility of input tax credit on invoices issued by a non-existent supplier when actual receipt of goods was not established - HELD THAT: - Under the Odisha Goods and Services Tax Act, 2017, input tax credit presupposes an underlying supply, and section 16(2)(b) requires actual receipt of goods. The supplier had never conducted business at its registered premises, and registration obtained through a forged rent agreement was void ab initio. Its invoices therefore represented paper transactions without supply. Invoices, e-way bills and weighment slips did not establish receipt of goods. Payment by bearer cheque evidenced a debit to the recipient's account, but not credit to the supplier's account. Apparent validity of registration, return filing and reflection in GSTR-2B could not validate those transactions. Decisions concerning retrospective cancellation of registration or tax default by a genuine supplier were distinguishable. [Paras 13, 14, 15, 16, 18] The claimed input tax credit was inadmissible for failure to establish actual receipt of goods under section 16(2)(b). Additional evidence of receipt of goods in appeal - Admission of the stock register and affidavit tendered to establish receipt of goods without an application explaining their earlier non-production - HELD THAT: - Admission of the stock register and affidavit as additional evidence required a formal application explaining the reasonable cause which prevented their production before the adjudicating and first appellate authorities. Although those documents were furnished before the Tribunal, no such application explaining their earlier non-production had been made. [Paras 11] The stock register and affidavit were not admitted as additional evidence. Recovery of fraudulently availed input tax credit under section 74 - Invocation of section 74 against the recipient for fraudulent availment of input tax credit without receipt of goods - HELD THAT: - Fraud is a statutory ground for invoking section 74. Once the supplier's total non-existence and procurement of registration through fraudulent means were established, the recipient's complicity in availing credit against its invoices followed as a natural corollary. Taking or utilising input tax credit without receipt of goods also attracted the penalty prescribed by section 122(1)(vi). [Paras 19] Invocation of section 74 and recovery of the inadmissible credit with interest and penalty were sustained. Opportunity of hearing in input tax credit adjudication - Alleged denial of an opportunity to contest the demand arising from input tax credit on fictitious purchases - HELD THAT: - The record established that adequate opportunity had been afforded to defend against and counter the allegation, both before and during adjudication under section 74. The grievance of denial of opportunity was therefore unsupported. [Paras 20] The plea of breach of natural justice was rejected. Final Conclusion: The appeal was dismissed, the impugned appellate order upheld and the demand of tax, interest and penalty confirmed.

2026 (11) TMI 634 - GSTAT CHANDIGARH GST

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Export invoice timing determines zero-rated turnover for accumulated input tax credit refunds where actual export occurs later and is established.
For goods supplied for export under bond or a letter of undertaking, zero-rated turnover is attributable to the invoice period even if the goods are exported later, provided actual export is established. The invoice may therefore be included in zero-rated turnover for that period when calculating a refund of accumulated input tax credit. Rule 89 requires net input tax credit, zero-rated turnover and adjusted total turnover to relate to the same relevant period.

2026 (11) TMI 633 - GSTAT CHANDIGARH GST

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Export invoices count toward zero-rated turnover despite later export, provided actual export is established before the refund is granted.
Goods invoiced for export under a bond or letter of undertaking during a refund period are included in that period's zero-rated turnover even if exported later, provided actual export is established before the refund is granted. Rule 89 calculates refunds of unutilised input tax credit using net input tax credit, zero-rated turnover and adjusted total turnover for the same relevant period. For goods involving movement, a tax invoice is issued before or at removal.

2026 (11) TMI 632 - GSTAT PRAYAGRAJ GST

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Issues: (i) Whether the seized notebooks established undeclared outward supplies; (ii) whether suppression with intent to evade tax justified the tax demand and penalty; (iii) whether the liability determined after remand could exceed that determined before the assessee's challenge; (iv) whether service and hearing requirements were satisfied; (v) whether an erroneous reference to the provision governing unregistered persons invalidated the order.

Issue (i): Whether the seized notebooks established undeclared outward supplies.

Analysis: The bound notebooks were recovered from the assessee's business premises alongside records it accepted, contained dated trade entries and were consistent with the proprietor's unretracted admission. Rule 56 provides a rebuttable presumption concerning records maintained by a registered person. The applicable standard was preponderance of probabilities, with facts within special knowledge requiring explanation. Section 155 concerns input tax credit. The absence of an unaccounted purchase or a stock discrepancy was not decisive of whether sales were under-reported.

Conclusion: The notebooks established undeclared outward supplies. The issue was decided against the assessee.

Issue (ii): Whether suppression with intent to evade tax justified the tax demand and penalty.

Analysis: Section 74 requires fraud, wilful misstatement or suppression with intent to evade tax. The relevant circumstances included undeclared sales, parallel sales records, destruction of counterparts, absence of a stock register and sales without invoices during the survey.

Conclusion: Suppression with intent to evade tax justified liability under section 74 and an equal penalty. The issue was decided against the assessee.

Issue (iii): Whether the liability determined after remand could exceed that determined before the assessee's challenge.

Analysis: The fresh determination reduced the original demand and remained within the notice, so the enhancement safeguards in section 107 were not attracted. The principle against reformatio in peius separately protected an appellant from being placed in a worse position following a remand obtained through its own challenge. Interest under section 50 continues to accrue on the tax payable until payment.

Conclusion: Tax and penalty were each limited to Rs.45,00,000. Interest up to 10 September 2024 was capped at Rs.56,70,000, with further interest payable thereafter until payment. The issue was decided in favour of the assessee.

Issue (iv): Whether service and hearing requirements were satisfied.

Analysis: Service on the common portal was supported by the record and followed by reminders. The notice and adjudication order described the seized material, and the assessee participated in an exhibit-wise reconciliation on remand. No prejudice from non-supply of the investigation report or videography was shown.

Conclusion: The objections concerning service and natural justice failed. The issue was decided against the assessee.

Issue (v): Whether an erroneous reference to the provision governing unregistered persons invalidated the order.

Analysis: The proceedings and determination concerned liability under section 74. Section 160 protects proceedings from invalidity for mistakes that do not affect their substance or conformity with the Act.

Conclusion: The erroneous reference did not invalidate the order. The issue was decided against the assessee.

Final Conclusion: Liability for undeclared supplies remains enforceable within the reduced tax, penalty and interest limits determined in accordance with the protection against reformatio in peius.

Ratio Decidendi: An appellant cannot be placed in a worse position by a fresh determination following a remand obtained through its own challenge.

Protection against worsening liability after remand limits tax and penalties arising from undeclared GST supplies.
Protection against a worse position on remand prevents a fresh determination from increasing an appellant's liability following its own challenge, even where the demand remains within the notice and below the original demand. Interest on tax payable continues to accrue until payment. Records maintained by a registered person carry a rebuttable presumption under Rule 56, and undeclared supplies may be established on a balance of probabilities. Undeclared sales and parallel records may support suppression with intent to evade tax under section 74, attracting tax and an equal penalty. Service through the common portal, participation in reconciliation and demonstrated prejudice are relevant to procedural objections. Section 160 protects proceedings from errors that do not affect their substance or conformity with the Act.

Suppressed iron and steel sales - evidentiary burden - Penalty for suppression of outward supplies with intent to evade tax - Reformatio in peius on taxpayer-initiated remand - Service of notice through the GST common portal - Natural justice-non-supply of inquiry material - Curability of clerical errors in GST adjudication Suppressed iron and steel sales - evidentiary burden - Reliance on a trader's own bound sales notebooks to establish and quantify suppressed outward supplies of iron and steel - HELD THAT: - Rule 56(10) raises a rebuttable presumption of maintenance concerning records belonging to a registered person even when found away from its registered premises; the Tribunal applied that presumption with greater force to records found at the appellant's own business address. The Revenue had connected the bound, sequential sales notebooks with the appellant through their contents, custody and the proprietor's unretracted admission. Facts concerning their origin were then within the appellant's special knowledge, and the unsupported attribution to unidentified brokers or transporters did not discharge the evidential onus. Section 155, confined to input tax credit, was inapplicable. On a preponderance of probabilities, these were the appellant's trade records, not unauthenticated third-party papers. A trader's unreported sales did not require matching unaccounted purchases, and absence of a stock discrepancy was inconclusive where no stock register existed. Quantification by the recorded entries, after reconciliation of the other exhibits, rested on material rather than arbitrary estimation. [Paras 8, 9, 10, 11, 13] The notebooks were held to record the appellant's genuine but undeclared sales and constituted sufficient evidence to sustain the demand. Penalty for suppression of outward supplies with intent to evade tax - Invocation of section 74 and equal-tax penalty for deliberate suppression of sales rather than proceedings under section 73 - HELD THAT: - Section 74 requires fraud, wilful misstatement or suppression with intent to evade tax; mere short-payment, bona fide mistake or a difference of interpretation is insufficient. The parallel sales records, destruction of duplicate sales-pad counterparts, non-maintenance of a stock register and sales without tax invoices established conscious non-declaration in the statutory returns. These circumstances proved suppression with intent to evade tax, attracting the statutory penalty equal to the tax rather than treatment as non-fraudulent non-payment under section 73. [Paras 14] Proceedings under section 74 and penalty equal to the tax were upheld. Reformatio in peius on taxpayer-initiated remand - Requirement of an enhancement notice and limits on tax, penalty and interest following remand obtained by the appellant - HELD THAT: - The provisos to section 107(11) were not attracted because, measured against the Order-in-Original, the fresh appellate determination reduced a demand already covered by the notice. Confirmation remained within the notice and on the same grounds, satisfying section 75(7). Nevertheless, applying M/s Saudi Arabian Airlines v. Union of India [2026 (9) TMI 81 - SUPREME COURT] the Tribunal held that an appellant cannot be placed in a worse position by pursuing an appeal. That principle independently governed the remand obtained at the appellant's instance; a direction for fresh, reasoned adjudication did not authorise worsening its position. The earlier appellate determination therefore fixed the ceiling for tax and penalty and for interest accrued up to that determination. Statutory interest on the capped tax accruing thereafter remained payable until payment. [Paras 15, 18] Tax and penalty were limited to the earlier appellate amounts; interest was correspondingly capped up to that order, with further statutory interest payable until payment. Service of notice through the GST common portal - Validity of service of the section 74 notice through the GST common portal - HELD THAT: - Service on the common portal is a valid mode under section 169(1)(d). The record established that the notice had been so served, unlike the authority invoked by the appellant where proof of service was absent. The notice was followed by repeated reminders, and the appellant failed to respond even to a summons. Its own non-participation did not invalidate the statutory service established on record. [Paras 16] The objection that the show-cause notice had not been served was rejected. Natural justice-non-supply of inquiry material - Non-supply of the SIB report and videography as a ground to invalidate the demand despite a full hearing on remand - HELD THAT: - A procedural defect at adjudication does not vitiate a demand where a full hearing on remand has cured it and no prejudice is shown. The notice and original order disclosed the Panchnama and the exhibit contents, and the notice specifically identified the records and entries relied upon. The appellant had neither sought inspection or copies under section 67(5) nor explained how the report or videography could assist its case. The demand rested on its own records and the proprietor's admission, not third-party testimony requiring cross-examination. The participatory, exhibit-wise reconciliation on remand afforded a full hearing and resulted in relief on the other exhibits. [Paras 12, 16] The objections under section 75(4) and natural justice were rejected, and the direction to hear all stakeholders was held to have been complied with. Curability of clerical errors in GST adjudication - Effect of an erroneous reference to section 63 in the preamble of an order adjudicating a registered trader's liability under section 74 - HELD THAT: - The notice, original adjudication and substantive appellate determination all proceeded under section 74, and the appellant's registration was never disputed. The reference to section 63 appeared only in the preamble and was a clerical slip. Under section 160, a mistake, defect or omission does not invalidate a proceeding that is in substance and effect in conformity with the Act. [Paras 17] The erroneous statutory reference did not affect the validity of the impugned order. Final Conclusion: The appeal was dismissed on merits, but the impugned order was modified to preserve the earlier appellate ceilings on tax, penalty and accrued interest, with statutory interest continuing thereafter until payment on the capped tax.

