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GST Assessment Against a Deceased Proprietor Is Invalid Unless Legal Representatives Receive Notice and Hearing
GST assessment proceedings must be initiated against a living person; an assessment order issued in the name of a deceased sole proprietor has no legal effect unless the legal representative is brought into the proceedings. Section 93 permits recovery of the deceased person's GST dues from the business or estate, but does not validate an assessment made against the deceased. Such an assessment is invalid and liable to be set aside. Fresh assessment proceedings may be initiated only after notice to and an opportunity of hearing for the legal representative, with recovery confined to the deceased person's estate.
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GST/IGST refund reporting in Form 3CD does not create taxable income where no earlier deduction was claimed.
GST/IGST refunds disclosed in Clause 16(b) of Form 3CD are not taxable merely because of that reporting disclosure. Where GST liability and input tax credit are recorded through balance-sheet ledgers, the tax was not charged to the profit and loss account, and no deduction was claimed, the refund represents a return of tax previously paid rather than income. Under the Real Income principle, no taxable gain arises from repayment of an amount that did not yield an earlier tax deduction. Processing or rectification cannot therefore sustain an adjustment or addition for such GST/IGST refunds.
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Service-tax charging provisions and precise service classification govern demand validity, while return mismatches alone do not extend limitation.
Service-tax demands for the pre-1 July 2012 positive-list regime require the show-cause notice to identify the applicable taxable-service category and statutory basis; aggregated receipt differences without classification do not provide a valid foundation for demand. For the negative-list period, liability must rest on the applicable charging provision, including Section 66B, rather than superseded positive-list provisions. Differences between ST-3 returns, audited financial statements and Form 26AS data alone do not establish wilful suppression or intent to evade tax. Without supporting verification or evidence of such intent, extended limitation, consequential interest and penalties cannot be sustained.
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SEZ premises possession is separated from monetary claims, with vacant handover and valuation disputes reserved for arbitration.
Vacant possession of unused SEZ premises is separated from monetary disputes arising under a sub-lease. Where the agreed final deadline for commencing operations was missed and the premises remained unused, the occupant must vacate after supervised inventory and removal of movables, enabling re-sub-lease to another entrepreneur. Claims for rent, maintenance, interest, damages, termination consequences, and infrastructure improvements require arbitral determination, with inventory and valuation assistance where necessary. Statutory questions concerning rent-control and SEZ regimes need not be resolved to release premises from continued non-use.
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Company-name rectification requires holistic comparison: TOPLAD too nearly resembles TOPLAND, without proving likely consumer confusion.
Section 16(1)(b) of the Companies Act, 2013 requires a holistic assessment of whether a company name is identical with or too nearly resembles a registered trade mark. The inquiry is broader than a trade-mark infringement dispute and does not require proof of likely deception or confusion. Rival expressions should not be artificially divided into components merely because they share a common element. TOPLAD and TOPLAND are structurally and phonetically similar when considered as whole names, and omission of the letter "N" does not create sufficient visual or phonetic distinction in ordinary Indian-market pronunciation. TOPLAD therefore too nearly resembles TOPLAND, supporting rectification of the company name.
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Withholding on gaming payments turns on each payment and whether promotional bonuses are genuine winnings for tax purposes.
For the relevant pre-amendment period, section 194B applied its withholding threshold to each individual winnings payment rather than aggregated payments; disallowance under section 40(a)(ia) also requires an identifiable expenditure and withholding default. Deposit-linked and referral bonuses granted on promotional conditions are not winnings merely because recipients participate on an online gaming platform. CSR expenditure excluded from business-expense deduction under section 37(1) may nevertheless qualify under section 80G where the statutory conditions, including donee eligibility, are met. Employee Stock Option Plan expenditure follows established allowable treatment absent distinguishing facts. Total-income computation requires verification of all operative assessment, appellate, and rectification orders.

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2010 (9) TMI 45 - HC - Income Tax

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High Court Affirms Tribunal Decisions on Jurisdiction, Accounting, and Law Infractions.
The High Court upheld the Tribunal's decisions on jurisdiction, method of accounting, and addition of amounts for alleged infractions of the law. The ... Summary

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Acts Income Tax