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Case Laws
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AI Text Quick Glance by AI Headnote
AI TextQuick Glance (AI)Headnote
Partial deduction for vehicle expenses and protection of supported agricultural income from reclassification as other sources.
Vehicle-related expenditure claimed against business income was allowed only to the extent supported by business nexus, because the assessee failed to prove exclusive use for business; on a reasonable estimate, 60% was permitted and 40% disallowed. Agricultural income was not liable to be reclassified as income from other sources, because ownership of agricultural land, past comparable returns, and the claim of leased agricultural operations sufficiently supported the receipt; the addition was deleted. The decision applies a partial allowance where business use is not fully proved, and rejects recharacterisation of supported agricultural income without contrary evidence.
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Mandatory bid compliance and value maximisation govern resolution plans; belated deposit and flawed scoring justified setting aside approval.
Mandatory bid conditions for a resolution plan were not complied with where the earnest money deposit was credited only after the stipulated deadline; acceptance of such a belated deposit rendered the plan non-responsive and contrary to the request for resolution plan. The approval process was also unsustainable because the evaluation did not properly reflect value maximisation, with inadequate consideration of unsecured and operational creditors and unexplained scoring anomalies favouring the selected applicant. A dissenting financial creditor was held entitled to challenge the approval where illegality, non-compliance and procedural unfairness were alleged. The approval order was set aside, the plan invalidated, and the matter remitted for fresh consideration of the remaining plans in accordance with law.
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Service Tax demand cannot rest on Form 26AS alone; independent proof of taxable service is required, and limitation failed too.
Service Tax demand based only on CBDT data, Form 26AS and ITR figures was held unsustainable because the Revenue made no independent verification or corroborative enquiry to establish rendition of a taxable service under the Finance Act, 1994. The Tribunal found that mechanical reliance on income-tax data could not, by itself, prove service tax liability, and the demand was set aside. As the demand lacked evidentiary support and no suppression with intent to evade tax was shown, the extended period of limitation was not invokable. Interest and penalty also fell with the demand and were annulled.
AI TextQuick Glance (AI)Headnote
Procedural delay in exemption notification filing does not defeat refund when substantive conditions are satisfied.
Delay in filing the statement prescribed under Para 4(a) or Para 5(d) of Notification No. 01/2010-CE was treated as a procedural lapse, not a substantive defect. Because the underlying conditions for the exemption/refund benefit were otherwise satisfied, the belated filing did not defeat admissibility of the claim. CESTAT Chandigarh held that denial of refund solely on account of delayed compliance was unsustainable and set aside the refusal, granting the benefit to the assessee with consequential relief as per law.
AI TextQuick Glance (AI)Headnote
GST profiteering from additional input tax credit requires passing on the benefit, with 18% interest payable on delayed refund.
Additional input tax credit in the post-GST period can trigger profiteering liability where the supplier retains the resulting benefit instead of passing it on through a commensurate price reduction. The document states that a higher credit-to-purchase-value ratio was used to quantify the excess amount payable to buyers, with the profiteered sum computed from the differential and the relevant sales base. It further notes that interest is payable at 18% per annum from the date of collection until refund under Rule 133(3)(b), while penalty is avoided where the amount is deposited or refunded within the statutory period under the proviso to Section 171(3A).
AI TextQuick Glance (AI)Headnote
Financial debt can be proved by records without a written loan agreement; fresh Section 7 petition survives settlement breach.
A written loan agreement is not an absolute prerequisite to prove financial debt under the Insolvency and Bankruptcy Code where bank statements, acknowledgements, promissory notes, TDS records, ledger entries and dishonoured cheques evidence disbursement, interest accrual and time value of money. Withdrawal of an earlier Section 7 petition without express liberty does not bar a fresh petition when breach of a settlement creates a new cause of action; res judicata principles do not prevent such a filing. Where the record establishes debt and default, the Section 7 application should be admitted, and technical objections cannot defeat CIRP initiation.
AI TextQuick Glance (AI)Headnote
Prima facie evidence and witness intimidation risk justified refusal of bail in a violent mob attack investigation.
Bail was refused where the court found a prima facie case from call detail records, witness statements, video footage and recovery material indicating the petitioners' alleged role in mobilising a violent mob, obstructing investigation and influencing witnesses. The court balanced prolonged custody against the gravity of the alleged attack on investigating officials, damage to government property and the risk of tampering with evidence or intimidating witnesses, and held that the co-accused on bail were not similarly circumstanced. Delayed recording of some witness statements was treated as a matter for trial, not a ground to displace the incriminating material at this stage.