2026 (11) TMI 589 - CESTAT AHMEDABAD Customs

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Bank guarantees for provisionally released distillate oils may be discharged upon consideration of end-use certification and bond execution
Provisional release of imported goods is governed by Section 110A of the Customs Act, 1962. In comparable disputes concerning distillate oils, laboratory findings did not conclusively establish that the goods were restricted high-flash high-speed diesel, and cloud point alone was insufficient to justify seizure. Release with end-use certification has been permitted without a bank guarantee in similar circumstances. Discharge of an existing bank guarantee is to be considered upon production of an end-use certificate and execution of a bond.

2026 (11) TMI 579 - CESTAT AHMEDABAD Service Tax

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Issues: (i) Whether the refundable deposits were taxable advances before their conversion, giving rise to interest; (ii) whether the penalty for suppression of facts was sustainable; (iii) whether the penalty for late filing of the service tax return was sustainable.

Issue (i): Whether the refundable deposits were taxable advances before their conversion, giving rise to interest.

Analysis: The point of taxation depended on the character of the amounts collected. The project remained uncertain until land was allotted; deposits were refundable if it did not proceed and were recorded as liabilities. Following execution of the land lease, the deposits were reclassified as advances and reported in the service tax return. Rule 5 of the Point of Taxation Rules, 2011 was applied to their conversion. The service tax liability had been accepted and paid.

Conclusion: The deposits became taxable advances on their conversion on 13 April 2017, and no interest was recoverable. In favour of the assessee.

Issue (ii): Whether the penalty for suppression of facts was sustainable.

Analysis: Section 78 of the Finance Act, 1994 governed the penalty. The deposits were disclosed in the books as liabilities and, upon conversion to advances, were reported in the service tax return.

Conclusion: The penalty under Section 78 was not maintainable. In favour of the assessee.

Issue (iii): Whether the penalty for late filing of the service tax return was sustainable.

Analysis: Section 77 of the Finance Act, 1994 governed the penalty. The service tax return for April to June 2017 was filed 42 days late.

Conclusion: The penalty under Section 77 was upheld. Against the assessee.

Final Conclusion: The accepted service tax liability remains undisturbed, and the penalty for late filing remains payable.

Ratio Decidendi: The character of a receipt for determining the point of service taxation depends on the parties' intentions and surrounding circumstances, rather than its label alone; a refundable deposit for an uncertain project is not necessarily an advance before its conversion.

Refundable project deposits become taxable on conversion; disclosure removes the suppression penalty, but late return filing remains penalised.
Refundable deposits for an uncertain project became taxable advances on conversion following the land lease, with no interest recoverable. The character of a receipt depends on the parties' intentions and surrounding circumstances, not its label alone. Rule 5 of the Point of Taxation Rules, 2011 applied to the conversion, and the service tax liability was accepted and paid. The suppression penalty under section 78 was not maintainable because the deposits were recorded as liabilities and reported as advances on conversion. The section 77 penalty remained payable for late filing of the service tax return.

Point of taxation of refundable earnest money for construction - Penalty for suppression of construction receipts - Penalty for delayed filing of ST-3 returns - Separate appeals against directors' personal penalties Point of taxation of refundable earnest money for construction - Point of taxation and interest on refundable earnest money received for proposed office construction before allotment of land - HELD THAT: - The collections accompanied expressions of interest to ascertain demand and the land required for the project. They were refundable if the project did not proceed, and construction remained uncertain until land was allotted. Such receipts could not be equated with construction advances merely because earnest money could subsequently form part of the consideration. Only upon execution of the land lease were the deposits converted into advances. The Tribunal accordingly held Rule 5 of the Point of Taxation Rules, 2011 applicable from 13.04.2017. [Paras 5] Service tax had been paid in time, and no interest was recoverable. Penalty for suppression of construction receipts - Penalty on the assessee under Section 78(1) for alleged suppression of deposits received from members for office space - HELD THAT: - The collections were disclosed in the books as earnest money deposits, and their subsequent conversion into advances was reported in the ST-3 return with payment of tax. These disclosures negatived an intention to conceal the receipts. Revenue established no cogent basis for alleging suppression. [Paras 5] The penalty under Section 78(1) was not maintainable. Penalty for delayed filing of ST-3 returns - Penalty under Section 77(1) for delayed filing of the April-June 2017 ST-3 return - HELD THAT: - The return-filing default was distinct from the allegation of suppression concerning the deposits. The ST-3 return for April-June 2017 had admittedly been filed late, furnishing the basis for sustaining the filing penalty. [Paras 5] The penalty under Section 77(1) was upheld. Separate appeals against directors' personal penalties - Separate appeals by directors to challenge personal penalties under Section 78A for alleged service-tax evasion - HELD THAT: - Personal penalties imposed on the directors could be questioned only through appeals by the persons penalised. The company's prayer for their relief could not be considered when no such separate appeals had been filed. [Paras 5] Relief against the directors' penalties was not considered in the company's appeal. Final Conclusion: Interest and the suppression penalty were set aside; the late-return penalty was upheld, while relief against the directors' penalties required separate appeals.

2026 (11) TMI 569 - MADRAS HIGH COURT GST

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Electronic credit ledger blocking over credit from a non-existent unit remains open to an application for unblocking.
Blocking an electronic credit ledger because a supplier was non-functioning and input tax credit was availed from a non-existent unit falls prima facie within Rule 86A. The authorised authority may unblock the ledger if satisfied that the conditions for disallowing debits no longer exist. For the challenged blocking, an application for unblocking may be made, and the respondents must decide it within 30 days. The validity of the blocking and entitlement to input tax credit have not been finally determined.

2026 (11) TMI 561 - GSTAT BENGALURU GST

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Issues: (i) Whether the first appellate authority may dismiss an appeal for non-appearance without a reasoned decision on merits; (ii) Whether input tax credit reversal may be confirmed solely on a GSTR-3B and GSTR-2A mismatch; (iii) Whether interest on disputed input tax credit can stand without determining utilisation.

Issue (i): Whether the first appellate authority may dismiss an appeal for non-appearance without a reasoned decision on merits.

Analysis: Section 107 requires the appellate authority to determine the appeal and record the points for determination, its decision and reasons. Non-appearance permits the authority to proceed on the available record but does not dispense with those requirements. Service through the common portal is valid.

Conclusion: Dismissal without a reasoned decision on merits was impermissible. The issue is in favour of the assessee.

Issue (ii): Whether input tax credit reversal may be confirmed solely on a GSTR-3B and GSTR-2A mismatch.

Analysis: Section 16 and rule 36 prescribe eligibility conditions that differed before and after 1 January 2022. The applicable departmental circulars require invoice-wise verification for April to December 2021, subject to the prescribed five per cent limit. From January 2022, supplier reporting and communication in GSTR-2B are required. The claimant bears the burden of proving eligibility. The assessment used annual figures without examining invoices or applying the relevant period-wise conditions.

Conclusion: The demand could not be confirmed on the mismatch alone. The issue is in favour of the assessee.

Issue (iii): Whether interest on disputed input tax credit can stand without determining utilisation.

Analysis: Section 50 and rule 88B require both wrongful availment and utilisation. Utilisation is measured by the extent to which the aggregate electronic credit ledger balance falls below the wrongly availed credit. The assessment contained no utilisation finding or corresponding ledger calculation.

Conclusion: The interest charge could not stand on the existing record. The issue is in favour of the assessee.

