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Case Laws
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AI Text Quick Glance by AI Headnote
AI TextQuick Glance (AI)Headnote
Section 28 interest on compulsory acquisition of agricultural land qualifies as exempt enhanced compensation, not separately taxable interest.
Interest awarded under Section 28 of the Land Acquisition Act, 1894, on enhanced compensation for compulsory acquisition of agricultural land bears the character of enhanced compensation rather than separately taxable interest. It forms part of the enhanced value of the acquired land and consequently receives the same exemption under Section 10(37) of the Income-tax Act, 1961 as the underlying compensation.
AI TextQuick Glance (AI)Headnote
Explained cash deposits defeat unexplained-credit additions, while enhanced tax treatment remains inapplicable for the relevant assessment year.
Cash deposits during demonetisation recorded in unrejected audited books and supported by verifiable prior bank withdrawals satisfy the source-explanation requirement for unexplained cash credits. Where books are not rejected and bank records substantiate withdrawals and subsequent deposits, the deposits cannot be treated as unexplained income. The enhanced tax rate with surcharge under section 115BBE does not apply for assessment year 2017-18. Accordingly, additions for the cash deposits and their treatment as unexplained income were unsustainable.
AI TextQuick Glance (AI)Headnote
Bogus purchase additions must reflect embedded profit where sales are accepted and accounting records remain unrejected.
Accepted sales and unrejected books of account preclude treating the entire value of alleged bogus purchases as non-genuine when those purchases support recorded sales. The taxable addition is confined to the profit element embedded in purchases from non-genuine suppliers. On the stated facts, a 12.5% gross-profit estimate was excessive, and the addition was limited to 5% of the disputed purchases as business income.
AI TextQuick Glance (AI)Headnote
Section 14A disallowance fails where investments cannot yield exempt income and Rule 8D lacks valid recorded satisfaction.
Section 14A read with Rule 8D does not support a disallowance where investments neither yielded nor could yield exempt income, dividend income was taxable in the relevant assessment year, and recorded expenses related to taxable income. Rule 8D may be invoked only after the Assessing Officer records valid satisfaction regarding the assessee's claim. On these facts, including consistency with accepted positions in earlier and subsequent years, the Section 14A disallowance was deleted.
AI TextQuick Glance (AI)Headnote
Discounted cash flow valuation resists hindsight substitution, while vendor-confirmation mismatches alone do not establish unexplained expenditure.
Discounted Cash Flow valuation permitted under Section 56(2)(viib) and Rule 11UA must be assessed using information available on the valuation date. Subsequent financial performance or initial operating losses alone do not establish that contemporaneous projections were unreliable or justify replacing the valuation with the Net Asset Value method, particularly where an independent report supports the assumptions. Section 69C applies only where the source of expenditure remains unexplained. Differences between recorded expenditure and vendor confirmations do not constitute unexplained expenditure when entries appear in audited books, payments are made through banking channels, and the business source of those payments is undisputed.
AI TextQuick Glance (AI)Headnote
VAT classification of chewing gum follows common parlance, placing it under the residuary entry rather than sweetmeats.
VAT classification of chewing gum turns on its common commercial understanding rather than its sugar content, food-standard specifications, tariff classification, or departmental commodity coding. Chewing gum or bubble gum is chewed as a mouth freshener and discarded; it is not consumed as an eatable sweetmeat and contains gum base and other ingredients in addition to sugar. Its treatment differs from toffee or chocolate, whose classification as sweetmeats does not determine the position of chewing gum. Chewing gum therefore falls under the residuary entry for unclassified goods rather than the entry for sweets and sweetmeats.
AI TextQuick Glance (AI)Headnote
Provisional attachment expiry prevents renewal or revival after statutory lapse, leaving the Revenue challenge without surviving subject matter.
