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TMI
Example 2024 (6) TMI 204
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TMI Citation
    Section 68 cash-credit additions cannot target brought-forward loan balances uncredited during the relevant previous year.
    Section 68 cash-credit additions fail where corporate loan identity, creditworthiness and genuineness are established through banking evidence.
    Specific penalty charges are mandatory: vague Section 271AAB notices breach natural justice and invalidate the penalty proceedings.
    Employee PF/ESI contribution deadlines govern deductibility, while claimed Form 3CD reporting errors require factual verification before additions.
    Revisionary jurisdiction is valid where an assessment omits material inquiry into commission expenditure and related TDS obligations.
    Ad hoc purchase disallowance fails where transaction records, banking payments, stock reconciliation and GST exemption support genuine purchases.
    Condonation of delay and evidence-based verification govern deduction claims, cash-deposit additions, and consequential penalties in income-tax procee...
    Cost of Improvement on Jointly Owned Land Is Deductible Only to the Extent of the Interest Transferred
    Clerical return-schedule omission cannot justify unexplained-money addition where taxable income includes it and tax has been paid.
    Infrastructure development deduction remains available to EPC contractors whose contracts establish substantive developer responsibilities and project...
    Reassessment limitation excludes the Section 148A(b) response period, validating approval and sustaining political-donation deduction disallowance.
    Cash gifts from relatives escape unexplained-credit treatment when donor identity, transaction genuineness, and basic creditworthiness are established...
    Interest on surplus bank deposits qualifies for co-operative credit society deduction when linked to member lending operations.
    Specific penalty charges must be identified; ambiguous concealment or inaccurate-particulars notices cannot support consequential penalties.
    Unexplained investment additions fail where banking records and credible documents establish sources for property and mutual-fund investments.
    Share-Premium Taxation Requires Actual Consideration, While Valid DCF Valuations Cannot Be Replaced Using Later Financial Results.
    Confidentiality safeguards for suspended directors preserve resolution-plan access while protecting valid creditor committee proceedings from unsuppor...
    Statutory appellate jurisdiction cannot be transferred to an Arbitral Tribunal by converting a Section 37 appeal into Section 17 relief.
    GST registration cancellation requires meaningful notice and hearing; unnotified input tax credit allegations cannot validate cancellation or demand r...
    Parallel GST proceedings cannot support a consolidated central demand for years already covered by state proceedings.
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AI TextQuick Glance (AI)Headnote
Section 68 cash-credit additions cannot target brought-forward loan balances uncredited during the relevant previous year.
Section 68 applies only to sums credited in the books during the relevant previous year. Unsecured loans received in an earlier year and carried as opening balances therefore cannot be treated as cash credits for that year. Banking-channel receipts, interest payments after tax deduction, and proof of the loans supported the assessee's explanation; unverified Investigation Wing information did not justify the addition. The Section 68 addition was consequently unsustainable and deleted.
AI TextQuick Glance (AI)Headnote
Section 68 cash-credit additions fail where corporate loan identity, creditworthiness and genuineness are established through banking evidence.
Unsecured corporate loans supported by lender confirmations, income-tax returns, financial statements and bank records satisfy the assessee's initial Section 68 burden on identity, creditworthiness and genuineness. Additions cannot rest solely on Investigation Wing information or a retracted accommodation-entry statement where no independent lender verification or contrary material exists. A lender's later striking off does not negate loans advanced and repaid when it was active. The second proviso's source-of-source requirement applies only from assessment year 2023-24 and did not govern the years concerned; the loans were satisfactorily explained.
AI TextQuick Glance (AI)Headnote
Specific penalty charges are mandatory: vague Section 271AAB notices breach natural justice and invalidate the penalty proceedings.
