Issues: Whether assessments under Section 153A of the Income-tax Act, 1961, completed on 11 April 2022 following a search whose last authorisation was executed on 15 January 2021, were barred by statutory limitation under Section 153B(1) of the Income-tax Act, 1961, and whether the Supreme Court's COVID-19 extension of limitation applied to such original assessment proceedings.

Analysis: The third proviso to Section 153B(1) prescribed a twelve-month period from the end of the financial year in which the last search authorisation was executed. Since the authorisation was executed in financial year 2020-21, the statutory deadline expired on 31 March 2022. The COVID-19 extension of limitation was confined to judicial and quasi-judicial proceedings in the nature of appeals, suits and petitions, and did not extend the statutory deadline for original assessment proceedings.

Conclusion: The assessments completed on 11 April 2022 were time-barred and invalid; the issue was decided in favour of the assessee for all the assessment years concerned.

Issues: Whether cash loan amounts received from finance companies and passed on to borrowers by a vehicle-finance facilitator, without being claimed as expenditure, attract disallowance under section 40A(3) of the Income-tax Act, 1961.

Analysis: Section 40A(3) applies only where the assessee incurs expenditure and makes payment otherwise than through prescribed modes. The loan funds were received for onward disbursement to identified borrowers, while only commission or brokerage was recognised as income. The supporting finance records, payment advices, agreements and confirmations established that the assessee acted as a facilitator and did not incur or claim the disbursed loan amounts as business expenditure. Mere routing of funds through the assessee's bank account did not convert the onward payment into its expenditure.

Conclusion: In favour of the assessee, the onward disbursement of loan funds was not expenditure incurred by it; section 40A(3) was inapplicable and the disallowance was deleted.

Issues: Whether the assessee's advertisement, marketing and promotion expenditure constituted an international transaction requiring an arm's-length-price adjustment.

Analysis: Transfer-pricing adjustment under Chapter X requires the Revenue to first establish an international transaction between associated enterprises. Following earlier decisions in the assessee's own case, AMP expenditure paid to third parties could not, without evidence of an agreement, arrangement, or understanding with the associated enterprise, be treated as an international transaction. The bright line test could not substitute proof of such transaction.

Conclusion: AMP expenditure was not an international transaction in the assessee's case; consequently, no arm's-length-price adjustment was permissible.

Issues: Whether the petitioner should be permitted to avail the statutory appellate remedy despite expiry of the ordinary limitation period.

Outcome: The petitioner was permitted to file the statutory appeal within two weeks, to be entertained on merits without objection as to limitation.

Issues: (i) Whether the impugned circulars validly assigned proper-officer functions to Central Tax officers for action under the Central Goods and Services Tax Act, 2017; (ii) Whether the writ challenge to the demand order should be entertained despite an effective statutory appeal.

Issue (i): Whether the impugned circulars validly assigned proper-officer functions to Central Tax officers for action under the Central Goods and Services Tax Act, 2017.

Analysis: The officers concerned had already been appointed as Central Tax officers under the statutory framework. The distinction from cases concerning assignment of customs functions to persons who were not customs officers was material. Section 2(91) permits assignment of proper-officer functions to Central Tax officers, and the circulars specified the officers' functions and monetary limits under Section 74.

Conclusion: The impugned circulars validly assigned proper-officer functions to the already appointed Central Tax officers; the challenge fails against the assessee.

Issue (ii): Whether the writ challenge to the demand order should be entertained despite an effective statutory appeal.

Analysis: The demand order recorded consideration of the defence material and an opportunity of personal hearing. The remaining objections required reappreciation of factual disputes and documents, which falls within the appellate authority's jurisdiction. The alternative statutory remedy was effective, and no recognised exception warranted writ intervention.

Conclusion: The writ challenge to the demand order is not entertained; statutory appeal is the appropriate recourse.