Final Conclusion: Credit eligibility and the amounts of tax, interest and penalty remain to be determined following verification; penalty depends on the tax ultimately found due.

Ratio Decidendi: A GSTR-3B and GSTR-2A mismatch alone cannot justify reversal of input tax credit without verification of the applicable eligibility conditions and departmental circulars.

Input tax credit mismatches require verification of period-specific eligibility before reversal, while interest depends on credit utilisation.
A GSTR-3B and GSTR-2A mismatch alone cannot justify input tax credit reversal without verification of the applicable eligibility conditions. For April to December 2021, departmental circulars require invoice-wise verification subject to the prescribed five per cent limit; from January 2022, supplier reporting and communication in GSTR-2B are required. The claimant bears the burden of proving eligibility. Interest requires both wrongful availment and utilisation, measured by the extent to which the aggregate electronic credit ledger balance falls below the wrongly availed credit. Penalty depends on the tax ultimately found due. An appellate authority may proceed on the available record after non-appearance but must identify the points for determination and give a reasoned decision. Service through the common portal is valid.

GST appeals - Dismissal for default - Input tax credit - GSTR-3B and GSTR-2A mismatch - Interest on wrongly availed and utilised input tax credit GST appeals - Dismissal for default - Appellant's repeated non-appearance did not permit dismissal of the GST appeal without a decision on merits - HELD THAT: - Sections 107(11) and (12) require the Appellate Authority to confirm, modify or annul the order appealed against and to state the points for determination, its decision and reasons. Non-appearance permits an ex parte decision, not dismissal for default. The authority had the adjudication order, grounds of appeal and parawise remarks before it and could make further inquiry if necessary. Instead, it merely recorded the appellant's absence without examining the lawful basis of the demand. The obligation to give a reasoned decision survived the appellant's default. [Paras 25, 26, 27, 31] The dismissal was contrary to section 107(11) and (12), and the appellate order was set aside. Input tax credit - GSTR-3B and GSTR-2A mismatch - Whether bare annual mismatch between GSTR-3B and GSTR-2A could not sustain reversal of input tax credit without verification under the applicable statutory regimes and Board circulars? - HELD THAT: - A return mismatch initiates inquiry but does not establish inadmissibility; the claimant nevertheless bears the burden of proving eligibility. For April to December 2021, binding Circulars Nos. 183/15/2022-GST and 193/05/2023-GST required invoice-wise verification of the conditions of section 16(2), subject to rule 36(4)'s five per cent ceiling, applied monthly except cumulatively for April to June 2021. From January 2022, supplier reporting and communication in GSTR-2B were required under section 16(2)(aa) and the substituted rule. The adjudication order did not apply these distinct tests, record an offered hearing or state the necessary factual basis. The untested documents required verification against supplier data, monthly returns and ledgers. Direct remittal under section 113(1) was appropriate because section 107(11) barred the first Appellate Authority from remanding the matter. The documents would form part of the reply before the proper officer, without engaging rule 112. The consequential penalty depended on the tax finally determined. [Paras 47, 53, 55, 56, 61] The tax demand and consequential penalty were set aside for fresh invoice-wise adjudication by the proper officer after a personal hearing and by a reasoned order. Eligibility of individual invoices and quantum were not adjudicated. Interest on wrongly availed and utilised input tax credit - Interest on disputed input tax credit required findings of both wrongful availment and actual utilisation - HELD THAT: - Section 50(3) makes interest conditional on credit being both wrongly availed and utilised. Under rule 88B(3), utilisation occurs only when the aggregate electronic credit ledger balance under all heads falls below the wrongly availed credit, and only to the extent of that shortfall. Interest runs from utilisation until reversal or payment. The proper officer charged interest on the entire disputed credit without determining whether, when or to what extent it had been utilised. The ledger therefore required date-wise examination. Decisions concerning interest under section 50(1) on late-filed returns did not directly govern this question. [Paras 50, 51, 52, 61] The interest demand was set aside for fresh determination. Any levy must be confined to credit found wrongly availed and utilised, with the computation under rule 88B(3) shown in the fresh order. Final Conclusion: The appeal was disposed of by remand, both orders were set aside and the show cause notice was restored for fresh adjudication. The appellant was granted eight weeks from receipt of the order to file an invoice-wise reconciliation and supporting documents.

2026 (11) TMI 552 - GSTAT BENGALURU GST

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Issues: (i) Whether the Appellate Authority could reject the cancellation appeal without deciding its merits despite the High Court's direction, including on the ground of alleged misrepresentation; (ii) whether applying for revocation of cancellation admits its validity and bars an appeal; (iii) whether the Tribunal should decide the cancellation's validity itself or leave it for determination by the Appellate Authority.

Issue (i): Whether the Appellate Authority could reject the cancellation appeal without deciding its merits despite the High Court's direction, including on the ground of alleged misrepresentation.

Analysis: Section 107 requires a reasoned appellate decision on the points for determination after any necessary inquiry. The appeal was filed within the period permitted by the High Court. A subordinate authority is bound by an operative High Court direction and cannot sit in appeal over it on an allegation that the High Court was misled. An earlier order set aside by the High Court cannot support refusal of a merits decision.

Conclusion: No. The Appellate Authority could not reject the appeal on those grounds and must decide it on merits, in favour of the appellant.

Issue (ii): Whether applying for revocation of cancellation admits its validity and bars an appeal.

Analysis: Sections 30 and 107 provide distinct remedies: revocation seeks restoration of registration, while an appeal tests the correctness of cancellation. Neither provision makes a revocation application an admission of the grounds for cancellation or removes the right of appeal.

Conclusion: No. Seeking revocation neither admits the cancellation's correctness nor bars an appeal, in favour of the appellant.

Issue (iii): Whether the Tribunal should decide the cancellation's validity itself or leave it for determination by the Appellate Authority.

Analysis: Section 113 permits the Tribunal to refer a case back with directions. The High Court had directed a merits decision by the Appellate Authority, and the record lacked material needed for a fair determination. Section 107 permits the Appellate Authority to conduct further inquiry and confirm, modify or annul the cancellation, but not to remand it to the original officer.

Conclusion: The Appellate Authority must first determine the cancellation's validity. Immediate restoration of registration was not granted.

Final Conclusion: The validity of cancellation and the request for restoration remain to be determined on the full record.

Ratio Decidendi: A subordinate appellate authority must comply with an operative High Court direction to decide an appeal on merits and cannot decline to do so because it believes the High Court was misled.

GST cancellation appeals require merits review under binding directions; revocation requests do not bar challenges to registration cancellation.
GST registration cancellation appeals require a reasoned decision on the points for determination after any necessary inquiry. An appellate authority must comply with an operative High Court direction to decide an appeal on its merits and cannot disregard it because of alleged misrepresentation. Applying for revocation seeks restoration of registration; it neither admits the correctness of cancellation nor bars an appeal. The Tribunal may refer a matter back with directions. The Appellate Authority may conduct further inquiry and confirm, modify or annul cancellation, but cannot remand it to the original officer.

GST registration cancellation - Compliance with binding judicial directions - Revocation of GST registration cancellation - Statutory right of appeal GST registration cancellation - Compliance with binding judicial directions - Invalidity of rejecting a GST cancellation appeal at admission for want of merit and alleged misrepresentation when the High Court had directed adjudication on merits - HELD THAT: - Section 107 requires determination of an appeal on merits by a reasoned order stating the points for determination and the reasons for the decision; want of merit is not a ground for admission-stage rejection. The High Court had expressly permitted a fresh appeal against cancellation and required its determination on merits. Its judgment bound the Appellate Authority unless set aside, modified or suspended by a competent court. Alleged misrepresentation could be raised through review, recall or appeal, but could not justify a subordinate authority disregarding that judgment. Inaccuracies in the appellant's pleadings could affect evidentiary credibility but furnished no statutory ground for refusing adjudication. Nor could the earlier appellate order, which had been set aside, support the rejection. The Tribunal declined to determine cancellation for the first time because that would replace the High Court's direction, deprive the parties of an appellate tier and require adjudication on an incomplete record. Section 107(11) permits the Appellate Authority to conduct further inquiry and confirm, modify or annul cancellation, but not remit the case to the proper officer. Fresh examination therefore had to remain with the Appellate Authority. [Paras 37, 43, 44, 48, 51] The rejection was set aside and the cancellation appeal remitted for fresh adjudication, without deciding cancellation on merits. The Appellate Authority must obtain the complete records, supply relied-upon material at least fifteen days before the hearing, afford a personal hearing and pass a reasoned order within three months of receipt of the Tribunal's order. The appellant must file its supporting documents within thirty days. Restoration of registration was not granted at this stage. Revocation of GST registration cancellation-Statutory right of appeal - Seeking revocation of cancellation does not constitute acceptance of cancellation or preclude an appeal under Section 107 - HELD THAT: - An appeal under Section 107 tests whether cancellation was correct when ordered, whereas an application under Section 30 seeks restoration of registration. Neither provision requires an applicant seeking revocation to concede the correctness of cancellation or removes the right of appeal because revocation was sought. The cancellation appeal was filed within the period expressly permitted by the High Court; the ordinary statutory limitation period therefore did not bar its determination on merits. [Paras 39, 40] The revocation application neither amounted to acceptance of cancellation nor barred the cancellation appeal, which had to be heard on merits pursuant to the High Court's direction. Final Conclusion: The appeal was disposed of by remand, with the admission-stage rejection set aside. The validity of cancellation and restoration of registration were left for determination by the Appellate Authority on fresh examination; no costs were awarded.

2026 (11) TMI 551 - GSTAT BENGALURU GST

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Issues: (i) Whether the first appellate authority could dismiss the appeal solely for non-appearance; (ii) Whether an aggregate mismatch between GSTR-3B and GSTR-2A alone justified denial of input tax credit for FY 2018-19; (iii) Whether the evidence established excess availment of IGST input tax credit.

