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Example 2024 (6) TMI 204
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    Bank-account attachment during a restored tax appeal lifts on proportionate deposit while priority adjudication proceeds.
    GST arrest and summons powers remain valid as ancillary to constitutional authority over levy, collection and evasion control.
    Condonation of delay for provisional registration requires examination of reasonable cause before rejecting a delayed Form 10AB application.
    Subsisting 12AB registration supports renewal despite an erroneous earlier application clause selection and no prior erstwhile-regime registration.
    Input tax credit conditions require supplier tax payment, with disputed transaction genuineness directed to statutory appeals.
    Public trust registration exclusion required examination before denying tax registration and charitable donation approval applications.
    Post-search assessment jurisdiction requires reassessment notice procedures; regular assessment without section 148 notice lacks legal authority.
    Trust exemption remains available where investor compensation confers no prohibited benefit and auction-interest lacks beneficial ownership.
    Medical relief under government healthcare contracts remains charitable despite receipts and surplus; registration cancellation requires specific noti...
    Impleadment of Suspended Directors Preserves Forensic Audit Challenges When Resolution Professionals Decline to Continue Writ Proceedings
    Explained loan evidence defeats unexplained investment addition, while stamp-duty valuation requires fresh review of property transaction facts.
    Misreporting penalty requires specific prior notice; an under-reporting charge cannot support the aggravated penal consequence.
    Unexplained cash credits require proof of creditor creditworthiness and transaction genuineness beyond confirmations and banking records alone.
    Pending assessment proceedings determine whether an advance-ruling challenge survives, with reopening permitted if proceedings are subsequently found.
    Limitation for Official Liquidator claims extends through Article 137 and statutory exclusion, preserving claims filed within the available period.
    Section 80G eligibility turns on dominant charitable objects, unrestricted beneficiaries, and religious expenditure remaining within the statutory cei...
    Refund of unutilised CENVAT credit remains available for exported software services despite their non-taxable status.
    Vivad se Vishwas settlement bars pending adjudication, while manipulated share transactions cannot support long-term capital-gains exemption.
    Natural justice in ex parte GST adjudication requires a fresh hearing when health grounds prevented a response.
    Export of service classification for marketing and promotional services remained supported by the applicable rules and Board circular.
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Bank-account attachment during a restored tax appeal lifts on proportionate deposit while priority adjudication proceeds.
Bank-account attachment pending a restored statutory appeal should be replaced by proportionate security where the appeal has been remitted for fresh decision and remains undecided. Revenue protection is achieved by requiring deposit of 20% of the assessed tax liability within three weeks, after which the accounts must be released. The restored appeal is to receive priority disposal within six months.
AI TextQuick Glance (AI)Headnote
GST arrest and summons powers remain valid as ancillary to constitutional authority over levy, collection and evasion control.
Sections 69 and 70(1) of the Central Goods and Services Tax Act, 2017, which provide powers to arrest and summon, are constitutionally valid. Those powers support GST levy, collection and evasion control and are ancillary and incidental to legislative power under Article 246A of the Constitution. The constitutional challenge therefore fails, preserving the statutory framework for summons, arrest and prosecution in GST enforcement.
AI TextQuick Glance (AI)Headnote
Condonation of delay for provisional registration requires examination of reasonable cause before rejecting a delayed Form 10AB application.
The proviso to Section 12A(1)(ac), effective from 1 October 2024, empowers the Principal Commissioner or Commissioner to condone delay in filing Form No. 10AB for regularisation of provisional registration where reasonable cause is established. An application filed after the prescribed period cannot be rejected solely as time-barred without examining that statutory discretion. A bona fide misunderstanding regarding the duration of provisional registration may require consideration as reasonable cause, although a substantial delay must be specifically assessed by the competent authority. Strict-compliance principles do not override an express statutory power to condone delay.
AI TextQuick Glance (AI)Headnote
Subsisting 12AB registration supports renewal despite an erroneous earlier application clause selection and no prior erstwhile-regime registration.
Subsisting registration of a charitable trust supports renewal where the registration remains valid and has not been withdrawn or cancelled in accordance with law. Renewal under section 12A(1)(ac)(ii) applies to an existing registered trust whose registration is due to expire. An erroneous selection of a sub-clause in an earlier regular-registration application does not erase the legal existence of registration granted by the competent authority. Refusal cannot rest solely on the trust's absence of registration under the erstwhile regime before 1 April 2021, particularly where no objection concerns its objects, genuineness of activities, or compliance with registration conditions.
AI TextQuick Glance (AI)Headnote
Input tax credit conditions require supplier tax payment, with disputed transaction genuineness directed to statutory appeals.
Input tax credit under Section 16 is a conditional statutory entitlement: the recipient must establish eligibility, including that the supplier has paid the tax. Section 16(2)(c), read with Section 41, permits reversal of credit for supplier default and re-availment after payment, and is not subject to a bona fide-purchaser exception. Allegations of fake invoices, bogus supplies and absence of goods movement may provide the prima facie foundation for proceedings under Section 74, while their evidentiary correctness requires merits review. Form GST DRC-01A is not a mandatory precondition under Rule 142(1A), and investigation and determination by the proper officer do not alone establish bias. Transactional disputes are to be pursued through the statutory appellate framework.