Provisional attachments under Section 83 of the Central Goods and Services Tax Act cease to have effect upon expiry of the statutory one-year period. The statutory framework provides no authority to renew, reissue, or revive an attachment after that expiry. Where the attachments have lapsed and no interim protection preserves their operation, they no longer create enforceable restraint. A Revenue challenge relating solely to such expired attachments becomes infructuous because the attachments no longer survive.
AI TextQuick Glance (AI)Headnote
Mixed supply classification for bundled digital cinema equipment triggers GST at the projector's applicable rate.
Leasing a projector, server, UPS and VSAT for a single rental is treated as a mixed supply where the equipment is not naturally bundled in the ordinary course of business. Independent usability of each item, absence of customary industry bundling, lack of consumer expectation, and no ancillary or integral relationship prevent composite-supply treatment. A mixed supply is taxable at the rate applicable to its highest-rated constituent supply. As the projector attracts the highest rate, the lease is subject to 28% GST until 21 September 2025 and 18% GST thereafter.
AI TextQuick Glance (AI)Headnote
Provisional release security requires declared-duty payment and a personal bond, making additional bank guarantees unjustified.
Provisional release of imported goods during investigation or adjudication should avoid unnecessary detention while adequately protecting revenue. Where final differential duty has not been determined, payment of duty on the declared value coupled with a personal bond for any subsequently determined differential duty constitutes proportionate security. Requiring an additional bank guarantee is unjustified in those circumstances; goods may be released on payment of applicable declared duty and execution of the personal bond.
AI TextQuick Glance (AI)Headnote
GST registration cancellation for return default requires a further hearing where illness prevents response to the show-cause notice.
GST registration cancellation for non-filing of returns requires an adequate opportunity to respond to a show-cause notice and be heard. Where illness prevented the registered person from responding or attending the scheduled hearing, and no further date was fixed, cancellation after a single notice was set aside. Fresh proceedings must allow a response and hearing before a new order is passed, and must verify any return claimed to have been filed after cancellation.
AI TextQuick Glance (AI)Headnote
Search assessment limitation excludes COVID extension for original proceedings, rendering assessments completed after the statutory deadline invalid.
Section 153B(1) required search-related assessments to be completed within twelve months from the end of the financial year in which the final search authorisation was executed. Where the final authorisation was executed in financial year 2020-21, the statutory deadline was 31 March 2022. The COVID-19 limitation extension applied only to judicial and quasi-judicial matters, including appeals, suits and petitions, and did not extend deadlines for original assessment proceedings. Assessments completed on 11 April 2022 were consequently beyond limitation and invalid.
AI TextQuick Glance (AI)Headnote
Section 40A(3) disallowance does not apply where a vehicle-finance facilitator merely routes loan funds to borrowers.
Section 40A(3) applies only where an assessee incurs expenditure and makes payment outside the prescribed modes. Loan funds received from finance companies and passed to identified borrowers by a vehicle-finance facilitator do not constitute its business expenditure where only commission or brokerage is recognised as income. Finance records, payment advices, agreements and confirmations may establish the facilitator's intermediary role. Routing loan funds through its bank account does not, by itself, convert onward disbursements into expenditure incurred by the facilitator; consequently, disallowance under section 40A(3) does not apply.
AI TextQuick Glance (AI)Headnote
Third-party AMP expenditure requires proof of an associated-enterprise arrangement before any transfer-pricing adjustment can be made.
Advertisement, marketing and promotion expenditure paid to third parties does not constitute an international transaction merely because it may benefit an associated enterprise. A transfer-pricing adjustment under Chapter X requires the Revenue to establish an agreement, arrangement, or understanding between associated enterprises concerning the AMP expenditure. The bright line test cannot replace proof of an underlying international transaction. In the absence of such evidence, AMP expenditure is outside transfer-pricing adjustment and no arm's-length-price determination is permissible.
AI TextQuick Glance (AI)Headnote
Statutory appellate remedy remains available after ordinary limitation expires, with appeal admitted on merits without limitation objection.