Penalty proceedings under Section 271AAB require a notice under Section 274 to specify the precise statutory charge, including the applicable clause under Section 271AAB and the related penalty exposure. A notice merely referring to undisclosed income found in a search and proposing penalty under Section 271AAB, without identifying whether clause (a), (b), or (c) applies or stating the relevant conditions, does not provide a meaningful opportunity to respond and breaches natural justice. Such defective notices are invalid; consequently, the associated penalty cannot be sustained.
AI TextQuick Glance (AI)Headnote
Employee PF/ESI contribution deadlines govern deductibility, while claimed Form 3CD reporting errors require factual verification before additions.
Claimed Form 3CD reporting errors require factual verification against underlying records before a corresponding addition is sustained; the asserted duplication or typographical inflation of an ESI amount therefore remains for Assessing Officer verification. Employee PF/ESI contributions are distinct from employer contributions and are deductible only when deposited within the due dates under the relevant welfare laws. Payment before the income-tax return filing due date does not cure a delay for employee contributions. Accordingly, contributions paid after the statutory due dates are non-deductible for Assessment Year 2020-21.
AI TextQuick Glance (AI)Headnote
Revisionary jurisdiction is valid where an assessment omits material inquiry into commission expenditure and related TDS obligations.
Revision under Section 263 is available where an assessment order is both erroneous and prejudicial to Revenue interests, including where required inquiries or verification were not undertaken. A general request for TDS details and ledger extracts does not establish a conscious examination of substantial commission or brokerage expenditure, the reason for non-deduction of tax, or whether the payment was commission, discount, or another arrangement. Verification may require examination of franchise agreements, invoices, accounting treatment, retention terms, and applicable TDS obligations. Absence of this material inquiry supports setting aside the assessment for fresh examination while leaving ultimate taxability open.
AI TextQuick Glance (AI)Headnote
Ad hoc purchase disallowance fails where transaction records, banking payments, stock reconciliation and GST exemption support genuine purchases.
Ad hoc disallowance of purchases as business income was unjustified where purchase records, supplier confirmations, bank statements, invoices, stock records and transport evidence supported the transactions. Corresponding purchase and sales quantities, predominantly banking-channel payments, and minimal cash purchases weakened any allegation of bogus purchases. Absence of GST registration or GST numbers on invoices did not support an adverse inference because live bovine animals were GST-exempt. Computer-generated invoices and thumb impressions on cash vouchers, without material proving non-genuineness, were insufficient grounds for disallowance. The purchase disallowance was deleted.
AI TextQuick Glance (AI)Headnote
Condonation of delay and evidence-based verification govern deduction claims, cash-deposit additions, and consequential penalties in income-tax proceedings
Condonation of delay may be warranted where COVID-19 disruption, flood-related relocation, limited staffing and professional default collectively establish sufficient cause. Deduction under section 80P(2)(a)(i) requires examination of annual accounts and identification of income attributable to eligible business activities. Additions for unexplained cash deposits require verification of the assessee's explanation and supporting member KYC particulars after an effective hearing. Quantum and consequential penalty matters require fresh determination on a complete factual record, with penalty consequences dependent on the revised quantum outcome.
AI TextQuick Glance (AI)Headnote
Cost of Improvement on Jointly Owned Land Is Deductible Only to the Extent of the Interest Transferred
Cost of improvement in computing capital gains must be attributable to the capital asset or ownership interest transferred. Where jointly owned land is improved but an assessee transfers only a one-tenth interest, expenditure cannot be deducted in full merely because the assessee incurred it or other co-owners made no claim. Without a legally enforceable arrangement or cogent evidence entitling the assessee to set off the entire expenditure against proceeds from the individual share, deduction is restricted to the proportion corresponding to the transferred interest. Accordingly, only one-tenth of the improvement cost is allowable.
AI TextQuick Glance (AI)Headnote
Clerical return-schedule omission cannot justify unexplained-money addition where taxable income includes it and tax has been paid.
