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Case Laws
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AI Text Quick Glance by AI Headnote
AI TextQuick Glance (AI)Headnote
Resolution plan deferral pending appeal does not justify adverse findings where stakeholders rely in good faith on finality clauses.
Payment under an approved resolution plan may be deferred pending finality of litigation where the unmodified plan permits it, even if the plan also contains an implementation schedule and unconditionality clause. An interim direction permitting implementation does not mandate it. Bona fide reliance on the payment clause during a pending appeal, even without a stay, does not warrant adverse findings or referral to the insolvency regulator. Adverse observations against a successful resolution applicant who was neither a party nor heard also raise procedural fairness concerns.
AI TextQuick Glance (AI)Headnote
Provisional attachment after quashing a predicate-offence FIR requires independent assessment of proceeds of crime and other underlying FIRs.
Provisional attachment based on two predicate-offence FIRs cannot be cancelled solely because one FIR is quashed, without considering the other and independently assessing the effect of quashing. Quashing a predicate-offence FIR on compromise does not itself eliminate proceeds of crime. The attachment's validity and the parties' contentions require fresh determination.
AI TextQuick Glance (AI)Headnote
Pre-trial detention in GST prosecutions must not be punitive, with bail ordinarily following unless continued custody is justified.
Pre-trial detention for alleged GST offences must not be punitive and must be assessed against Article 21's protection of personal liberty, the presumption of innocence and the right to a speedy trial. Bail ordinarily follows unless continued custody is justified by circumstances affecting the trial or administration of justice, such as risks of absconding or interference with evidence or witnesses. Completion of the investigation, filing of a complaint, absence of criminal history and likely delay in trial are relevant considerations.
AI TextQuick Glance (AI)Headnote
Personal hearing denied by a missing date, time and venue vitiates orders for breach of natural justice
Failure to specify the date, time and venue of a personal hearing denies the assessee an opportunity to present its case and vitiates the resulting orders for breach of natural justice. Marking these particulars as 'N.A.' in the show cause notice and reminders does not provide the information necessary to attend the hearing.
AI TextQuick Glance (AI)Headnote
GST appeal maintainability depends on filing the prescribed form when a filing defect persists despite opportunities to correct it.
An appeal to the GST Appellate Tribunal is not maintainable where Form APL-05 remains unfiled despite opportunities to correct the defect. Section 112 of the Central Goods and Services Tax Act, 2017, read with Rule 110 of the Central Goods and Services Tax Rules, 2017, provides for an appeal in that form. Rule 18 of the GST Appellate Tribunal (Procedure) Rules, 2025, requires online filing in the prescribed form with relevant documents. Final acknowledgment follows filing and removal of defects.
AI TextQuick Glance (AI)Headnote
Transitioned CENVAT credit admissibility under earlier law cannot be determined through Section 73 recovery proceedings under the CGST Act.
CGST authorities cannot use Section 73 of the CGST Act to determine the admissibility under the earlier law of CENVAT credit transitioned to GST or recover the credit on that basis. Credit admissibility under the earlier law is distinct from input tax credit under the CGST Act. Proceedings under the earlier law remain preserved by the statutory saving in Section 174.
AI TextQuick Glance (AI)Headnote
Transitional GST credit survives a wrong-table filing where eligibility exists, while omitted eligibility objections cannot be raised on appeal.
Transitional credit under section 140(3) of the Central Goods and Services Tax Act, 2017 is declared in Table 7(a) of Form GST TRAN-1, not Table 5(a). An inadvertent entry in the wrong table does not by itself defeat an otherwise eligible claim. Where the notice and adjudication confine recovery to that error, Revenue cannot raise an available but omitted substantive eligibility objection on appeal; principles analogous to constructive res judicata and approbation and reprobation apply. Section 107(11) permits further inquiry where necessary but does not make it obligatory; its exercise depends on the facts.
AI TextQuick Glance (AI)Headnote
Input tax credit time limits and tax head errors: qualifying late claims and inadvertent misallocation face distinct consequences.
Section 16(5) of the Central Goods and Services Tax Act, 2017 operates notwithstanding the earlier time limit under Section 16(4), so credit covered by the provision is not reversible solely for exceeding that earlier limit. Section 73 addresses wrongful availment or utilisation of input tax credit. Inadvertent allocation of otherwise eligible IGST credit to CGST and SGST heads is a technical error and does not by itself establish wrongful availment or utilisation. The electronic credit ledger is treated as a unified pool when considering reversal, interest and penalty for such allocation.
AI TextQuick Glance (AI)Headnote
Customs penalties based on untested statements are unsustainable where independent evidence is absent and the allegations' foundation is weakened.
Customs penalties based on third-party statements are unsustainable where cross-examination is denied, independent evidence linking the customs house agent to the import is absent, and the foundation of the allegations has been eroded. Cross-examination is not an absolute right, but forms part of natural justice and is consistent with section 138B of the Customs Act, 1962.
AI TextQuick Glance (AI)Headnote
Shipping bill conversion under advance authorisation cannot be blocked by a circular's time limit held beyond statutory powers.
Conversion of free shipping bills into advance authorisation shipping bills cannot be barred by a time limit prescribed in a circular that has been held ultra vires the governing statute. Rejection of a conversion request on that basis is unsustainable. The same issue arises for substantially similar requests involving the same advance authorisation.
AI TextQuick Glance (AI)Headnote
Personal guarantee limitation can extend through a borrower's timely acknowledgment, while written demand supports invocation without proceeding against the borrower.
Where a continuing guarantee expressly attributes the borrower's written acknowledgment to the guarantor, a timely balance-sheet acknowledgment extends limitation against the guarantor even after invocation. Exclusion of the pandemic period also affects the limitation calculation for a personal guarantor insolvency application. A guarantee may require payment on written demand and permit enforcement without first proceeding against the borrower. Default and recall notices addressed to the guarantor support valid invocation where the guarantee contains those terms.
