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Case Laws
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AI Text Quick Glance by AI Headnote
AI TextQuick Glance (AI)Headnote
Limitation for GST refund claims depends on the refund category, and the 2019 amendment to input tax credit refunds is prospective.
Under Section 54 of the CGST Act, the relevant date for limitation depends on the category of refund claimed: refund of unutilised input tax credit is governed by Explanation 2(e), which links limitation to the due date for furnishing the return under Section 39, and cannot be treated like export refund under Explanation 2(a). The Delhi HC also held that the amended Explanation 2(e), effective from 1 February 2019, is prospective and cannot retrospectively curtail refund claims arising from earlier periods. Refund rejections as time-barred were set aside, and the applications were directed to be processed on merits in accordance with law.
AI TextQuick Glance (AI)Headnote
Kar Vivad settlement finality permits refunds outside interest-only settlements but bars adjustments reducing expressly settled income-tax demands.
Kar Vivad Samadhan Scheme settlement certificates are conclusive only for tax arrears expressly covered by them. An interest-only certificate for Assessment Year 1993-94 did not bar a refund arising when a brought-forward loss was later set off, because no income-tax demand had been settled. Conversely, for Assessment Year 1995-96, the certificate expressly settled both income tax and interest; a refund based on a later loss set-off would reduce the settled tax demand and was therefore barred. Statutory finality prevents reassessment or refund only to the extent it reopens matters specifically settled under the Scheme.
AI TextQuick Glance (AI)Headnote
Finality of prior directions barred refund interest where settlement-covered interest had already been expressly denied.
Finality of the Tribunal's earlier direction precluded interest on a tax refund arising from set-off of brought-forward losses where interest covered by a settlement declaration had been expressly denied. The settled interest liability exceeded any interest attributable to the refund. A subordinate appellate authority could not grant interest under Section 244A contrary to the unchallenged Tribunal direction. The refund remained payable, but no interest was available on it.
AI TextQuick Glance (AI)Headnote
MRP-Based Excise Valuation lacked legal support after GST, requiring transaction-value assessment and adjustment of duties.
MRP-based assessment of basic excise duty and National Calamity Contingent Duty under Section 4A lacked legal support from 1 July 2017 to 1 February 2022 because the relevant notification continued to refer to the repealed Central Excise Tariff Act, 1985, without a corresponding post-GST amendment or established continuing operation. Valuation of the excisable goods consequently remained governed by Section 4. Duties and applicable interest are payable on Section 4 valuation, with amounts already paid subject to adjustment. The Section 11AC(1)(a) penalty was set aside.
AI TextQuick Glance (AI)Headnote
Confirmed PMLA Attachments Override Subsequent Sale Deeds and Prevent Purchasers from Resisting Property Auctions in Enforcement Proceedings
Property purchasers acquiring assets after confirmation of attachment under the Prevention of Money-laundering Act cannot resist auction through subsequent sale deeds where the attachment remains in force and the required Enforcement Directorate no-objection certificate was not obtained. Confirmation predating the purchases, a continuing restraint against sale or alienation, and absence of proof that the attachment was lifted prevent purchasers from claiming exemption from auction. The asserted agricultural character of the properties does not displace the attachment or the auction process proceeding under Supreme Court directions.
AI TextQuick Glance (AI)Headnote
Transfer pricing comparability excludes high-scale and functionally dissimilar comparables, while overdue receivables need international-rate benchmarking.
In transfer pricing comparability for a captive ITeS provider, high-turnover companies with materially different scale, brand value, market reach and bargaining power may be excluded because those advantages distort margin comparison. E Care India Private Limited, Vitae Accounting Ltd. and Brickworks India Private Limited were excluded for functional dissimilarity, while Domex E Private Limited was retained because no demonstrated functional difference required exclusion. Delayed receivables from associated enterprises were treated as a separate international transaction requiring benchmarking, but foreign-currency invoices had to be benchmarked using an international money-market reference rate such as LIBOR or Euribor rather than a domestic lending rate.
AI TextQuick Glance (AI)Headnote
Look Out Circulars must rest on specific material and lawful authority; routine commercial default alone is insufficient.