Issue (i): Whether the first appellate authority could dismiss the appeal solely for non-appearance.

Analysis: Section 107 requires the appellate authority to determine the points arising in the appeal and give reasons for its decision. Although the assessee did not attend the hearings, written grounds and supporting reconciliation documents were on record. The duty to issue a reasoned order also reflects the principles of natural justice.

Conclusion: Dismissal solely for non-appearance was impermissible. The issue is decided in favour of the assessee.

Issue (ii): Whether an aggregate mismatch between GSTR-3B and GSTR-2A alone justified denial of input tax credit for FY 2018-19.

Analysis: Section 16 prescribed conditions for credit, including possession of invoices, receipt of supplies, payment of tax and filing of returns. During FY 2018-19, GSTR-2A was a facilitation tool for self-assessment; the later restrictions concerning supplier-reported details did not apply to that period. A mismatch could prompt verification, but the demand identified neither invoice-level discrepancies nor a violated eligibility condition. The applicable circular prescribed verification of the relevant invoices and supplier tax payments.

Conclusion: An aggregate mismatch alone did not justify denial of the credit. The issue is decided in favour of the assessee.

Issue (iii): Whether the evidence established excess availment of IGST input tax credit.

Analysis: The reconciliation included approximately Rs. 81.08 lakh reflected in the July 2019 B2BA amendment table for invoices relating to FY 2018-19. The adjudicating authority had checked the B2B table without examining those amendment entries. Revenue verified the updated figures, and the July 2019 GSTR-3B supported the absence of a second claim for the amended invoices.

Conclusion: No excess IGST input tax credit was established. The issue is decided in favour of the assessee.

Final Conclusion: The disputed credit remains available, and no consequential interest or penalty liability survives.

Ratio Decidendi: For FY 2018-19, an aggregate difference between GSTR-3B and GSTR-2A cannot by itself justify denial of input tax credit.

Input tax credit mismatches in earlier returns alone do not justify denial without verification of invoices and supplier tax payments.
For FY 2018-19, an aggregate mismatch between GSTR-3B and GSTR-2A alone does not justify denial of input tax credit. GSTR-2A served as a self-assessment facilitation tool, and later restrictions on supplier-reported details did not apply to that period. Credit eligibility depends on statutory conditions, including possession of invoices, receipt of supplies, tax payment and return filing. Mismatches call for verification of relevant invoices and supplier tax payments. Section 107 requires the appellate authority to determine the points raised and give reasons, so non-appearance alone does not warrant dismissal where written grounds and supporting documents are on record.

Input tax credit - GSTR-3B and GSTR-2A mismatch - GST appeals - Dismissal for non-prosecution GST appeals - Dismissal for non-prosecution - Reasoned appellate orders - Legality of dismissing a statutory GST appeal solely for non-appearance despite written grounds and supporting documents being on record - HELD THAT: - Sections 107(11) and 107(12) require the appellate authority to determine the points arising in the appeal and give reasons for confirming, modifying or annulling the order. Non-appearance permits consideration of the appeal in the appellant's absence; it does not dispense with adjudication of the written grounds and evidence already on record. The detailed appeal, reconciliation and supporting documents had not been examined. Authorities concerning non-prosecution in different procedural settings could not override the express statutory duty. Dismissal recording only absence at hearings was therefore non-speaking and contrary to Section 107(12) and natural justice. [Paras 5] The dismissal of the first appeal solely for default of appearance was unsustainable. Input tax credit denied - GSTR-3B and GSTR-2A mismatch - Input tax credit reconciliation-B2BA amendments - Sustainability of IGST input tax credit reversal for FY 2018-19 based on an aggregate GSTR-3B/GSTR-2A mismatch without considering subsequent B2BA amendment entries - HELD THAT: - For FY 2018-19, reflection in GSTR-2A was not a statutory condition for availing credit under Section 16. An aggregate mismatch could initiate verification but could not itself establish ineligibility or sustain reversal without invoice-level examination. The adjudicating authority neither identified the condition breached nor followed the verification procedure in Circular No. 183/15/2022-GST, which bound the officers administering the IGST demand. It also considered only the B2B table and omitted the July 2019 B2BA amendments relating to the disputed year. Examination of the complete records and the Revenue's verification established that the IGST credit availed was within the credit reflected in the updated GSTR-2A. Credit against the amended invoices had not been availed a second time. [Paras 6, 7, 8] The IGST credit reversal demand was set aside on merits, together with interest under Section 50 and penalty under Section 73(9). The alternative plea for waiver of interest did not arise. Final Conclusion: The appeal was allowed, the adjudication and appellate orders were set aside, and consequential relief was granted in accordance with law, without any order as to costs.

2026 (11) TMI 631 - GSTAT BENGALURU GST

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E-way bill vehicle number discrepancies alone do not warrant penalties without material establishing an intention to evade tax
Vehicle particulars in an e-way bill must be correct under Rule 138, and the delivery challan must comply with Rule 55. For a penalty under Section 129, a vehicle-number discrepancy alone does not establish an intention to evade tax. The explanation, accompanying documents and surrounding circumstances must be assessed together. Where the e-way bill and delivery challan accompany the goods, verification reveals no other defects and no other material establishes intent, the penalty is unwarranted.

2026 (11) TMI 592 - MADRAS HIGH COURT Customs

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Issues: (i) Whether the allegations justified a public interest inquiry or recovery action against unnamed persons; (ii) whether mandamus could require enforcement of the disputed import conditions or compel a policy notification; (iii) whether the policy provision making the DGFT's interpretation final excluded the Tribunal's jurisdiction to interpret the Foreign Trade Policy.

Issue (i): Whether the allegations justified a public interest inquiry or recovery action against unnamed persons.

Analysis: Public interest litigation requires carefully pleaded facts and relief that can properly be granted. No importer, bill of entry, officer or particular instance of misuse was identified, and no representation had been made to the authorities. Duty recovery requires notice to a particular person on particular facts by the proper officer.

Conclusion: The allegations did not justify the requested inquiry or recovery action, against the petitioner.

Issue (ii): Whether mandamus could require enforcement of the disputed import conditions or compel a policy notification.

Analysis: Mandamus requires a clear legal duty. The legal force of the conditions imposed by public notice was in serious doubt, while issuing a proper notification was a matter of executive policy attracting judicial restraint.

Conclusion: Neither direction was warranted, against the petitioner.

Issue (iii): Whether the policy provision making the DGFT's interpretation final excluded the Tribunal's jurisdiction to interpret the Foreign Trade Policy.

Analysis: The Tribunal's statutory appellate jurisdiction covers customs exemption disputes that may require interpretation of the Foreign Trade Policy. The provision assigning finality to the DGFT's interpretation is a policy provision, whereas the Tribunal's jurisdiction derives from statute. Statutory appellate remedies were available to an aggrieved revenue authority.

Conclusion: The policy provision did not exclude the Tribunal's jurisdiction to interpret the Foreign Trade Policy in customs appeals, against the petitioner.

Final Conclusion: Statutory appellate jurisdiction remains intact, and policy formulation remains with the executive.

Ratio Decidendi: A policy provision assigning finality to an administrative interpretation cannot curtail jurisdiction conferred on a tribunal by Parliament.

Foreign trade policy interpretation remains within statutory appellate jurisdiction despite administrative finality provisions in customs exemption disputes
Statutory appellate jurisdiction permits the Tribunal to interpret the Foreign Trade Policy in customs exemption disputes despite a policy provision making the DGFT's interpretation final. An aggrieved revenue authority may use the statutory appellate remedy. Public interest litigation requires properly pleaded facts and relief capable of being granted, while duty recovery requires notice to a particular person on particular facts by the proper officer. Mandamus requires a clear legal duty; the legal force of import conditions imposed by public notice may be disputed, while issuing a policy notification is an executive policy matter attracting judicial restraint.

Public interest litigation alleging misuse of DFIA - Mandamus to enforce DFIA import conditions - Roving inquiries and blanket customs duty notices - Collateral challenge to customs appellate orders - CESTAT jurisdiction to interpret the Foreign Trade Policy Public interest litigation alleging misuse of DFIA - Sufficiency of the factual foundation for public interest litigation alleging misuse of the Duty Free Import Authorisation scheme - HELD THAT: - Public interest litigation requires good faith, carefully pleaded facts and relief which the Court can properly grant. The allegations rested on internet reports and disclosed no identified importer, bill of entry or concrete instance supporting the assertion of regular imports in breach of the conditions. The petition did not satisfy the required standard. [Paras 4, 5] The allegations lacked the factual foundation necessary to sustain public interest litigation. Mandamus to enforce DFIA import conditions - Availability of mandamus to enforce DFIA value caps and actual user conditions whose legal force was in doubt - HELD THAT: - Mandamus requires a clear legal duty. Officers could not be directed to enforce conditions whose legal force was itself in serious doubt. If the executive considered such conditions necessary to protect revenue, issuing the appropriate notification was a matter of policy; the Court could not compel it to frame that policy. [Paras 6] The requested enforcement direction was refused, without adjudicating the substantive validity of the disputed conditions. Roving inquiries and blanket customs duty notices - Permissibility of an inquiry against unnamed customs officers and blanket show cause notices to all importers - HELD THAT: - Recovery of duty under the Customs Act, 1962 requires notice to a particular person, on particular facts, by the proper officer. No officer was identified against whom an inquiry was sought. A public interest petition could not sustain a roving inquiry against unnamed persons or indiscriminate notices to all importers. [Paras 7] The prayers for inquiry against officers and show cause notices to all importers were rejected. Collateral challenge to customs appellate orders - Collateral challenge through public interest litigation to customs-exemption orders where the Revenue had a statutory appellate remedy and the Union expressed no grievance - HELD THAT: - The Tribunal's decisions were judicial orders passed in appeals under Section 129A of the Customs Act. The Revenue, which was a party, had an appellate remedy under Chapter XV if aggrieved. The Union had expressed no grievance against those orders, and a stranger could not pursue through public interest litigation a challenge which the Union had not chosen to bring. [Paras 8] The petitioner could not reopen the Tribunal's orders through public interest litigation. CESTAT jurisdiction to interpret the Foreign Trade Policy - Effect of the finality accorded to the DGFT's interpretation under paragraph 2.58 of the Foreign Trade Policy on CESTAT's statutory jurisdiction - HELD THAT: - The Tribunal possessed jurisdiction under the Customs Act to decide customs-exemption disputes, which required it to read the Foreign Trade Policy. A policy provision cannot take away jurisdiction conferred by Parliament. Paragraph 2.58, making the DGFT's interpretation final, therefore could not exclude that statutory jurisdiction. [Paras 8, 9] The blanket declaration that CESTAT could never interpret the Foreign Trade Policy was refused. Final Conclusion: The writ petition was dismissed without costs, and the connected miscellaneous petition was closed.