Final Conclusion: The jurisdictional challenge to the circular-based assignment of proper-officer functions is rejected, while the liability-related controversies are to be resolved through the statutory appellate process.

Issues: Whether an SEZ unit is entitled to claim refund of unutilized input tax credit under the GST refund framework.

Analysis: Section 54 of the Central Goods and Services Tax Act, 2017, read with Rule 89(1) of the Central Goods and Services Tax Rules, 2017, permits a refund application by any eligible entity and does not confine such claims to suppliers making supplies to SEZ units. The supplier-specific reference in the second proviso to Rule 89 and Rule 89(2)(f) identifies one category of claimant but does not exclude an SEZ unit. A restriction absent from the statutory text cannot be introduced through interpretation.

Conclusion: An SEZ unit is eligible to claim refund of unutilized input tax credit.

Issues: Whether pre-transfer income-tax demands, adjustment of refunds against such demands, and fresh or reassessment proceedings could survive after approval of the resolution plan.

Analysis: Section 31(1) of the Insolvency and Bankruptcy Code, 2016 makes an approved resolution plan binding upon governmental authorities, and claims not forming part of the plan stand frozen and extinguished. The overriding effect under Section 238 of the Insolvency and Bankruptcy Code, 2016 prevails over the refund-adjustment power under Section 245(1) of the Income-tax Act, 1961. Statutory income-tax dues not included in the approved plan cannot be pursued as pre-transfer liabilities, and such dues do not obtain priority over secured creditors.

Conclusion: The pre-transfer tax notices, consequential orders, refund adjustments, and proposed fresh or reassessment proceedings were legally unsustainable and were quashed. Refunds adjusted against pre-transfer demands were directed to be repaid with applicable interest, and no proceedings for that period may be initiated.

Issues: Whether GST could be recovered for a period preceding its commencement on 08.07.2017.

Analysis: GST became operative on 08.07.2017. The respondents accepted that it was chargeable only from that date; consequently, a demand for the prior period lacked basis.

Conclusion: GST cannot be charged from the petitioner for any period before 08.07.2017.

Issues: Whether the writ challenge to the GST demand order should be entertained despite an available statutory appeal, on the grounds of alleged breach of natural justice and delayed recourse to the appellate remedy.

Analysis: The record disclosed service of the show-cause notice, filing of replies by the petitioner, and grant of an opportunity of personal hearing before the demand order. The writ petition was instituted nearly one year and six months after the impugned order. The contention that the hearing was scheduled before expiry of the reply period was considered appropriate for examination in the statutory appeal.

Conclusion: Extraordinary writ jurisdiction was not warranted where an effective statutory appellate remedy was available; any application for condonation of delay may be considered by the Appellate Authority in accordance with law.

Issues: (i) Whether the substituted refund formula in Rule 89(5) applies to refund applications filed after 05.07.2022 where the accumulated ITC relates to earlier periods; and (ii) whether a supplementary refund claim for a period for which an earlier NIL claim was filed may be rejected merely because no separate mechanism exists or the GST portal restricts refiling.

Issue (i): Whether the substituted refund formula in Rule 89(5) applies to refund applications filed after 05.07.2022 where the accumulated ITC relates to earlier periods.

Analysis: Notification No. 14/2022-Central Tax substituted the refund formula to permit consideration of input-service ITC. The applicable date for the substituted formula is the date of filing of the refund application, rather than the period in which the ITC accumulated. The substituted provision was treated as curative and clarificatory, and the contrary understanding in Circular No. 181/13/2022-GST could not restrict the statutory refund entitlement.

Conclusion: The amended Rule 89(5) formula applies to the refund applications filed after 05.07.2022 notwithstanding that the ITC accumulated during earlier periods; this issue is decided in favour of the assessee.

Issue (ii): Whether a supplementary refund claim for a period for which an earlier NIL claim was filed may be rejected merely because no separate mechanism exists or the GST portal restricts refiling.