Clerical omission of income-from-other-sources particulars from a return schedule does not justify an unexplained-money addition where that income was included in taxable income and the related liability was paid through advance tax, tax deduction and self-assessment tax. Consistent disclosures in preceding and succeeding years support treatment of the omission as inadvertent. Directions allowing a Tribunal challenge without applying limitation, while excluding the pendency period of related proceedings, rendered the appeal maintainable when filed immediately after receipt of the relevant order. The unexplained-money addition was consequently set aside.
AI TextQuick Glance (AI)Headnote
Infrastructure development deduction remains available to EPC contractors whose contracts establish substantive developer responsibilities and project risks.
Section 80-IA(4) allows infrastructure-facility deductions for enterprises that develop, operate and maintain, or develop and operate qualifying facilities, subject to statutory conditions. EPC contractor status alone does not preclude developer eligibility; the substance of contractual responsibilities and activities governs. Responsibility for design, procurement, execution, testing, commissioning, maintenance, project risks, and deployment of technical and financial resources supports developer status. Where substantially identical claims were accepted in earlier years and no material factual or legal change exists, the deduction remains available and disallowance is deleted.
AI TextQuick Glance (AI)Headnote
Reassessment limitation excludes the Section 148A(b) response period, validating approval and sustaining political-donation deduction disallowance.
Reassessment limitation excludes the period allowed for responding to a Section 148A(b) notice when computing the period under the proviso to Section 149(1). Exclusion of the notice-reply period brought the reassessment notice within the applicable three-year period, making approval by the PCIT competent under Section 151(i). A political-party donation is not deductible under Section 80GGC merely because it was paid through banking channels and supported by a receipt. Investigation material showing funds routed through intermediaries and returned to donors established an accommodation-entry arrangement; absent credible rebuttal, the claimed deduction was unsustainable.
AI TextQuick Glance (AI)Headnote
Cash gifts from relatives escape unexplained-credit treatment when donor identity, transaction genuineness, and basic creditworthiness are established.
Cash gifts from relatives are not assessable as unexplained cash credits where the recipient establishes donor identity, transaction genuineness and basic creditworthiness. Donor confirmations responding to statutory notices, gift deeds, income-tax returns and financial statements satisfy the initial evidentiary burden. Revenue doubts concerning donors' own sources amount to requiring proof of the source of source and cannot, without independent material, establish that the gifts are the recipient's unexplained money. Comparisons between returned income and gift amounts, or mere suspicion, do not rebut recorded gifts. The gifts were satisfactorily explained, and the addition was deleted.
AI TextQuick Glance (AI)Headnote
Interest on surplus bank deposits qualifies for co-operative credit society deduction when linked to member lending operations.
Interest earned by a co-operative credit society on its own funds temporarily placed in deposits with nationalised or scheduled banks is attributable to its business of providing credit facilities to members and qualifies for deduction under section 80P(2)(a)(i). "Attributable to" is broader than "derived from". Treatment as income from other sources does not apply where deposited funds are neither amounts payable to members nor other liabilities.
AI TextQuick Glance (AI)Headnote
Specific penalty charges must be identified; ambiguous concealment or inaccurate-particulars notices cannot support consequential penalties.
Penalty proceedings for concealment of income or furnishing inaccurate particulars require a notice identifying the precise charge. Retaining both alternative limbs in a notice, without striking out the inapplicable limb, leaves the taxpayer unable to determine the alleged default. Under Sections 274 and 271(1)(c), this defect in initiation renders the notice invalid and prevents the consequential penalty order from being sustained. Clear communication of the applicable statutory basis is required before imposition of a penalty.
AI TextQuick Glance (AI)Headnote
Unexplained investment additions fail where banking records and credible documents establish sources for property and mutual-fund investments.
Section 69 unexplained-investment additions require a satisfactory explanation of the source of funds. Documentary confirmation of a gift, the donor's bank records evidencing liquidation of fixed deposits, and matching RTGS entries established the source and genuineness of funds applied to property investment; the addition was deleted. Bank debits, account credits, and the stated use of salary income and savings supported recurring mutual-fund contributions; that addition was also deleted. Credible documentary and banking evidence establishing funding sources prevents property and mutual-fund investments from being treated as unexplained.