2026 (11) TMI 560 - GSTAT VIJAYAWADA GST

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Refund interest after a successful appeal depends on the original application despite prompt payment following a consequential application
GST refund interest accrues from immediately after sixty days following receipt of the original application until actual disbursement, subject to verification of completeness and other statutory conditions. Where a rejected refund is allowed on appeal, payment within sixty days of a consequential application does not extinguish ordinary interest, payable at 6% per annum. An appellate refund order is deemed an order under Section 54, while an enhanced interest rate applies to a qualifying delay following an application consequent on a final order. Rule 93 and the applicable circular govern re-credit of the electronic credit ledger but do not independently determine when interest begins.

Interest on delayed GST refunds allowed in appeal - Ordinary interest on inverted-duty input tax credit refunds remains payable by reference to the original complete applications notwithstanding payment within sixty days of consequential applications following appellate relief HELD THAT: - The main provision of Section 56 links ordinary interest to receipt of the original complete refund application. Its Explanation deems an appellate refund order to be an order under Section 54(5). The proviso enhances the rate to 9% for qualifying delay beyond sixty days from a consequential application filed pursuant to an order attaining finality; it neither replaces the main provision nor extinguishes earlier interest. A consequential application implements the appellate relief rather than restarting the entire interest period. Rule 93 and the relevant CBIC circular support the continuing legal significance of the original claim, but do not independently determine commencement of interest. The interpretation adopted in Lupin Limited v. Union of India [2025 (8) TMI 703 - BOMBAY HIGH COURT] and Bansal International v. Commissioner of DGST and Another [2023 (11) TMI 958 - DELHI HIGH COURT] supported the appellant's entitlement despite timely processing of the consequential applications. Union of India and Others v. Willowood Chemicals Pvt. Ltd. and Another [2022 (4) TMI 980 - SUPREME COURT] was distinguishable because it concerned the applicable rate, not the date from which delay was to be reckoned. Interest at 6% per annum was payable on the qualifying refund amounts from the day immediately following expiry of sixty days from receipt of each complete original application until actual disbursement, subject to statutory conditions and lawful exclusions. The denial of interest was set aside. The proper officer was directed to complete verification and quantification within eight weeks of receipt of the order and disburse the interest found payable. Final Conclusion: The appeals were allowed, with consequential directions for verification, computation and payment of statutory interest.

2026 (11) TMI 550 - GSTAT HYDERABAD GST

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Issues: (i) Whether the amended B2B entry and supplier certificates establish entitlement to the input tax credit they cover; (ii) Whether the residual IGST credit of Rs. 20,430 is admissible; (iii) Whether proceedings under section 74 and the consequential interest and penalty are sustainable, and whether the residual liability can be determined under section 73.

Issue (i): Whether the amended B2B entry and supplier certificates establish entitlement to the input tax credit they cover.

Analysis: Section 16 prescribes conditions for credit, while section 155 places the burden of proof on the claimant. The applicable Board circular prescribes verification of supplier tax payments for specified reporting discrepancies, including certificates from suppliers or professionals according to the supplier-wise difference. The amended portal entry, certificates and vendor ledgers were rejected without reasoned findings or verification. The notice alleged non-payment of supplier tax, not absence of invoices or receipt of services; section 75 prohibits confirmation on grounds beyond the notice.

Conclusion: The credit covered by the amended entry and certificates is established. The corresponding reversal is set aside, in favour of the assessee.

Issue (ii): Whether the residual IGST credit of Rs. 20,430 is admissible.

Analysis: No certificate or other cogent evidence established supplier payment of tax for the residual credit. Having relied on the circular's verification mechanism for other disputed invoices, the claimant could not approbate and reprobate its conditions; the statutory burden of proof remained undischarged.

Conclusion: The residual IGST credit of Rs. 20,430 is inadmissible, against the assessee.

Issue (iii): Whether proceedings under section 74 and the consequential interest and penalty are sustainable, and whether the residual liability can be determined under section 73.

Analysis: Section 74 requires foundational facts showing fraud, wilful misstatement or suppression with intent to evade tax. The notice inferred suppression from detection of the discrepancy without identifying such facts, although the credit had been disclosed in returns. Section 75 permits determination under section 73 where the section 74 charge fails; the notice and original order were within the applicable extended time limits. Interest and penalty require adjustment to the surviving liability.

Conclusion: The section 74 proceedings and their consequential levy cannot stand. The notice is deemed issued under section 73, and the residual credit is reversible with appropriate interest, if utilised, and penalty to be quantified. This issue is partly in favour of the assessee.

Final Conclusion: The surviving credit liability is confined to IGST of Rs. 20,430, with consequential interest and penalty to be computed by the proper officer.

Ratio Decidendi: A GSTR-2A mismatch alone is not conclusive proof of wrongly availed input tax credit; eligibility must be assessed against the evidence prescribed by the applicable Board circular and the statutory burden of proof.

Input tax credit mismatches require supplier payment evidence, while unsupported fraud allegations cannot sustain fraud-based tax proceedings.
Input tax credit cannot be denied solely because of a GSTR-2A mismatch. Supplier certificates, amended portal entries and vendor ledgers must be assessed against the prescribed verification process and the claimant's burden of proof. Residual IGST credit unsupported by evidence of supplier tax payment is reversible, with interest if utilised and penalty to be quantified. Section 75 prohibits confirmation on grounds beyond the notice. Section 74 requires foundational facts showing fraud, wilful misstatement or suppression with intent to evade tax; detection of a discrepancy alone is insufficient. Where that charge fails, section 75 permits determination under section 73 within the applicable time limits.

Input tax credit-GSTR-3B and GSTR-2A mismatch - Burden of proving supplier tax payment - Adjudication beyond the show cause notice - Fraud or suppression in availment of input tax credit - Redetermination of tax under section 75(2) Adjudication beyond the show cause notice - Permissibility of defending an input tax credit demand alleging non-payment of tax by suppliers on fresh grounds concerning possession of invoices and receipt of services - HELD THAT: - Section 75(7) prohibits confirmation of a demand on grounds not specified in the show cause notice. The notice alleged breach of section 16(2)(c) alone, on the footing that suppliers had neither reported the supplies nor paid the tax. Neither the notice nor the orders alleged absence of invoices or non-receipt of services. The counter could not enlarge that case through general objections concerning complete and verifiable eligibility. [Paras 19] The fresh grounds were excluded, and the enquiry was confined to the alleged breach of section 16(2)(c). Input tax credit-supplier-reporting mismatch - Verification under Circular No. 183/15/2022-GST - Entitlement to input tax credit established through amended supplier-reported entries, prescribed certificates and ledger extracts despite their unreasoned rejection by the appellate authority - HELD THAT: - Circular No. 183/15/2022-GST, issued under section 168(1), bound the Revenue and applied to the pending proceedings. It prescribed verification rather than automatic entitlement; a GSTR-2A mismatch was not, by itself, conclusive proof of wrongful credit. The undisputed amended supplier entry on the common portal had probative value and could not be rejected merely for want of an invoice copy when the notice did not question the underlying supply. The prescribed certificates were a means of verifying supplier tax payment. They could not be rejected without identifying a defect or undertaking verification, nor could an additional requirement to recite the wrongly reported GSTIN be imposed. Credit to the actual recipient was not dependent on completion of action concerning the wrongly mentioned registration. The amended entry, certificates and ledger extracts discharged the appellant's burden; an unverified bare denial did not displace them. Rejection without reasons also offended section 75(6) and the requirement of a reasoned quasi-judicial order. [Paras 23, 24, 25, 27, 28] Entitlement was established on merits. The entire CGST and SGST demand and the IGST demand covered by the prescribed certificate were set aside. Burden of proving supplier tax payment - Admissibility of residual IGST credit unsupported by a prescribed certificate or other cogent evidence that the suppliers paid the tax to the Government - HELD THAT: - Sections 16(2)(c) and 155 require the claimant to establish actual payment of the tax to the Government. For the residual IGST credit, the appellant furnished neither a certificate nor other cogent evidence of supplier tax payment. Having invoked the Circular's evidentiary mechanism for the disputed credit, it could not accept its prescribed conditions for some invoices while disclaiming them for the remainder. Those conditions applied uniformly, and the statutory burden remained undischarged. [Paras 30] The residual IGST credit was held inadmissible on merits. Fraud or suppression in availment of input tax credit - Redetermination of tax under section 75(2) - Sustainability of fraud-based recovery of disputed input tax credit, treatment of the notice under section 73 and consequential interest and penalty - HELD THAT: - Invocation of section 74 requires foundational facts establishing fraud, wilful misstatement or suppression with intent to evade tax; satisfaction on those ingredients is jurisdictional. Departmental detection of a discrepancy does not establish suppression, and failure to produce defence evidence cannot subsequently supply an ingredient absent from the notice. The credit had been disclosed in statutory returns, and the notice identified no undeclared fact, withheld information or act evidencing deliberate evasion. The fraud charge therefore failed. Under section 75(2), read with Circular No. 185/17/2022-GST, redetermination under section 73 was available because the notice and adjudication fell within the extended statutory time limits. Only the unsupported residual credit remained recoverable. Under section 75(8), interest and penalty required corresponding modification, with interest on the inadmissible credit payable only if it had been utilised. [Paras 33, 34, 35, 36, 37] Section 74 proceedings were held unsustainable, and the notice was treated as issued under section 73. Recovery was confined to the residual IGST credit, with appropriate interest if utilised and penalty to be quantified by the proper officer within four weeks; only quantification remained outstanding. Final Conclusion: The appeal was partly allowed. Only the unsupported residual IGST credit remained recoverable under section 73, with interest conditional upon utilisation and penalty requiring quantification; the balance demand and its consequential interest and penalty were set aside.