AI TextQuick Glance (AI)Headnote
Equivalent value attachment under proceeds of crime law upheld despite pre-offence acquisition and absence from predicate FIR
Under the Act, attachment is not limited to property directly derived from the scheduled offence; it can extend to the equivalent value of proceeds of crime where the tainted assets are unavailable. Pre-offence acquisition did not, by itself, bar attachment. The absence of the appellants' names in the predicate FIR was treated as immaterial because action may proceed against any person found in possession of proceeds of crime. On the material accepted, the claimed commercial receipts were linked to funds routed through a connected foreign entity, the appellant company was treated as a shell company, and the burden to disprove tainted origin was not discharged. The attachment and its confirmation were sustained.
AI TextQuick Glance (AI)Headnote
Extended limitation and service tax demand based on income-tax data failed for lack of suppression and independent verification.
A demand for service tax based only on Income Tax Returns/Form 26AS data and without independent verification was held not to justify invocation of the extended limitation period under Section 73(1) of the Finance Act, 1994, where the assessee was registered and had filed ST-3 returns regularly and no suppression with intent to evade was shown. The Tribunal also noted that consulting engineer services linked to exempt road construction activity fell within Notification No. 25/2012-S.T. As the tax demand failed on limitation, the associated interest and penalties under Sections 78(1) and 77(1)(c) could not survive and were set aside.
AI TextQuick Glance (AI)Headnote
Works contract exemption, GTA tax liability, and limitation for service tax demands clarified; demands and penalties were set aside.
Works contract services rendered to government or governmental authorities were treated as exempt under Sl. No. 12A of Notification No. 25/2012-S.T. where the recipients qualified as government-related authorities and the works related to civil structures or original works for non-commercial use; the confirmed service tax demands on that count were set aside. For Goods Transport Agency services received by a body corporate, liability under Rule 2(1)(d)(v) of the Service Tax Rules, 1994 rested on the recipient rather than the service provider, so the GTA demand against the appellant was dropped. The extended period of limitation was also held unavailable because suppression or wilful misstatement was not established, and the demand, interest and penalty were set aside.
AI TextQuick Glance (AI)Headnote
Section 144C(13) time limit renders draft assessment notices unenforceable if final assessment is not passed within the prescribed period.
Section 144C(13) requires the assessing officer to pass a final assessment conforming to Dispute Resolution Panel directions within one month from the end of the month in which directions are received; that statutory timeline is mandatory and operates despite Sections 153/153B. Where the DRP directions were received in September 2021 and no final order was passed by October 31, 2021, jurisdiction lapsed, administrative or ITBA technical errors do not extend the statutory period, and a draft assessment plus attendant demand and penalty notices do not create an enforceable tax liability.
AI TextQuick Glance (AI)Headnote
Tolerance band for stamp duty valuation increased and applied retrospectively as curative, excluding deemed-gift additions where difference is within tolerance.
Finance Act 2020 raised the tolerance band for differences between consideration and stamp duty valuation to 10%, and that amendment is characterised as a curative, retrospective measure addressing hardships from the anti-avoidance deeming provision concerning undervalued immovable property; as a result, where the difference between actual consideration and stamp duty value falls within the 10% tolerance band the deeming provision treating excess as a deemed gift under income-tax does not apply, and additions made solely on that ground are unsustainable and must be deleted.
AI TextQuick Glance (AI)Headnote
Maintenance Charge Recovery: proportionate disallowance of expenses met from CAM or tenant recoveries is not justified, appeals allowed.
Disallowances of proportionate expenses relating to rented portions were examined on the basis that power, fuel and repair costs were met from and matched against tenant recoveries/maintenance (CAM) receipts recorded as business income; co ordinate bench precedents and subsequent assessment treatment were relied on. The Tribunal concluded that where such expenditure is funded by and reflected against CAM or tenant recoveries treated as business income, a proportionate disallowance against rental income is not justified, and accordingly the challenged disallowances were deleted and the appeals allowed in favour of the assessee.
AI TextQuick Glance (AI)Headnote
Late exemption claim under customs notification can be examined at finalisation if importer remains eligible.
An exemption under Notification No. 99/2011-CUS could still be examined after self-assessment where the importer remained otherwise eligible, and the failure to claim it at clearance did not create estoppel. Country-of-origin certificates were already on record, so reassessment was permissible on the existing supporting material. Because the Bills of Entry were still under provisional assessment and finalisation had not been completed, the matter was remanded to the original authority to examine admissibility of the exemption while finalising the imports.
