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Case Laws
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AI Text Quick Glance by AI Headnote
AI TextQuick Glance (AI)Headnote
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.
AI TextQuick Glance (AI)Headnote
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.
AI TextQuick Glance (AI)Headnote
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.
AI TextQuick Glance (AI)Headnote
Input tax credit mismatches alone do not justify denial when invoice verification and statutory eligibility remain unexamined.
For FY 2018-19, a GSTR-3B and GSTR-2A mismatch alone does not justify denying input tax credit: reflection in GSTR-2A was not an eligibility condition, and verification involves examining invoices and supplier tax payments. Section 107 requires the first appellate authority to decide the points for determination and give reasons; non-appearance alone does not justify dismissal where written grounds and supporting reconciliation are on record. Reconciliation of amended invoice details and the relevant return supported the absence of a second IGST credit claim, so the credit reversal and associated interest and penalty could not survive.
AI TextQuick Glance (AI)Headnote
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.
AI TextQuick Glance (AI)Headnote
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.
AI TextQuick Glance (AI)Headnote
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.
AI TextQuick Glance (AI)Headnote
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.
AI TextQuick Glance (AI)Headnote
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.
AI TextQuick Glance (AI)Headnote
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.
AI TextQuick Glance (AI)Headnote
Review of benami property proceedings requires consideration of procedural review rules, even where permission to seek review is granted.
Review under the Prohibition of Benami Property Transactions Act cannot be allowed solely because the Supreme Court granted liberty to seek review. Relevant Supreme Court precedents require the Tribunal to determine whether Order 47 of the Code of Civil Procedure applies, including where review is sought after an earlier Supreme Court judgment is recalled.
AI TextQuick Glance (AI)Headnote
Show-cause challenges involving disputed facts may be premature where factual and legal objections remain for tax adjudication.
Writ challenges to show-cause notices involving disputed facts need not be entertained before the adjudicating authority considers objections. The recipient can raise factual and legal objections before that authority, which can consider the response in a reasoned speaking order in accordance with law and natural justice. The proposed tax liability remains undecided at the show-cause stage.
AI TextQuick Glance (AI)Headnote
Medical treatment for a dependent may justify a delayed tax appeal where there is no negligence or wilful default.
Sufficient cause for a delay in filing a statutory tax appeal may arise from circumstances beyond a litigant's control, where there is no negligence or wilful default. Involvement in securing medical treatment for a dependent may constitute such a circumstance. The absence of substantial prejudice to respondents is relevant to permitting a hearing on the merits.
AI TextQuick Glance (AI)Headnote
Input tax credit reversal requires verified turnover and common credit calculations, while incorrect GSTIN mapping requires documentary verification.
Section 17 restricts input tax credit on inputs used for both taxable and exempt supplies, while Rule 42 provides for proportionate reversal of common credit. Assertions of separate accounting are insufficient without verification of taxable and exempt turnover, common credit calculations and shared overheads. A circular provides a verification mechanism for input tax credit discrepancies involving an incorrect recipient GSTIN. Tax invoices, banking records and supplier certificates can establish payment of consideration and tax and identify incorrect GSTIN mapping.
AI TextQuick Glance (AI)Headnote
GST registration revocation requires outstanding returns and tax payments to be accompanied by applicable interest, late fees and penalties.
Revocation of GST registration cancellation for failure to furnish returns requires outstanding returns to be filed and tax paid, together with applicable interest, late fee and penalty, before the revocation application is submitted. Filing returns and paying tax alone do not account for these ancillary liabilities. The statutory scheme also provides for recovery of dues under Section 79 and for interest and late fee under Sections 50 and 47.
AI TextQuick Glance (AI)Headnote
Discharge from a pending customs complaint belongs before the criminal court, which may also consider release of the surety.
Where relief sought in relation to a pending customs complaint is in substance discharge, it must be pursued before the criminal court. Release of the surety may also be sought there. The request arose in a petition invoking Article 226 of the Constitution and Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023. All contentions remain open.
AI TextQuick Glance (AI)Headnote
Customs transaction value can be rejected for proven undervaluation and reassessed using genuine invoices and comparable imports.
Imported goods are ordinarily valued at the price actually paid or payable under Section 14 of the Customs Act, 1962 and the Customs Valuation (Determination of Value of Imported Goods) Rules, 2007. Rejection of the declared value requires reasons supported by evidence, followed by reassessment under the valuation rules in sequence. Voluntary statements under Section 108 are admissible, with the timing and circumstances of retraction relevant to their assessment. Parallel invoices, overseas customs information and independent records may corroborate admissions, while genuine invoices and contemporaneous comparable imports can support reassessment.
AI TextQuick Glance (AI)Headnote
Resolution plan approval ends pre-existing money-laundering attachments on covered property when statutory clean-slate conditions are met
Section 32A of the Insolvency and Bankruptcy Code protects property covered by an approved resolution plan from continuation of an attachment linked to an offence committed before insolvency commenced, provided control passes to a person satisfying the statutory conditions. Protection begins on plan approval and does not retrospectively invalidate the original attachment. No prior Special Court finding is required to establish eligibility where the enforcement authority alleges neither that the property is outside the plan nor that the new controller falls within a statutory exception.
AI TextQuick Glance (AI)Headnote
Corporate guarantor proceedings may follow the principal borrower's insolvency forum, while direct debt and default independently support insolvency initiation.
Corporate guarantor status may arise where a loan agreement and hypothecation deed, read together, establish an undertaking to discharge the borrower's liability on default. Under section 126 of the Indian Contract Act, 1872, the document's title and the absence of all parties' signatures on one instrument are not decisive. Section 60 of the Insolvency and Bankruptcy Code permits proceedings involving a corporate guarantor before the forum handling the principal borrower's insolvency, notwithstanding the guarantor's registered office elsewhere. Section 7 separately governs insolvency initiation based on the corporate debtor's own financial debt and default; unpaid direct loans and unstayed arbitral awards recording defaults support that independent basis.
AI TextQuick Glance (AI)Headnote
Shareholder standing to appeal resolution plan approval does not arise solely from a residual distribution to equity holders
Section 61 of the Insolvency and Bankruptcy Code, 2016 permits an aggrieved person to appeal, but shareholders acting solely in that capacity lack standing to challenge approval of a resolution plan. A plan's provision for residual distribution to shareholders does not confer standing. Shareholders have a limited role in the resolution process, and their residual equity interests are consequential to distributions under the plan.

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2026 (4) TMI 1125 - AT - Income Tax

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Foreign tax credit under treaty relief requires verifiable evidence, with partial-year claims restored for full-year verification.
Relief under section 90/90A for foreign tax paid in the United States depends on verifiable evidence of tax payment under the treaty framework, and the ... Summary

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Acts Income Tax