Analysis: Section 54 confers a substantive refund benefit, while the method of filing is procedural. Neither the show-cause notices nor the adjudication orders identified a statutory prohibition against a supplementary claim. A portal limitation or absence of a distinct supplementary-claim category cannot defeat a claim satisfying the substantive refund conditions, which must be assessed on merits.

Conclusion: A supplementary refund claim cannot be rejected solely because an earlier claim for the same period was filed or because of procedural or technological restrictions; this issue is decided in favour of the assessee.

Final Conclusion: The substituted formula and the availability of a supplementary claim preserve the entitlement to differential inverted-duty refunds where the statutory conditions and limitation requirements are met.

Ratio Decidendi: A substituted curative refund formula applies to a claim filed after its notification even where the ITC arose earlier, and absence of a filing mechanism or portal functionality cannot defeat a substantively valid refund claim.

Issues: Whether recovery of the income-tax demand should be stayed pending disposal of the first appeal where the addition was founded on an unreconciled import-data discrepancy and the assessee had not received invoice-wise and bill-of-entry-wise underlying data.

Analysis: The information supplied for reconciliation lacked meaningful transaction-level particulars and showed apparent repetition. Despite repeated requests for the underlying invoice-wise and bill-of-entry-wise data, the assessee was not furnished the material necessary to reconcile the alleged discrepancy, although it supplied complete import particulars recorded in its accounts. The recorded import value also exceeded the aggregate value reflected in the information relied upon for the addition. This disclosed a prima facie breach of the principles of natural justice and a strong prima facie case. In determining stay of recovery, protection of revenue must be balanced against undue hardship and the prima facie merits; an administrative 20% deposit norm cannot curtail judicial discretion.

Conclusion: Recovery of the demand shall remain stayed during the pendency of the first appeal.

Issues: Whether the assessment and consequential penalty notices were issued without an effective opportunity of hearing under the faceless assessment procedure.

Analysis: The record showed that only four working days were available for responding to the show-cause notice; the request for additional time was not communicated as accepted or rejected; and the subsequently uploaded material was not addressed. The Revenue accepted that a fresh assessment should be undertaken after affording an effective hearing.

Outcome: The assessment order and consequential penalty notices were set aside and the matter was remanded for fresh assessment.

Issues: Whether discretionary writ jurisdiction should be exercised against an assessment order when a statutory appeal is already pending.

Analysis: The pendency of the statutory appeal was treated as a ground for declining discretionary jurisdiction. No opinion was expressed on the merits, including the jurisdictional contention.

Outcome: The writ petition was disposed of, with a request to the appellate authority to decide the pending appeal expeditiously.

Issues: Whether the petitioner satisfied the statutory requirements for regular bail under the Prevention of Money Laundering Act, 2002, having regard to the prima facie material, period of custody and claim of parity.

Analysis: The statutory bail threshold under Section 45 required satisfaction, inter alia, that there were reasonable grounds to believe that the petitioner was not guilty. The material disclosed a specific and central role in the alleged investment scheme, including mobilisation of investments, management of connected entities and movement or use of alleged proceeds of crime. The financial and documentary material, statements recorded during investigation and the alleged disparity between represented and available cloud-storage capacity constituted prima facie material that could not be discarded at the bail stage. The evidentiary worth of that material was for trial, particularly when material witnesses remained to be examined. The custody period of about one year and seven months was insufficient, in view of the grave and structured economic-offence allegations and the stage of trial, to justify release. Parity with a woman co-accused was unavailable because her bail was granted in circumstances in which the Section 45 conditions did not apply.

Conclusion: The statutory requirements for regular bail were not satisfied; the prima facie material, pending examination of key witnesses, and the nature of the allegations did not warrant release at this stage.

Issues: (i) Taxability of construction for charitable educational trusts before and after 1 July 2012; (ii) Exemption for construction of an SEZ unit despite non-compliance with notification procedure; (iii) Taxability of construction of a public community hall under the MPLAD Scheme.

