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Case Laws
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Mandatory type-testing charges form part of excisable transaction value, while penalty relief remains limited in scope.
Mandatory type-testing charges separately recovered from buyers of ACSR conductors form part of transaction value where testing is required under prescribed standards, is indispensable to sale, and the goods cannot be sold without the test certificate or report. Central excise duty and consequential interest therefore apply to those charges. Potential Cenvat credit for the buyer does not establish revenue neutrality, because duty liability and credit entitlement arise under separate provisions and credit remains conditional. Although prior notices showed awareness of the valuation issue, the penalty for non-inclusion was reduced; the valuation demand remained unaffected.
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Substantial Question of Law Limits Challenges to Factual Findings Supporting Infrastructure Developer Deductions on Tax Appeal
Section 260-A confines appellate review to substantial questions of law and precludes reappreciation of evidence or replacement of concurrent factual findings. An assessee's status as a developer of an infrastructure facility for deduction under Section 80-IA(4), when supported by record material, cannot be reopened unless perversity, absence of evidence, or an erroneous legal test is shown. The deduction therefore remained undisturbed. Reliance on an earlier confirmed determination involving the same assessee, subject matter, and identical findings creates no appellate infirmity or substantial question of law. Concurrent factual findings accordingly continued to govern deduction eligibility.
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Private-conveyance re-import exemption protects Indian vehicles from commercial export-clearance demands and permits manual Bill of Entry filing where portals fail.
Private Indian-registered vehicles carrying only passenger luggage fall within the private-conveyance regime under Section 43(1), which does not require commercial cargo reporting or a Section 51 export-clearance order. Placement of such a vehicle in a maritime container for safe transit does not convert it into commercial export cargo. Accordingly, re-import duty exemption cannot be refused merely because no Section 51 clearance was obtained on departure. Where electronic Bill of Entry filing requires an IEC or GSTIN that a personal vehicle owner cannot possess, the statutory alternative permitting filing in another manner applies. Customs must accept manual filing and release the vehicle on the required bond.
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Ex Parte Assessment Remand Requires Taxpayer Deposit and Response Before Fresh Determination of IGST and Cess Liability
Ex parte assessment for tax period 2019-20 was restored for fresh determination because it had been confirmed without a response to the show-cause notice. Fresh adjudication is conditional on the taxpayer depositing 50% of the outstanding IGST and cess and filing a reply to the notice. The specified tax payments already claimed formed part of the taxpayer's submission supporting reconsideration.
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Mandatory personal hearing before adverse GST orders applies even without a hearing request or show-cause notice reply.
Personal hearing under Section 75(4) of the Central Goods and Services Tax Act, 2017 is mandatory before an adverse order is passed. The provision establishes two independent grounds for a hearing: where the person chargeable with tax or penalty requests one, or where the proper officer proposes an adverse decision. The officer's obligation to provide an effective hearing in the latter circumstance applies irrespective of whether the taxable person requested a hearing or filed a reply to the show-cause notice.
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Personal hearing and adequate response time are mandatory safeguards; their denial invalidates faceless assessment, demand, and penalty action.
Faceless assessment procedures require a personal hearing when specifically requested under section 144B(6)(viii) of the Income-tax Act. The applicable SOP also requires at least seven days to answer a final show-cause notice, unless a limitation-driven curtailment is justified. Denial of the requested hearing and unexplained curtailment of the response period breach natural justice and permit judicial review under Article 226. The assessment order, demand notice, penalty show-cause notice, and consequential penalty order were set aside as invalid.
AI TextQuick Glance (AI)Headnote
Interim protection against refund recovery preserves a fixed deposit while a writ challenge awaits further hearing.
Interim protection against recovery of a refund credited to the petitioner's bank account was granted pending writ adjudication. The Department had sought direct recovery from the bank based on the Assessing Officer's satisfaction. To balance equities, the existing fixed deposit was required to remain intact pending further orders. Amendment of the writ petition was permitted, and the matter was listed for further hearing.
AI TextQuick Glance (AI)Headnote
Proper-officer competence bars jurisdictional challenge, while evidence-based customs notice disputes must proceed through statutory adjudication.
Proper-officer competence under sections 2(34), 28 and 124 of the Customs Act extends to the Assistant Commissioner of Customs, SIIB, for issuing a show-cause notice. Article 226 relief is ordinarily unavailable where statutory adjudication provides an effective remedy, unless a recognised exception applies. Challenges concerning an accepted CBI closure report, exports, valuation, DEPB credit and related transactions require factual findings and evidence before the adjudicating authority. Where the jurisdictional challenge fails and factual controversies remain unresolved, the statutory adjudicatory process must be followed.