Look Out Circulars were described as an exceptional restraint on the right to travel under Article 21 and not a routine debt-recovery or supervisory tool. They were said to require lawful authority, independent application of mind, specific material showing evasion or a cognizable offence, and periodic review; routine loan default, guarantor status, former directorship, or ordinary revenue concerns were stated to be insufficient. The LOC power of public sector banks was treated as unavailable, and the economic-interest ground was construed narrowly to grave systemic impact. Where chargesheets or complaints were already pending before a competent court, the proper course was to seek modification or cancellation before the appropriate forum, rather than writ relief.
AI TextQuick Glance (AI)Headnote
Statutory forfeiture on auction default applies despite re-auction gain and no loss to the bank.
Default by an auction purchaser in paying the balance consideration within the prescribed time under the Security Interest (Enforcement) Rules, 2002 attracts statutory forfeiture under Rule 9(5). The purchaser was therefore not entitled to refund of the amount retained, and the bank was entitled to forfeit 25% of the bid amount after cancellation of the sale. The absence of loss to the bank, and even a higher price in the re-auction, did not affect the forfeiture, because equity cannot override the clear statutory mandate governing sale of secured assets.
AI TextQuick Glance (AI)Headnote
Transfer pricing comparables and corrected margins led to exclusion of an unsuitable benchmark and removal of the adjustment.
A comparable company must be excluded where its functions, assets, risks and product profile are materially different from those of the tested party; IDS Denmed Private Limited was therefore rejected as a benchmark for a limited risk distributor trading in healthcare products. Comparable margins also had to be recomputed where the annual report data showed that the transfer pricing officer used incorrect financial figures; the corrected margins were accepted for benchmarking. On that basis, the arm's length range covered the assessee's margin and the transfer pricing adjustment was eliminated. The remaining grounds were treated as academic.
AI TextQuick Glance (AI)Headnote
GST writ maintainability is limited by alternate remedy; factual disputes and ordinary adjudication errors go to appeal.
Writ jurisdiction against GST demand proceedings remains exceptional where an alternate statutory appeal under Section 107 is available; interference is confined to cases of lack of jurisdiction, breach of natural justice, violation of fundamental rights, or challenge to vires. Where the dispute turns on factual issues such as the nature of services rendered and the correctness of demand computation, the proper remedy is appellate scrutiny, not writ relief. Mere rejection of the defence in the adjudication order does not, by itself, constitute a natural justice violation. The writ petition was held not maintainable, and the petitioner was relegated to the statutory appeal.
AI TextQuick Glance (AI)Headnote
Cash deposit addition under section 69A fails when business-linked explanation remains plausible and unrebutted.
Section 69A could not be applied to demonetisation-era cash deposits where the assessee offered a plausible business-linked explanation and the Revenue produced no contrary material. A deposit of Rs. 46,000 was directly linked to a prior cash withdrawal and redeposit, making the explanation commercially credible. The remaining deposits of Rs. 2,08,000 were treated as business collections from a cash-based stamp vending activity, supported by accepted books, substantial turnover, and the small comparative quantum in dispute. The addition under section 69A was deleted in full.
AI TextQuick Glance (AI)Headnote
Presumptive taxation and section 68 cash deposits: tribunal reduced the addition after accepting business receipts from debtors.
Delay in filing the appeal was condoned on affidavit evidence because no material rebutted the explanation and the tribunal preferred substantial justice over technicality. On the section 68 dispute, cash deposits said to be recoveries from debtors were accepted as business receipts on the facts, supported by prior balance sheet material, debtor confirmations and identity particulars. As the assessee was a small trader eligible for presumptive taxation and had admitted business income at 8%, the full addition was not sustained; only the presumptive-income component of the disputed amount was upheld and the balance was deleted.
AI TextQuick Glance (AI)Headnote
Share-sale transactions backed by documents cannot be treated as unexplained income without evidence of fabrication or cash trail.
Share-sale proceeds were held not to constitute unexplained income where the assessee produced demat statements, bank statements, contract notes, broker ledger accounts and return disclosures showing transactions through recognised stock exchange and banking channels. In the absence of any discrepancy, falsity, fabrication, price-rigging evidence, accommodation entries or cash trail, a general investigation report and abnormal price movement were found insufficient to displace the documentary trail. The addition under section 69A was therefore unsustainable, and the share-sale profit was to be assessed as claimed by the assessee, including treatment as short-term capital gain under section 111A and allowance of exemption under section 10(38), as applicable.
AI TextQuick Glance (AI)Headnote
Residential status and jurisdiction must be examined before final assessment where the foundational objection remains undecided.