Issue (i): Taxability of construction for charitable educational trusts before and after 1 July 2012.

Analysis: For the period before 1 July 2012, construction of school buildings, college buildings and a vocational-training centre for charitable educational institutions was not construction of buildings or civil structures primarily used for commerce or industry. The applicable circular treated non-profit educational construction as non-commercial. From 1 July 2012, the claimed exemption was confined to construction services provided to Government, local authorities or government authorities; construction for charitable societies did not qualify. Registration under Section 12AA of the Income-tax Act, 1961 did not extend the religious-use exemption to the educational buildings.

Conclusion: The demand relating to pre-1 July 2012 educational construction is unsustainable, in favour of the assessee; the demand for post-1 July 2012 construction is sustained, against the assessee.

Issue (ii): Exemption for construction of an SEZ unit despite non-compliance with notification procedure.

Analysis: Construction of the building for the SEZ unit was covered by the statutory SEZ exemption under Section 26 of the Special Economic Zones Act, 2005 read with Rule 30 of the Special Economic Zones Rules, 2006. The overriding effect of the special law meant that procedural non-compliance with Notification No. 17/2011-ST could not defeat the statutory exemption.

Conclusion: Service-tax exemption for SEZ-unit construction is available, in favour of the assessee.

Issue (iii): Taxability of construction of a public community hall under the MPLAD Scheme.

Analysis: The Nirmithi Kendra structure was a community hall constructed for the District Collector under the centrally funded MPLAD Scheme. It created a durable public-purpose asset for unrestricted public use and was not construction in furtherance of business or commercial purposes.

Conclusion: Demand for construction of the Nirmithi Kendra community hall is unsustainable, in favour of the assessee.

Final Conclusion: Tax liability survives only for the post-1 July 2012 educational-trust construction; the pre-1 July 2012 educational works, SEZ construction and community-hall construction remain exempt.

Issues: Whether a merits adjudication must be afforded despite delay where the show-cause notice was uploaded on an additional notices portal and no personal hearing was notified.

Analysis: The show-cause notice was made available on the additional notices portal, creating a genuine possibility that it was overlooked. The personal-hearing column was marked as not applicable, and the original order was passed without considering a response or supporting documents. In these circumstances, rejection solely on limitation would deny an effective opportunity of hearing and offend the principles of natural justice.

Conclusion: The petitioners must be permitted to file their response and supporting documents, and the matter must be adjudicated afresh on merits without limitation being used to reject their contentions.

Issues: Whether a successive writ petition challenging the same adjudication order is maintainable after an earlier writ petition was withdrawn without liberty to file afresh, particularly where the statutory appellate remedy was not timely pursued.

Analysis: The earlier writ petitions and the present petition substantially sought to challenge the same adjudication order. The first petition had been withdrawn without permission to institute a fresh petition. Applying the public-policy principle underlying Order XXIII Rule 1 of the Code of Civil Procedure, 1908, withdrawal without such liberty constitutes abandonment of the remedy under Article 226 of the Constitution of India in respect of that cause of action. A subsequent petition cannot be sustained merely by urging altered grounds for identical relief. The statutory appeal under Section 107 of the Central Goods and Services Tax Act, 2017 and the Odisha Goods and Services Tax Act, 2017 was also available, and the unexplained delay of approximately one year in initially invoking writ jurisdiction weighed against its exercise.

Conclusion: The successive writ petition challenging the same adjudication order was not maintainable.

Issues: Whether coercive steps for recovery of alleged GST liability could be taken during the continuing inspection/search while the writ petition remains pending.

Analysis: The ongoing inspection/search and the dispute concerning pressure to discharge liability warranted interim protection with reference to the applicable investigation guidelines. Normal business activities were directed to remain permissible pending further consideration.

Outcome: Notice issued; no coercive steps for discharge of liability may be taken during the inspection/search until the returnable date.