AI TextQuick Glance (AI)Headnote
Prima Facie Bonafide KYC suffices for customs brokers; revocation and penalties unsustainable where inquiry relied on hearsay.
Prima facie bonafide KYC and client identity documentation (including operative IEC and GSTIN) satisfy the broker's verification obligation under the Customs Brokers Licensing Regulations, 2018, and do not require physical inspection; disciplinary sanctions based solely on discreet market enquiries, hearsay or inability to trace the exporter without involving the client do not establish intent to defraud and are insufficient to support revocation, forfeiture or penalty. Procedural fairness requires adherence to prescribed inquiry timelines and genuine consideration of replies; failure to follow timelines and reliance on a flawed inquiry vitiates disciplinary action and mandates restoration of licence and return of monetary amounts.
AI TextQuick Glance (AI)Headnote
Low-value customs penalty appeals may be refused admission where statutory discretion makes them not maintainable.
Appeals against penalty orders below the statutory threshold may be refused admission under the second proviso to Section 129A(1) of the Customs Act, 1962. The Tribunal exercised that discretion and dismissed the appeals as not maintainable because each penalty was below the threshold. Certified copies dispatched by speed post and not returned undelivered attracted the Section 27 General Clauses Act presumption of delivery, which remained unrebutted. The determination was confined to admissibility and maintainability; the merits of the penalties were not examined.
AI TextQuick Glance (AI)Headnote
Appointment of Administrator upheld, with conditional leave for forensic examination of disputed receipts during administration or buyout.
Dispute concerns restoration of directors, appointment of an Administrator, and admissibility of forensic examination of disputed payment receipts. The tribunal affirmed administrative intervention where facts showed incomplete compliance with an alleged oral family settlement, unresolved cash-payment and forgery allegations, and non-production of key documents; it therefore declined to displace the NCLT's core directions restoring directors and appointing an Administrator. The order was modified to permit the Administrator, if presented with disputed receipts during administration or a buyout process, to apply to the NCLT for limited forensic examination of those receipts.
AI TextQuick Glance (AI)Headnote
Late enhanced offer in NRRA liquidation process need not be considered once bidding has concluded and a bidder is selected.
A not readily realisable asset under Regulation 37A of the IBBI (Liquidation Process) Regulations, 2016 must be assigned through a transparent process aimed at value maximisation, but that objective does not override fixed bid timelines or the finality of an already completed sale process. An enhanced offer submitted after the cut-off date and after the successful bidder had been identified in the NRRA process was not required to be considered, because entertaining it would prejudice other participants and unsettle the concluded liquidation sale. The appellant's later conduct, including seeking refund of the EMD and delaying approach to the Tribunal, reinforced acceptance of the process as concluded.
AI TextQuick Glance (AI)Headnote
Motor spirit classification requires proof of fuel suitability in spark ignition engines; reclassification failed for lack of evidence.
Classification of Rishisol S-1, S-2, S-3 and B-1 under CTH 2710.13 as motor spirit turned on cumulative satisfaction of the tariff conditions, including hydrocarbon oil status, a flash point below 25 C, and suitability for use as fuel in spark ignition engines. Although the products met the flash point requirement, the record, including the technical material relied on by both sides, did not establish actual suitability for use as fuel in spark ignition engines. Because the department failed to discharge the burden on that essential condition, reclassification under CTH 2710.13 was rejected and the assessee's classification was sustained.
AI TextQuick Glance (AI)Headnote
Prima facie referral to arbitration may include a non-signatory where alter ego and veil-piercing issues are left to the tribunal.
At the referral stage for appointment of an arbitrator under a partnership deed, a court should confine itself to a prima facie view on the existence and scope of the arbitration agreement and should not conduct a mini-trial on joinder or corporate separateness. Where pleadings allege that a non-signatory company operates as the alter ego of a signatory partner and uses the same premises, resources, customers, workers, and purchase orders, such objections may be left to the arbitral tribunal. Questions of misjoinder, non-signatory status, estoppel, and veil-piercing can be decided by the tribunal under its jurisdictional competence.

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2026 (3) TMI 1208 - AT - IBC

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Financial debt can be proved by records without a written loan agreement; fresh Section 7 petition survives settlement breach.
A written loan agreement is not an absolute prerequisite to prove financial debt under the Insolvency and Bankruptcy Code where bank statements, ... Summary

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Acts Income Tax