Residential status was central to determining jurisdiction and the competent authority for final assessment. The assessee had raised a specific jurisdictional objection before the Dispute Resolution Panel, but that issue was not adjudicated. The record indicated that residential status had to be verified against relevant material, including the passport and period of stay in India, before a valid assessment could be finalised. Because neither the Assessing Officer nor the Dispute Resolution Panel examined this foundational question, the final assessment order was treated as unsustainable in its existing form and the matter was remanded for adjudication of residential status and jurisdiction.
AI TextQuick Glance (AI)Headnote
Banking trail evidence can explain cash payment source and defeat an addition for unexplained income under section 69.
Banking records showing the trail of funds can rebut an addition for unexplained income under section 69. The assessee supported the cash payment of LIC premium with his and his father's bank statements, showing withdrawal from the assessee's NRE account, transfer to the father's account, prior available balance, and later cash withdrawal for the premium. The Tribunal found that this contemporaneous evidence was not properly appreciated by the lower authorities and that the explanation was not a bare assertion. On that basis, the source of the cash payment was treated as explained and the addition as unexplained income was deleted.
AI TextQuick Glance (AI)Headnote
Reassessment beyond four years barred where reopening rests on the same material and no disclosure failure is recorded.
A completed scrutiny assessment under section 143(3) cannot be reopened beyond four years on the basis of the same material already examined in the original assessment unless the Assessing Officer records a specific failure by the assessee to disclose fully and truly all material facts. Here, the reasons for reopening under section 148 relied only on the existing assessment record and no independent tangible material or disclosure failure was shown. The first proviso to section 147 therefore barred the reassessment, and the reopening was treated as an impermissible change of opinion and an attempt to review a concluded assessment. The reassessment proceedings were quashed in favour of the assessee.
AI TextQuick Glance (AI)Headnote
Directory time limit under GST waiver rules cannot be treated as an absolute bar to merits consideration.
The Karnataka High Court held that the time limit for filing a waiver application under Section 128A of the CGST Act was directory, not mandatory, because the notification used the expression "may" for applications filed within three months from the notified date. The department could not treat that period as an absolute bar and reject the application solely as delayed. The rejection was therefore quashed, and the waiver request had to be considered in accordance with law, with the related GST proceedings kept in abeyance pending such consideration.
AI TextQuick Glance (AI)Headnote
Section 80P deduction on interest from co-operative bank deposits upheld, with relief limited to the original claim.
A primary credit co-operative society is entitled to deduction under section 80P on interest income earned from investments or deposits with co-operative banks that are themselves co-operative societies, and the benefit cannot be denied merely on that basis. The Tribunal followed the binding view approved by the Supreme Court and held the lower authorities' disallowance unsustainable. It also clarified that any deduction allowed under section 80P(2)(d) would remain confined within the overall deduction originally claimed under section 80P(2)(a)(i).
AI TextQuick Glance (AI)Headnote
Real income principle limits taxation of routed interest, but TDS credit claimed in one name must be properly proved
Interest routed through the assessee as a facilitator could not be taxed in his hands on the gross receipt, because the real income belonged to the lenders. However, where TDS was deducted in the assessee's name and credit was claimed by him, he had to prove with bank trail or other cogent evidence that the corresponding tax benefit was passed on to the actual lenders. In the absence of such proof, the TDS-related component remained taxable in his hands. Deduction under section 57 was not allowed to the extent claimed because the assessee failed to establish actual expenditure incurred wholly and exclusively for earning the relevant income.
AI TextQuick Glance (AI)Headnote
GST demand remitted for fresh adjudication after conditional pre-deposit, reply to show-cause notice, and relief from bank attachment.
A GST demand order was stated to have been passed without a reply to the show-cause notice. The assessee agreed to deposit 25% of the disputed tax and the entire late fee, and also to file a reply. On that basis, the Court remitted the matter to the assessing authority for fresh adjudication on merits after receipt of the reply and stipulated pre-deposit, with a direction for expeditious disposal and vacation of bank attachment upon compliance with the stated conditions.

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2026 (5) TMI 305 - AT - Income Tax

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Infructuous tax challenge where the disputed addition did not survive in the final assessment and no adverse tax effect remained.
A challenge to reassessment and an alleged addition became infructuous where the return and supporting documents disclosed the property sale transaction, ... Summary

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Acts Income Tax