AI TextQuick Glance (AI)Headnote
Insolvency appeal limitation runs from pronouncement despite later uploading, with strict limits on delay and certified-copy exclusions.
For an insolvency order pronounced in counsel's presence, the limitation period for appeal runs from pronouncement, not subsequent uploading, and the day of pronouncement is excluded from the calculation. The prescribed filing period is 30 days, extendable by no more than 15 days for sufficient cause. Time required to obtain a certified copy is excluded only if the copy is requested within the prescribed limitation period. Delay beyond the statutory maximum cannot be condoned.
AI TextQuick Glance (AI)Headnote
SEZ refund rejection requires re-examination where turnover disclosures and supporting documents remain unverified; entitlement remains undecided.
Supplies to a special economic zone for authorised operations are zero-rated, and refunds of unutilised input tax credit are subject to the formula and documentation requirements under Rule 89 of the Central Goods and Services Tax Rules, 2017. Correct reporting and reconciliation of zero-rated turnover are material to applying the formula. For the claim at issue, returns did not disclose the claimed supplies, turnover figures required reconciliation, and accounts of document submission conflicted. Rejection cannot be sustained without re-examination, including verification of invoices, endorsements, invoice-wise reconciliation and the letter of undertaking, an opportunity of hearing and a reasoned order. Refund entitlement remains undecided.
AI TextQuick Glance (AI)Headnote
Mistaken GST portal payments of service-tax appeal pre-deposits attract general limitation, not GST refund limits or unjust enrichment.
GST refund limitation under section 54 of the Central Goods and Services Tax Act does not apply to a service-tax appeal pre-deposit mistakenly paid through the GST portal, because the provision concerns amounts paid under GST law. General limitation provisions apply to recovery of the mistaken payment. Unjust enrichment does not apply to the return of an appeal pre-deposit, which secures the right of appeal rather than discharging duty. The mistaken payment is recoverable; the required pre-deposit was subsequently paid through the accepted channel.
AI TextQuick Glance (AI)Headnote
Audit-detected tax discrepancies and non-payment alone do not establish wilful suppression needed for fraud-based GST proceedings.
Section 74 proceedings for short payment require the adjudicating officer's satisfaction that fraud, wilful misstatement or suppression caused the short payment, supported by foundational facts in the show-cause notice. Discrepancies detected from taxpayer-produced records, without incriminating material, and failure to pay voluntarily before audit do not by themselves establish wilful suppression. The taxpayer's claimed exemption from filing the reconciliation statement and accounts was undisputed. In these circumstances, Section 74 proceedings are unsustainable, and liability for the relevant financial years is to be determined on the footing of a Section 73 notice.
AI TextQuick Glance (AI)Headnote
Special additional duty refunds for post-amendment imports require timely filing within the prescribed period after duty payment.
Claims for refund of special additional duty on imports made after the amendment effective 1 August 2008 must be filed within one year of payment of the duty. The refund notification's conditions require strict interpretation. Claims filed beyond that period are barred by limitation. Decisions concerning imports before the amendment are distinguishable where both import and duty payment occurred after it.
AI TextQuick Glance (AI)Headnote
Financial debt default supports insolvency admission, while unfulfilled settlement commitments do not displace statutory withdrawal requirements.
A complete insolvency application by a financial creditor must be admitted when a financial debt is due and payable and default is established. Lenders cannot be compelled to accept a proposed settlement where the required upfront deposit was not made and later deposit commitments were not honoured. Withdrawal of an admitted insolvency application must follow the procedure under Section 12A of the Insolvency and Bankruptcy Code, including committee approval and restrictions on the stage at which withdrawal is available.
AI TextQuick Glance (AI)Headnote
Personal hearing compliance in assessment proceedings was not independently decided when the writ petition was disposed of.
Personal hearing requirements in assessment proceedings were raised, but compliance with those requirements was not independently adjudicated. The writ petition was disposed of in terms of an earlier judgment; the relief granted and the effect of that judgment on the assessment proceedings are not specified.
AI TextQuick Glance (AI)Headnote
GST appellate remedy can displace writ review when input tax credit disputes involve supplier facts and no jurisdictional issue arises.
Section 112 of the Central Goods and Services Tax Act, 2017 provides a statutory appeal to the GST Appellate Tribunal. The Tribunal can determine disputed facts concerning payments to suppliers, suppliers' returns and entitlement to input tax credit. Where those factual questions can be resolved through the statutory appeal and no jurisdictional question arises, a writ court may decline to exercise jurisdiction in view of the available appellate remedy.
AI TextQuick Glance (AI)Headnote
Non-accounting for taxable goods permits confiscation without proof of intent to evade tax, subject to verified evidence
Non-accounting for taxable goods is a distinct ground for confiscation under Section 130(1)(ii) and does not require proof of intent to evade tax. Other contraventions under Section 130(1) are expressly qualified by an intent to evade tax, so that requirement cannot be applied across all clauses. Confiscation requires assessment of the relevant statutory ingredients against verified evidence, including the alleged account books and findings on non-production of records.

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2026 (4) TMI 1697 - AT - Income Tax

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Common area maintenance and mall operating expenses cannot be mechanically apportioned to house property income; fresh property tax claim may be verified.
Common area maintenance and other mall , when incurred for contractual upkeep, tenant services, marketing, security and administration, were held not to ... Summary

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Acts Income Tax