Expiry of the ordinary limitation period did not preclude the petitioner's use of the statutory appellate remedy. The petitioner received two weeks to file the appeal, which must be entertained on merits without a limitation objection. The direction preserves access to statutory appellate review notwithstanding the lapse of the ordinary filing period.
AI TextQuick Glance (AI)Headnote
Proper-officer assignments to appointed Central Tax officers remain valid, while factual demand disputes must follow statutory appeal procedures.
Proper-officer functions may be assigned by circular to officers already appointed as Central Tax officers, with specified functions and monetary limits for action under the CGST Act. The relevant distinction is between assigning functions to existing tax officers and assigning them to persons lacking appointment as customs officers. Where a demand order considers defence material and affords a personal hearing, factual and documentary objections require appellate review. An effective statutory appeal remains the appropriate route absent a recognised exception to writ intervention.
AI TextQuick Glance (AI)Headnote
GST refund eligibility for SEZ units permits claims for unutilized input tax credit without limiting applicants to suppliers.
Section 54 of the CGST Act, read with Rule 89(1) of the CGST Rules, permits eligible entities to apply for refunds of unutilized input tax credit and does not limit that entitlement to suppliers making supplies to SEZ units. The supplier-specific language in the second proviso to Rule 89 and Rule 89(2)(f) identifies a category of eligible claimants without excluding SEZ units from making their own claims. Accordingly, an SEZ unit may seek a refund of unutilized input tax credit under the GST refund framework.
Quick Glance (AI)Headnote
Limitation for IBC appeals: inordinate delay resulted in dismissal despite COVID-19 extension and condonable-delay considerations.
Limitation for appeals under the Insolvency and Bankruptcy Code was considered in the context of COVID-19-related extension of limitation and condonable delay. An inordinate delay resulted in dismissal of the civil appeal on the ground of delay, notwithstanding the limitation-extension context.
AI TextQuick Glance (AI)Headnote
Resolution-plan finality extinguishes excluded pre-transfer tax claims, barring refund adjustments and later reassessment for the covered period.
Approved resolution plans under the Insolvency and Bankruptcy Code bind governmental authorities and freeze or extinguish pre-transfer income-tax claims omitted from the plan. The Code's overriding effect prevails over the Income-tax Act power to adjust refunds against outstanding tax demands. Consequently, excluded statutory tax dues cannot be pursued as pre-transfer liabilities, obtain priority over secured creditors, or support tax notices, consequential orders, refund adjustments, or fresh and reassessment proceedings for the relevant period. Refunds adjusted against such pre-transfer demands must be repaid with applicable interest.
AI TextQuick Glance (AI)Headnote
GST commencement limits tax recovery to post-commencement periods, barring demands for earlier periods under the regime.
GST chargeability begins on 08.07.2017, the date on which the regime became operative. Recovery or demand of GST for any earlier period lacks a legal basis because GST was not chargeable before that commencement date. Consequently, no GST may be charged from the petitioner in respect of a period preceding 08.07.2017.
AI TextQuick Glance (AI)Headnote
Alternative statutory remedy limits writ challenges to GST demand orders where notice, replies, and personal hearing were provided.
GST demand orders ordinarily should be challenged through the effective statutory appellate remedy rather than extraordinary writ jurisdiction where the petitioner received a show-cause notice, submitted replies, and had an opportunity of personal hearing. A contention that the hearing was fixed before the reply period expired may be examined in the statutory appeal. A writ petition filed nearly one year and six months after the demand order does not warrant bypassing that remedy; the Appellate Authority may consider an application for condonation of delay in accordance with law.

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2026 (9) TMI 1581 - HC - GST

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GST registration restoration follows payment of outstanding penalty and interest, together with filing of all defaulted returns timely.
Cancelled GST registration for failure to furnish returns for six months may be restored where the taxpayer pays the outstanding penalty with statutory ... Summary

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Acts Income Tax