AI TextQuick Glance (AI)Headnote
Public trust registration exclusion required examination before denying tax registration and charitable donation approval applications.
Registration under sections 12AB and 80G(5) cannot be refused solely because an applicant lacks registration under the Rajasthan Public Trust Act, 1959, without first deciding whether the statutory exclusion for trusts administered by an agency under State Government or local-authority control applies. Governmental control required examination of the arrangement with a Government medical institution, Government representation on the management committee, prescribed supervision, and no-profit-no-loss operations. Absence of Government grants, private trusteeship, or subsidised user charges was not conclusive. No finding established non-charitable objects or non-genuine activities; accordingly, the issue was resolved in favour of the assessee.
AI TextQuick Glance (AI)Headnote
Post-search assessment jurisdiction requires reassessment notice procedures; regular assessment without section 148 notice lacks legal authority.
For a search initiated after 1 April 2021, Explanation 2 to section 148 deems the Assessing Officer to have information suggesting income escapement for the three immediately preceding assessment years. Where an assessment year falls within that period, jurisdiction must be assumed through reassessment proceedings under sections 147 and 148. An assessment under section 143(3), without issuing a section 148 notice, lacks jurisdiction and is liable to be quashed.
AI TextQuick Glance (AI)Headnote
Trust exemption remains available where investor compensation confers no prohibited benefit and auction-interest lacks beneficial ownership.
Investor compensation limited to shortfalls after realisation of a defaulting member's assets, while preserving recovery rights and excluding brokers, does not confer a prohibited benefit on the Stock Exchange or its members; trust exemption therefore remains available. A notified Investor Protection Fund may retain exemption for eligible contributions, while specifically directed corpus donations are exempt capital receipts; the restriction on simultaneous exemption claims applies prospectively from assessment year 2025-26. An irrevocable trust deed barring reversion of funds and directing residual assets to SEBI on dissolution satisfies irrevocability requirements. Interest on separately held auction proceeds is not taxable where held in a fiduciary capacity without beneficial ownership under the real-income principle.
AI TextQuick Glance (AI)Headnote
Medical relief under government healthcare contracts remains charitable despite receipts and surplus; registration cancellation requires specific notice and hearing.
Healthcare services delivered through mobile medical units under a government tender constitute medical relief and charitable purpose where the objects are exclusively healthcare-focused and bar commercial operations. Contractual receipts, tax withholding and surplus do not negate charitable status absent independent profit-making, profit distribution, departure from charitable objects or impermissible application of income. Documentary support for medical activities and reasonable remuneration to specified persons do not establish non-genuineness merely because of a related-party relationship. Regular registration should not be refused on those grounds. Cancellation of provisional registration requires a separate notice identifying statutory grounds and an effective opportunity to respond; without those safeguards, cancellation is unsustainable.
AI TextQuick Glance (AI)Headnote
Impleadment of Suspended Directors Preserves Forensic Audit Challenges When Resolution Professionals Decline to Continue Writ Proceedings
Order I Rule 10(2) permits impleadment of suspended directors where their rights are affected by a challenged forensic audit report and their presence is necessary for complete adjudication. Corporate insolvency resolution process transfers company management to the resolution professional and suspends directors' powers; where the resolution professional declines to pursue the writ proceedings, the challenge may continue through the added directors. Amendments recording the company's admission to insolvency proceedings and the resolution professional's appointment are formal where they do not change the writ petition's nature. The company may be transposed as a respondent and represented through the resolution professional.
AI TextQuick Glance (AI)Headnote
Explained loan evidence defeats unexplained investment addition, while stamp-duty valuation requires fresh review of property transaction facts.
Documentary proof including the lender's PAN, loan confirmation and bank statement established receipt of a family loan through banking channels; absent identified defects, the unexplained-investment addition was deleted. The stamp-duty-value addition requires fresh examination because the MOU, payment, possession, part performance, property condition, valuation and the alleged purchase of two apartments were not properly assessed. Applicability of the deemed-property-value provision, the statutory definition of transfer and part-performance principles must be independently evaluated after an effective hearing, without mere reliance on the remand report.
AI TextQuick Glance (AI)Headnote
Misreporting penalty requires specific prior notice; an under-reporting charge cannot support the aggravated penal consequence.
Penalty for misreporting under section 270A cannot be imposed where penalty proceedings and the statutory notice identify only under-reporting. Under-reporting attracts penalty at 50% of tax payable, while misreporting attracts 200% and requires one of the specified circumstances under section 270A(9). These are distinct defaults with separate ingredients, defences and consequences for immunity. Where neither the assessment order nor the notice alleges misreporting or identifies a relevant statutory circumstance, a later penalty on that aggravated charge lacks prior notice and is unsustainable. The penalty was deleted.