AI TextQuick Glance (AI)Headnote
Show-cause notice limits GST tax, interest and penalty demands; amounts beyond the notice are unsustainable.
Section 75(7) of the Goods and Services Tax Act, 2017 confines a determination order for tax, interest and penalty to the amounts specified in the show-cause notice and bars confirmation on grounds not stated in that notice. Where the notice specifies a lower aggregate liability, a subsequent determination imposing a higher demand breaches that statutory restriction. The excess demand cannot be sustained.
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Bank securities valuation permits revaluation losses, while non-rural bad debts remain deductible independently of rural-advance provisions.
Government securities held by banks, including securities retained to maturity, constitute stock-in-trade. Such securities must be valued at cost or market value, whichever is lower, so any diminution on revaluation is allowable. Actual bad-debt write-offs concerning non-rural advances are separately deductible and need not be reduced by a provision for bad and doubtful debts relating to rural advances. The restriction on write-off deductions prevents double deduction only for rural advances, preserving full deductions for non-rural bad debts.
AI TextQuick Glance (AI)Headnote
Pending insolvency proceedings left tax appeal questions unanswered while the Department pursued its protected claim in settlement proceedings.
Pending Supreme Court proceedings concerning a settlement plan required the Department to establish its tax claim within those proceedings. The claim had not been extinguished, compromised, or adjudicated through the settlement process, while asset attachment and deposit of sale proceeds protected the Department's interests. Consequently, the admitted substantial questions in the tax appeals remained unanswered, and the appeals were disposed of with liberty to seek revival if necessary.
AI TextQuick Glance (AI)Headnote
PAN-mapped share transaction errors invalidate reassessment when authorities initiate action without verifying the taxpayer's particulars.
Reassessment proceedings founded solely on alleged share-sale information cannot be sustained where the information was incorrectly mapped to the taxpayer's PAN and actually concerned another person. A notice and order initiated without verifying the taxpayer's particulars, particularly merely to meet a limitation deadline, lack a valid factual basis. Reliance on admittedly incorrect third-party information constitutes a colourable exercise of power, rendering the reassessment action legally unsustainable.
AI TextQuick Glance (AI)Headnote
Statutory service requirements determine appeal limitation, while a filing deadline falling Sunday extends to the next working day.
Service of Customs appellate orders through registered post or speed post with acknowledgement due is required for limitation to commence. A Document Identification Number authenticates an order but does not establish its electronic upload or valid service. Where prescribed service was not proved, limitation for second appeals ran from actual receipt, making the appeals timely. Where the final day for filing first appeals fell on a Sunday, the Limitation Act permitted filing on the next working day, so the first appeals remained maintainable. The demands require determination on merits at the first appellate stage.
AI TextQuick Glance (AI)Headnote
Agricultural land recorded and used for farming is excluded from wealth-tax assets under the retrospective amended definition.
Agricultural land classified as such in revenue records and actually used for agricultural purposes falls outside taxable wealth-tax assets under Explanation 1(b) to Section 2(ea) of the Wealth-tax Act, 1957. The Finance Act, 2013 inserted this exclusion retrospectively from 1 April 1993. Where both revenue classification and actual agricultural use are satisfied, the fact that construction may not have been legally prohibited does not determine asset status under the amended definition.
AI TextQuick Glance (AI)Headnote
Reassessment approval beyond the prescribed period must come from the competent senior authority, or the proceedings fail.
Reassessment for Assessment Year 2017-18 initiated more than three years after the end of the relevant year required approval under section 151(ii) from the Principal Chief Commissioner, Principal Director General, Chief Commissioner, or Director General, as applicable. Approval by the Principal Commissioner was not granted by the specified authority for that elapsed period. The resulting order under section 148A(d), notice under section 148, and consequential reassessment proceedings were therefore invalid and liable to be quashed.
AI TextQuick Glance (AI)Headnote
Show-Cause Notice Limits Prevent Tax and Penalty Confirmation Beyond Proposed Demands, Requiring Fresh Adjudication After Jurisdictional Breach
Section 75(7) of the UP GST and CGST Acts prohibits an adjudicating authority from confirming tax or penalty beyond the amount proposed in the show-cause notice. Confirmation of a penalty exceeding the notice amount is a jurisdictional defect, rendering the adjudication order invalid. The order was set aside and remitted for fresh adjudication after the assessee is given an opportunity of hearing.

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2005 (5) TMI 29 - HC - Income Tax

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Dividend income can offset business losses; court rejects Revenue's appeal
The court upheld the decision allowing unabsorbed brought forward losses to be set-off against dividend income considered as business income. It also ... Summary

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Acts Income Tax