2026 (11) TMI 496 - CESTAT CHENNAI Service Tax

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Issues: (i) Whether the demands were barred by limitation and the consequential interest and penalty sustainable; (ii) whether valuation, company-secretarial and promotional services satisfied the business nexus requirement for input service credit; (iii) whether credit on group critical-illness insurance was admissible; and (iv) whether accounting capitalisation justified treating credit on services as inadmissible capital-goods credit.

Issue (i): Whether the demands were barred by limitation and the consequential interest and penalty sustainable.

Analysis: Section 73 of the Finance Act, 1994 prescribed a one-year normal limitation period and permitted an extended period upon proof of specified wrongdoing. The disputed transactions and credit entries were available in maintained records, and payments and reversals had been made before the notice. The disputes also involved interpretation of credit provisions. The return filing dates prescribed for the disputed periods were more than one year before the notice; returns filed after the notice could not retrospectively extend limitation.

Conclusion: The entire demand was barred by limitation, and the consequential interest and penalty could not survive, in favour of the assessee.

Issue (ii): Whether valuation, company-secretarial and promotional services satisfied the business nexus requirement for input service credit.

Analysis: The valuation services related to leased business properties, the company-secretarial services to the business, and the promotional expenditure to an Automall launch. Advertisement and sales promotion were included in the applicable input-service definition.

Conclusion: These services satisfied the business nexus requirement, in favour of the assessee.

Issue (iii): Whether credit on group critical-illness insurance was admissible.

Analysis: The applicable input-service definition excluded life or health insurance used primarily for employees' personal use or consumption. The material did not establish that the policies fell outside that exclusion.

Conclusion: Denial of credit on the insurance component was sustained on merits, against the assessee.

Issue (iv): Whether accounting capitalisation justified treating credit on services as inadmissible capital-goods credit.

Analysis: The underlying documents included engineering, design, installation, communication and rental services. Accounting capitalisation does not by itself convert services into capital goods, and a prior reversal does not determine original credit admissibility.

Conclusion: The finding that the disputed amount represented inadmissible capital-goods credit was unsustainable, in favour of the assessee.

Final Conclusion: No disputed demand, interest or penalty is recoverable despite the adverse alternative finding on insurance credit. Amounts paid or reversed are to receive consequential treatment in accordance with law without double recovery.

Ratio Decidendi: Detection of discrepancies during an audit of maintained records does not by itself establish the wrongdoing required to invoke the extended limitation period.

Service tax limitation requires proof of wrongdoing, while audit discrepancies alone cannot justify an extended demand period
Section 73 of the Finance Act, 1994 prescribed a one-year normal limitation period for service-tax demands, with an extended period requiring proof of specified wrongdoing. Discrepancies found during an audit of maintained records do not alone establish that wrongdoing, and returns filed after a notice cannot retrospectively extend limitation. Consequential interest and penalties cannot survive a time-barred demand. Input-service credit requires a business nexus, and the applicable definition includes advertising and sales promotion. Life or health insurance used primarily for employees' personal consumption is excluded. Accounting capitalisation does not itself convert services into capital goods, and a prior reversal does not determine original credit eligibility.

Extended limitation for recovery of CENVAT credit - Relevant date for limitation where service tax returns are filed after notice Extended limitation for recovery of CENVAT credit - Relevant date for limitation where service tax returns are filed after notice - Limitation for recovery of disputed CENVAT credit detected during audit, where suppression was not established and ST-3 returns were filed after the show-cause notice - HELD THAT: - Recovery beyond the applicable normal period of one year required proof of fraud, collusion, wilful misstatement, suppression or contravention with intent to evade. Audit detection of discrepancies from maintained records did not itself establish those ingredients, particularly where payments and reversals preceded the notice and the dispute substantially involved statutory interpretation. Since the ST-3 returns were filed only after the notice, the statutory filing deadlines governed the relevant date when the notice was issued. Subsequent filing could not retrospectively extend limitation. Each applicable deadline fell more than one year before the notice, and the material did not establish grounds for invoking the extended period. [Paras 5, 7, 8, 9, 24] The entire demand was barred by limitation, and the consequential interest and penalty could not survive. Input-service credit for property valuation, company-secretarial and promotional services - Business nexus of property-valuation, company-secretarial and Automall-launch promotional services for input-service credit - HELD THAT: - Valuation of leased business properties and company-secretarial services had a discernible business nexus. The Automall-launch expenditure concerned publicity and promotion, and advertisement and sales promotion were expressly included in the applicable definition of input service. The Department had not established that these services were unrelated to the appellant's business. [Paras 17, 18, 25] Sufficient business nexus was found for these services, expressly as an alternative finding to the dispositive bar of limitation. Input-service exclusion for employee health insurance - Input-service credit for group critical-illness insurance where the appellant failed to establish that the employee-personal-use exclusion was inapplicable - HELD THAT: - The appellant had not established that the policies fell outside the statutory exclusion for life or health insurance used primarily for personal use or consumption of employees. The material therefore did not justify disturbing the denial of this component on merits. [Paras 19, 25] The denial was left undisturbed on merits, but no recovery could be made in the time-barred proceedings. Capitalisation of input-service expenditure - Denial of CENVAT credit on capitalised service expenditure by treating it as capital-goods credit - HELD THAT: - Capitalisation is an accounting treatment and does not, by itself, convert a service into capital goods under Rule 2(a) of the CENVAT Credit Rules, 2004. Where the underlying invoices concern services, eligibility must be examined under the applicable definition of input service. The Department had not established that the disputed credit represented specified capital goods. Nor could the appellant's earlier reversal determine the original admissibility of the credit. [Paras 22, 23, 25] The finding of inadmissible capital-goods credit was unsustainable on the available material; this finding was alternative, the demand already being barred by limitation. Final Conclusion: The appeal was allowed and the impugned order set aside to the extent challenged, with consequential relief in accordance with law and without double recovery.

2026 (11) TMI 492 - CESTAT CHENNAI Central Excise

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Broadcasting invoices to an advertising agency do not bar CENVAT credit when the manufacturer bears tax and documentation is adequate.
CENVAT credit for broadcasting services procured through an advertising agency is admissible despite the broadcasters invoicing the agency, where the manufacturer receives and uses the services, bears the tax and the required particulars are available. Advertising qualifies as an input service, and documentary deficiencies may be considered where prescribed particulars are available. The broadcasters' invoices identified the manufacturer as advertiser, while the agency's invoices disclosed the tax and service particulars. The broadcasting charges passed through as reimbursement, and the agency did not claim the tax as input credit, eliminating duplicate-credit risk.

CENVAT credit on broadcasting services through advertising agency - Finality of precedent in Revenue appeals CENVAT credit on broadcasting services through advertising agency - Documentary deficiencies under Rule 9(2) - Entitlement to CENVAT credit on broadcasting services procured through an advertising agency despite the channels' invoices being addressed to the agency - HELD THAT: - The interposition of an advertising agency does not make broadcasting its input service merely because the channels address their invoices to it. The manufacturer commissioned the advertisements, bore the broadcasting charges and tax, and used the service in relation to manufacture and clearance of its goods; advertisement was expressly covered by the inclusive definition of input service. The agency neither took credit nor included the broadcasting charges in its taxable output value, consistently with the Board's clarification excluding media charges other than commission. The charges and tax passed through the agency as reimbursement. Acceptance of credit on the agency's procurement commission also confirmed receipt of the broadcast forming part of the same transaction. Under Rule 9(2), documentary deficiency cannot defeat credit when payment of tax, receipt and use of the service are undisputed. The agency's invoices disclosed the requisite particulars, the channels' invoices identified the manufacturer as advertiser, and there was no risk of double credit. [Paras 14, 15, 16, 17] The broadcasting service was an input service of the respondent, and credit was admissible on the agency's invoices with the benefit of Rule 9(2). Finality of precedent in Revenue appeals - Effect of dismissal of the challenge to the broadcasting-credit precedent on a Revenue appeal authorised solely to keep that issue alive - HELD THAT: - The review record disclosed agreement that the appellate order deserved acceptance on merits; authorisation rested only on keeping the issue alive pending the Department's challenge to Zapak Digital Entertainment Ltd. [2018 (9) TMI 759 - BOMBAY HIGH COURT]. Dismissal of that challenge removed the foundation for authorisation. Union of India v. West Coast Paper Mills Ltd. [2004 (2) TMI 344 - SUPREME COURT] concerning a lis kept alive by a pending appeal, no longer assisted the Revenue. Indian Oil Corporation Ltd. v. CCE, Mumbai-II [2014 (11) TMI 659 - CESTAT MUMBAI] furnished an independent, unchallenged basis for sustaining the order on materially identical facts. Both decisions had subsequently been followed, and the jurisdictional High Court had dismissed the Revenue's appeal in Commissioner of GST and Central Excise v. Power Soap Ltd. [2018 (7) TMI 254 - CESTAT CHENNAI] on the identical contentions. [Paras 9, 10, 11, 12] The appeal failed on its own record, without determination of the extent of the Principal Chief Commissioner's power on the reference. Final Conclusion: The Revenue's appeal was dismissed and the order allowing CENVAT credit was upheld, with consequential relief, if any, in accordance with law.