AI TextQuick Glance (AI)Headnote
Unexplained cash credits require proof of creditor creditworthiness and transaction genuineness beyond confirmations and banking records alone.
Specific investigation information identifying an alleged accommodation-entry loan and establishing a live nexus with escaped income supports reassessment at the stage of recording reasons, where only a prima facie belief is required. Loan confirmations and banking-channel transactions alone do not establish the creditor's identity, creditworthiness and the transaction's genuineness when the creditor does not respond to statutory notices or examination and adverse investigation material remains unrebutted. The primary burden for an unexplained cash credit consequently remains undischarged, and related interest may be disallowed. Current-year and brought-forward business losses require supporting material showing compliance with conditions for determination and carry-forward.
AI TextQuick Glance (AI)Headnote
Pending assessment proceedings determine whether an advance-ruling challenge survives, with reopening permitted if proceedings are subsequently found.
No pending assessment proceedings concerning the respondent left a writ petition challenging an advance ruling without any surviving matter for consideration. The High Court therefore disposed of the petition without adjudicating the challenge on its merits, while preserving liberty to reopen the matter if assessment proceedings concerning the respondent were subsequently found to be pending in fact.
AI TextQuick Glance (AI)Headnote
Limitation for Official Liquidator claims extends through Article 137 and statutory exclusion, preserving claims filed within the available period.
Limitation for an Official Liquidator's claim under Section 446(2) is governed by Article 137. The right to apply accrues on the winding-up order, provided the underlying claim was legally enforceable when winding-up proceedings commenced. Section 458A excludes the period between commencement of winding-up proceedings and the winding-up order, as well as one year immediately following that order. The Liquidator therefore receives the three-year Article 137 period together with the additional one-year exclusion. A claim filed within four years of the winding-up order falls within limitation, defeating a preliminary limitation objection.
AI TextQuick Glance (AI)Headnote
Section 80G eligibility turns on dominant charitable objects, unrestricted beneficiaries, and religious expenditure remaining within the statutory ceiling.
Eligibility for approval under section 80G depends on an institution's dominant objects, beneficiary class and actual activities, not merely on disseminating spiritual or philosophical teachings. Objects promoting indigent relief, medical relief, public libraries, public welfare and moral advancement, available without distinction of class, caste or community, do not establish advancement of a particular religion. Religious expenditure is permissible up to 5% of total income; a clerical Form 10AB entry matching total audited expenditure should not be treated as religious expenditure where the actual Mandir Pooja expenditure remains within that ceiling. Donations therefore qualified for recognition under section 80G.
AI TextQuick Glance (AI)Headnote
Refund of unutilised CENVAT credit remains available for exported software services despite their non-taxable status.
Rule 5 of the CENVAT Credit Rules, 2004 permits refund of accumulated CENVAT credit attributable to exported output services. Eligible exporters of software services remain entitled to refund of unutilised credit even where the exported software service is not taxable. Non-taxability of the exported service does not defeat the refund claim under Rule 5, including in relation to the taxable-service definition and Notification No. 18/2008-ST.
AI TextQuick Glance (AI)Headnote
Vivad se Vishwas settlement bars pending adjudication, while manipulated share transactions cannot support long-term capital-gains exemption.
Issuance of Form 3 under the Vivad se Vishwas Scheme renders the related appellate dispute incapable of adjudication after the taxpayer has filed the prescribed settlement forms. Separately, exemption for long-term capital gains on share sales is unavailable where investigation and SEBI adjudication materials establish manipulation and rigging of the scrip's price, and the taxpayer produces no supporting evidence despite opportunities in appellate proceedings. The settlement position and the failure to substantiate the genuineness of the share transactions independently sustain the tax treatment of the disputed gains.
AI TextQuick Glance (AI)Headnote
Natural justice in ex parte GST adjudication requires a fresh hearing when health grounds prevented a response.
Ex parte GST adjudication may be set aside where the assessee was unable to answer a show-cause notice because of health grounds and the accountant's hospitalisation. Dismissal of the statutory appeal solely as time-barred, without examination on merits, does not displace the need for a fair opportunity where sufficient circumstances explain non-participation. Natural justice required restoration to the adjudicating stage, allowing the assessee to file a reply, produce supporting material and receive a hearing before fresh consideration.
AI TextQuick Glance (AI)Headnote
Export of service classification for marketing and promotional services remained supported by the applicable rules and Board circular.
Marketing and promotional services were treated as export of service under the Export of Service Rules, 2005, because they fell within the applicable service category and Board circular framework. The Revenue's challenge repeated earlier contentions and did not identify grounds to disturb the Tribunal's classification. The precedent invoked by the Revenue was not comparable and did not support contrary treatment of the services.

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2026 (10) TMI 927 - AT - GST

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Statutory appellate limitation prevents condonation beyond the CGST outer limit despite constitutional relief, while restored registrations remain protected.
Section 107 of the CGST Act confines the First Appellate Authority's power to condone delay to the statutory outer limit; extraordinary relief under ... Summary

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Acts Income Tax