AI TextQuick Glance (AI)Headnote
Share-Premium Taxation Requires Actual Consideration, While Valid DCF Valuations Cannot Be Replaced Using Later Financial Results.
Section 56(2)(viib) applies where consideration is received for the issue of shares above fair market value. A securities-premium credit created solely by reclassifying compulsorily convertible preference shares under Ind-AS, without a fresh receipt during the year, does not constitute such consideration; taxing it may duplicate an earlier tax adjustment. A merchant banker's Discounted Cash Flow valuation prepared under Rule 11UA remains a prescribed basis for fair market value. Differences between projected and subsequent actual results alone do not invalidate that valuation or justify substituting the Net Asset Value Method when the valuer's competence and method are undisputed.
AI TextQuick Glance (AI)Headnote
Confidentiality safeguards for suspended directors preserve resolution-plan access while protecting valid creditor committee proceedings from unsupported challenges.
Suspended directors may attend creditors' committee meetings on a non-voting basis and obtain resolution-plan material, subject to advance written authority for any representative and a confidentiality undertaking. These safeguards protect confidential plan information and do not restrict personal attendance or access once the undertaking is furnished. Non-compliance will not invalidate committee proceedings without demonstrated actual prejudice or a denial of substantive opportunity. Where the process was not materially defective and an approved plan has been implemented, reopening it conflicts with the time-bound, value-preserving insolvency framework. Costs should remain proportionate to the nature of the challenge.
AI TextQuick Glance (AI)Headnote
Statutory appellate jurisdiction cannot be transferred to an Arbitral Tribunal by converting a Section 37 appeal into Section 17 relief.
Section 37(1)(b) vests appellate jurisdiction over refusal of Section 9 interim relief exclusively in the competent court under Section 2(1)(e). That jurisdiction is distinct from the Arbitral Tribunal's Section 17 power to grant interim measures and cannot be transferred by consent or by remitting an appeal for treatment as a Section 17 application. Once the Tribunal is constituted, a party may independently seek Section 17 interim measures, which must be assessed on subsequent events and the relief then sought. A direction converting or remitting the statutory appeal to the Tribunal is therefore impermissible.
AI TextQuick Glance (AI)Headnote
GST registration cancellation requires meaningful notice and hearing; unnotified input tax credit allegations cannot validate cancellation or demand recovery.
GST registration cancellation requires a clear show cause notice and a meaningful opportunity to furnish supporting evidence before retrospective cancellation. A registrant's request for reasonable time to produce purchase and sale records, e-way bills and transport evidence must be addressed. Revocation or appellate action cannot rely on allegations absent from the original notice, including unnotified input tax credit concerns. Registration-cancellation proceedings and separate tax-demand proceedings for fraudulent input tax credit availment or suppression operate in distinct statutory domains and cannot be conflated. Fresh action requires an appropriate notice, proper hearing and opportunity to produce evidence.
AI TextQuick Glance (AI)Headnote
Parallel GST proceedings cannot support a consolidated central demand for years already covered by state proceedings.
Section 6(2)(b) of the CGST Act applies when central and state departmental proceedings concern the same tax liability, deficiency or obligation arising from a particular contravention; similar liabilities arising from distinct infractions do not trigger the bar. State GST proceedings had already covered FYs 2017-18 and 2018-19, while the central authority confirmed a consolidated demand extending from July 2017 to November 2022 and including those years. The consolidated demand could not cover the overlapping financial years. The impugned order was quashed and remitted for fresh determination excluding FYs 2017-18 and 2018-19.

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2026 (10) TMI 45 - AT - Income Tax

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Section 153C satisfaction requirement invalidates proceedings where the Assessing Officer does not link seized material to taxable income.
Section 153C requires the jurisdictional Assessing Officer of the other person to independently examine seized material and record satisfaction that it is ... Summary

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Acts Income Tax