2026 (11) TMI 491 - KERALA HIGH COURT Indian Laws

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Dishonoured cheque claims for chitty debts require proof of the underlying transaction, not merely production of the cheque.
For cheque dishonour under Section 138 of the Negotiable Instruments Act, the complainant's initial burden includes proving the transaction underlying a legally enforceable debt; producing the dishonoured cheque alone does not discharge that burden. In relation to an alleged chitty debt, relevant evidentiary matters include a cheque dated before the alleged auction, unexplained repayments, missing chitty documents and account statements, and a defence that the cheque was issued as security.

2026 (11) TMI 581 - ORISSA HIGH COURT Law of Competition

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Issues: (i) Whether the writ petition was maintainable despite objections concerning alternative remedies, delay and prematurity; (ii) whether part of the cause of action arose within the High Court's territorial jurisdiction; (iii) whether the judicial direction and the Commission's minutes satisfied the statutory condition for initiating an investigation; (iv) whether a valid investigation could extend to enterprises not named in the original complaint; (v) whether the manner of formally bringing the enterprise into the proceedings was procedurally defective.

Issue (i): Whether the writ petition was maintainable despite objections concerning alternative remedies, delay and prematurity.

Analysis: Article 226 permits discretionary intervention where proceedings are challenged as lacking jurisdiction. The statutory appeal did not cover the initiation of investigation or investigative steps, and later objections were not an efficacious remedy for challenging the investigation's foundation. The petitioners approached the Court promptly after obtaining the relevant records; prior knowledge of the investigation did not establish knowledge of the alleged jurisdictional defect or acquiescence.

Conclusion: The writ petition was maintainable. The issue was decided in favour of the Respondents.

Issue (ii): Whether part of the cause of action arose within the High Court's territorial jurisdiction.

Analysis: Under Article 226, material facts within the territory must have a real and integral connection with the dispute. The enterprise's manufacturing units and substantial commercial operations within the State were connected to the subject matter of the investigation and the challenge to its inclusion.

Conclusion: Part of the cause of action arose within the High Court's territorial jurisdiction. The issue was decided in favour of the Respondents.

Issue (iii): Whether the judicial direction and the Commission's minutes satisfied the statutory condition for initiating an investigation.

Analysis: Sections 19 and 26 of the Competition Act require the Commission independently to form a prima facie opinion before directing investigation. The preliminary administrative direction need not be an elaborate speaking order, but must disclose the substance of the Commission's application of mind. A judicial direction to act in accordance with law does not transfer that statutory function or dispense with its precondition. The minutes recorded deliberations and referred to the judicial direction but disclosed neither a prima facie opinion nor its basis.

Conclusion: The statutory condition was not satisfied, and the investigation lacked a valid foundation. The issue was decided in favour of the Respondents.

Issue (iv): Whether a valid investigation could extend to enterprises not named in the original complaint.

Analysis: Competition proceedings have an inquisitorial and in rem character. An investigation may follow evidence of additional participants, but their involvement must have a demonstrable nexus with the subject matter of the inquiry. Its wider scope is not an independent source of jurisdiction.

Conclusion: A valid investigation may extend to additional enterprises without a separate initial direction against each. The issue was decided in favour of the Appellants on the scope of investigative power.

Issue (v): Whether the manner of formally bringing the enterprise into the proceedings was procedurally defective.

Analysis: No prior hearing is required before a preliminary investigation direction, but formally arraying an enterprise as an opposite party must comply with the prescribed procedure and procedural fairness. No corresponding Commission order or procedure was shown for its inclusion, although permission had been obtained to investigate certain other unnamed entities.

Conclusion: The manner of formally bringing the enterprise into the proceedings was procedurally defective. The issue was decided in favour of the Respondents.

Final Conclusion: The investigation and consequential measures remain quashed as to the writ petitioners; the decision does not determine the allegations against other enterprises or persons.

Ratio Decidendi: An investigation under the Competition Act requires the Commission's independently formed prima facie opinion to be discernible from its direction; a judicial direction to act according to law cannot substitute for that statutory satisfaction.

Competition investigations require an independently formed prima facie opinion, even where a court directs action under law.
Sections 19 and 26 of the Competition Act require the Commission independently to form a prima facie opinion before directing an investigation. The direction need not be elaborate, but must disclose the opinion and its basis; a judicial direction to act according to law cannot replace that statutory condition. A valid competition investigation may extend to enterprises not named in the original complaint if their involvement has a demonstrable connection with the inquiry. No prior hearing is required before a preliminary investigation direction, but formally naming an enterprise as an opposite party requires compliance with prescribed procedure and procedural fairness. Under Article 226, jurisdictional challenges may warrant intervention despite alternative remedies, while territorial jurisdiction requires a real and integral connection between material local facts and the dispute.

Prima facie satisfaction for initiation of cartel investigation - Procedural fairness in arraying unnamed enterprises as opposite parties - Writ review of the jurisdictional foundation of competition investigations - Territorial jurisdiction in competition-investigation challenges Writ review of the jurisdictional foundation of competition investigations - Maintainability of a writ challenge to the statutory foundation of an ongoing competition investigation despite objections based on alternative remedies, delay and prematurity - HELD THAT: - The rule of alternative remedy is discretionary and does not exclude scrutiny of proceedings challenged for want of jurisdiction. Section 53B does not provide an appeal against initiation of an investigation under Section 26(1) or investigative steps undertaken by the Director General; a subsequent opportunity to object before the Commission is not an efficacious remedy for questioning the investigation's jurisdictional foundation. Judicial restraint at the investigative stage does not preclude examination of the authority to commence the investigation. Knowledge of an investigation did not establish knowledge of the alleged foundational defect. Prompt recourse after obtaining the relevant records negatived unexplained delay, while prior participation without demonstrated knowledge of that defect did not establish acquiescence. [Paras 8, 9, 10, 11, 12] The writ petition was maintainable and was neither premature nor liable to rejection for delay or acquiescence. Territorial jurisdiction in competition-investigation challenges - Territorial jurisdiction over a cartel-investigation challenge where the enterprise's substantial manufacturing and commercial operations within the State have an integral connection with the subject matter of the investigation - HELD THAT: - Territorial jurisdiction depends upon material facts having a real and integral connection with the dispute, rather than incidental or remote consequences. The location of the registered office and investigative steps outside Odisha was not conclusive. The enterprise's substantial manufacturing and sales operations within Odisha were integrally connected with the steel-market conduct under investigation and the challenge to its inclusion in those proceedings. Earlier challenges by different enterprises before other High Courts, to which the writ petitioners were not parties, did not by themselves establish forum shopping or bar the present challenge. [Paras 15, 16] A part of the cause of action arose within Odisha, and the writ petition was properly entertained within the Court's territorial jurisdiction. Prima facie satisfaction for initiation of cartel investigation - Independent application of mind under Section 26(1) - Compliance with the requirement of independent prima facie satisfaction under Section 26(1) of the Competition Act, 2002, where the Commission's investigative direction relied upon a judicial direction to act in accordance with law - HELD THAT: - A judicial direction to take appropriate action in accordance with law neither substitutes the Commission's statutory satisfaction nor transfers its power to the Director General. Finality attaches to the direction actually issued, not to consequences unsupported by its terms. Under Competition Commission of India v. Steel Authority of India Ltd [2010 (9) TMI 215 - SUPREME COURT] an investigative direction is administrative and requires neither elaborate adjudication nor a prescribed form, but must disclose independent application of mind and at least some reasons supporting the prima facie view. The minutes recorded deliberations and registration of a suo motu case but disclosed neither a prima facie opinion on cartelisation nor the basis for considering the material sufficient to warrant investigation. Their express reliance upon the judicial direction could not supply the missing statutory satisfaction. The contrary view concerning the sufficiency of those minutes was not accepted. [Paras 31, 32, 33, 34, 35] The defect was jurisdictional, not merely one of form or nomenclature, and the minutes could not sustain the investigation against the writ petitioners. Extension of cartel investigation to unnamed enterprises - Extent of the Director General's power to investigate enterprises not named in the original steel-cartel complaint. - HELD THAT: - The principles recognised in Excel Crop Care Ltd. v. CCI [2017 (5) TMI 542 - SUPREME COURT] and Samir Agrawal vs Competition Commission of India [2020 (12) TMI 621 - SUPREME COURT] permit an investigation into anti-competitive conduct to extend beyond the enterprises initially named. The Director General may follow emerging evidence to additional enterprises having a demonstrable nexus with the subject matter, without a separate Section 26(1) direction merely because each additional enterprise was unnamed. The in rem character of competition proceedings does not, however, create blanket authority to investigate every enterprise in an industry or undertake an unrelated inquiry. Such expansion presupposes an investigation validly initiated under the Act. [Paras 41, 42, 44, 45, 46] The wider investigative power could not sustain the proceedings against the respondents in the absence of a valid foundational direction. Procedural fairness in arraying unnamed enterprises as opposite parties - Procedural validity of formally arraying an unnamed enterprise as an opposite party without an identifiable order or demonstrated compliance with the prescribed procedure. - HELD THAT: - The absence of a right to prior notice or hearing before formation of a prima facie opinion is distinct from the procedural fairness required when an enterprise is formally arrayed as an opposite party. MRF Ltd. v. Competition Commission of India [2024 (9) TMI 709 - MADRAS HIGH COURT] supported that distinction. In the same investigation, the Director General had obtained the Commission's permission to investigate other unnamed associations, whereas no corresponding order or procedure was shown for the respondent enterprise. The appellants did not satisfactorily explain this difference in treatment. Investigative breadth could not be equated with unrestricted authority to bring an enterprise on record without following the prescribed procedure. [Paras 48, 49, 50, 51] The procedural infirmity further supported quashing the investigation and consequential proceedings insofar as the enterprise and its Whole-Time Director were concerned. Final Conclusion: The writ appeal was dismissed, affirming the quashing of the investigation and consequential proceedings only in respect of the respondent enterprise and its Whole-Time Director. No determination was made on the merits of allegations against other enterprises or persons.

2026 (11) TMI 540 - ITAT DELHI Income Tax

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Transfer-pricing comparability requires functional analysis and reasoned findings; material objections may warrant fresh examination when records are insufficient.
Transfer-pricing comparability under Rule 10B and the transactional net margin method requires examination of functions performed, assets employed and risks assumed, supported by relevant financial and functional information. Material objections concerning comparables, filters and margins require reasoned findings. Where the available record prevents effective determination of those objections, fresh examination may secure proper adjudication. Remand for that purpose is distinct from routinely giving a party an opportunity to fill evidentiary gaps. The inclusion or exclusion of disputed comparables depends on examination of the relevant information.

2026 (11) TMI 640 - ALLAHABAD HIGH COURT GST

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Split writ and appeal challenges to a single adjudication order may be declined despite transaction-specific jurisdictional objections.
Writ challenges to selected transactions in a single adjudication order may be declined where the remaining transactions must be challenged before the statutory appellate forum. This applies even when a jurisdictional objection alleges overlap between State and Central proceedings for only some transactions and that objection can also be raised before the appellate forum. The jurisdictional objection remains open for appeal.

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2025 (9) TMI 446 - AT - Income Tax

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Exclude non-comparable large ITES firms from transfer pricing comparables and recompute ALP shortfall; allow loss set-off
ITAT, BANGALORE (AT) held that two giant ITES companies with turnover vastly exceeding the assessee are not comparable and must be excluded from TP ... Summary

Exclude non-comparable large ITES firms from transfer pricing comparables and recompute ALP shortfall; allow loss set-off

ITAT, BANGALORE (AT) held that two giant ITES companies with turnover vastly exceeding the assessee are not comparable and must be excluded from TP comparables; directed the TPO to recompute the ALP shortfall after their exclusion. The tribunal upheld exclusion of several other entities that were not part of the TPO's search/accept-reject matrix, and sustained inclusion of a comparable whose margins reflected valid variation. The AO was directed to verify and allow set-off of current year losses in computing income from the TP adjustments in accordance with law.

ISSUES PRESENTED AND CONSIDERED

1. Whether companies with substantially larger turnover and significant brand value are comparable for transfer pricing purposes with a small captive ITeS service provider, and whether an upper turnover filter is required in comparability analysis.

2. Whether a comparable that does not appear in the TPO's search matrix or accept/reject steps can be inserted by the taxpayer's TPSR without amounting to cherry picking.

3. Whether an extraordinary corporate event (merger) affecting a comparable during the year under consideration rendered that comparable non-comparable on account of distortion of operating margins.

4. Whether current year losses must be set off against transfer-pricing adjustments computed as business income in the assessment computation.

ISSUE-WISE DETAILED ANALYSIS

Issue 1 - Comparability of large-turnover, brand-rich companies with a small captive ITeS provider; need for upper turnover filter.

Legal framework: Transfer pricing comparability requires consideration of both quantitative and qualitative criteria (size in sales, assets, employees; product portfolios; business strategies). The arm's length principle is to mirror how independent parties would price transactions, which implies broadly similar economies of scale and competitive position between tested party and comparables. Application of appropriate filters is a recognized part of comparability analysis in TNMM benchmarking.

Precedent treatment: The Tribunal referred to judicial pronouncements accepting exclusion of giant companies when turnover is multiple times that of the tested entity and recognized coordinate bench decisions and high court authority holding that giant companies cannot be compared with small entities for transfer pricing comparability.

Interpretation and reasoning: The Tribunal examined the factual disparity - tested entity turnover about Rs. 11-19 crores versus comparables with turnovers in thousands of crores and strong brand groups - and reasoned that large turnover and brand advantages materially affect market position, bargaining power and ability to sustain different margins. The Tribunal observed that economy of scale effects and market share differences may permit larger players to sell larger volumes at strained margins or potentially earn different operating profit levels; empirical trend tables relied on by the TPO did not meaningfully disprove turnover impact because year-to-year margin variation was wide and the TPO's block-year averaging ignored volatility. The Tribunal also referenced OECD guidance that size criteria are commonly used and that filters must be tailored to the tested entity's facts; guidance note rationale supports use of upper turnover cut-offs to maintain a manageable, broadly similar comparable set.

Ratio vs. Obiter: Ratio - the Tribunal's finding that comparables whose turnover is several hundred times that of a small captive ITeS provider and which belong to large branded groups are not comparable is a dispositive holding applied to exclude the two large group comparables. Obiter - general observations on the role of brand value and empirical studies supporting turnover filters are supportive reasoning but ancillary to the holding.

Conclusion: The Tribunal directed exclusion of the two giant, brand-rich companies from the comparable set and remitted computation of the shortfall excluding those comparables. Ground challenging inclusion of these companies is allowed.

Issue 2 - Inclusion of comparables not in the TPO's search matrix; whether such inclusion amounts to cherry picking.

Legal framework: Transfer pricing benchmarking requires a documented search matrix and sequential application of filters (accept/reject matrix). Deviating from the TPO's search matrix by inserting comparables outside the documented search steps undermines the integrity of the arm's length determination and risks cherry picking.

Precedent treatment: The DRP and Tribunal treated established procedure of fresh search by the TPO as determinative where the taxpayer's TPSR was rejected; insertion of comparables not in the TPO's search matrix was viewed as impermissible cherry picking.

Interpretation and reasoning: The Tribunal noted the TPO carried out a fresh search using accepted databases and search keywords; the taxpayer did not show that the proposed comparables ever appeared in the TPO's accept/reject matrix or were eliminated at a particular step. Allowing insertion would require recollecting other like comparables and would vitiate the methodology. The Tribunal held that the taxpayer's mere assertion of functional similarity without demonstrating presence in the search process is insufficient to override the TPO's methodology and would amount to cherry picking.

Ratio vs. Obiter: Ratio - Comparable entities not present in the TPO's search matrix or accept/reject process cannot be unilaterally inserted by the taxpayer where the TPSR was rejected and a fresh TPO search was conducted; such insertion is cherry picking and will not be permitted. Obiter - remarks on potential consequences of permitting ad hoc insertions and on the integrity of the documented search methodology.

Conclusion: The Tribunal upheld exclusion of the taxpayer-proposed comparables that did not appear in the TPO's search matrix; inclusion claims are rejected.

Issue 3 - Effect of merger as an extraordinary event on comparability of a selected comparable (Savitriya); whether merger distorted margins.

Legal framework: An extraordinary event affecting a comparable may justify exclusion if it alters the business profile or financials in a way that renders the comparable functionally or economically dissimilar for the period under consideration. The burden is on the taxpayer to demonstrate such distortion.

Precedent treatment: The Tribunal applied the principle that mergers of entities carrying similar business do not automatically amount to extraordinary events that distort margins; heterogenous mergers that materially change business mix could, but must be shown.

Interpretation and reasoning: The Tribunal reviewed the merger note and the operating profit margins for the comparable across three years (showing variations but not a pattern indicating distortion attributable to a heterogenous merger). The taxpayer failed to demonstrate that the amalgamated entity engaged in a different business mix that would distort margins. Consequently the Tribunal found no basis to exclude the comparable on this ground.

Ratio vs. Obiter: Ratio - Absent evidence that a merger combined heterogenous activities that materially distorted margins, a merger alone is not a ground for exclusion. Obiter - commentary that only mergers changing business character and margins would justify exclusion.

Conclusion: The comparable was properly retained; challenge to its inclusion is dismissed.

Issue 4 - Set-off of current year losses against transfer-pricing adjustment treated as business income.

Legal framework: Adjustments to income pursuant to transfer pricing (ALP adjustments) are to be included in computing total income; set-off of current year losses is governed by statutory provisions and must be properly reflected in the assessment computation to determine tax liability.

Precedent treatment: Routine administrative/computational obligation on the Assessing Officer to give effect to allowable set-offs and deductions in accordance with law when computing tax following adjustments.

Interpretation and reasoning: The Tribunal observed the assessment computation treated the ALP adjustment as business income but did not consider the returned current year loss of substantial amount. The Assessing Officer was directed to verify and grant the set off in accordance with law.

Ratio vs. Obiter: Ratio - The Assessing Officer must consider and give effect to current year losses when computing tax after transfer pricing adjustments; failure to do so requires rectification. Obiter - none.

Conclusion: Ground on non-set-off of current year losses is allowed; the AO is directed to verify and grant set-off as per law.

Overall Disposition

The appeal is partly allowed: (a) two very large branded comparables are excluded and the ALP shortfall is to be recomputed without them; (b) taxpayer's proposed comparables that did not appear in the TPO search matrix are not admitted (cherry picking); (c) exclusion based on merger not sustained for the comparable examined; (d) assessment computation must give effect to current year losses as per law.

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2025 (9) TMI 446 - AT - Income Tax

Income-tax Act, 1961

Exclude non-comparable large ITES firms from transfer pricing comparables and recompute ALP shortfall; allow loss set-off

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Income-tax Act, 1961

Exclude non-comparable large ITES firms from transfer pricing comparables and recompute ALP shortfall; allow loss set-off

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