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Case Laws
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AI Text Quick Glance by AI Headnote
AI TextQuick Glance (AI)Headnote
Committee-approved resolution plans remain binding pending adjudication, while approval scrutiny is limited to statutory compliance and plan terms.
Under the Insolvency and Bankruptcy Code, a resolution plan approved by the Committee of Creditors becomes binding between the Committee and the successful resolution applicant and cannot be withdrawn or altered merely because approval by the Adjudicating Authority remains pending. Withdrawal mechanisms operate before Committee approval, and the Committee's continued existence does not confer a post-approval power to modify the plan. The Adjudicating Authority must assess whether the plan meets mandatory statutory requirements, considering pending applications together and the corporate debtor's current finances; improved profitability alone does not justify rejecting an otherwise compliant plan.
AI TextQuick Glance (AI)Headnote
IBC moratorium permits arbitration on a corporate debtor's counterclaim where pre-insolvency contractual termination lacks CIRP nexus.
IBC moratorium under Section 14(1)(a) does not bar arbitral proceedings initiated by a corporate debtor through a counterclaim, because an unsuccessful counterclaim creates no pecuniary liability and a successful one may augment the estate. A pre-CIRP termination of a development agreement for non-performance does not make the terminated agreement estate property protected by the moratorium. Interim arrangements may therefore be reconsidered in aid of the surviving counterclaim. Section 60(5)(c) grants only limited residuary insolvency jurisdiction; where contractual termination predates and is unrelated to CIRP, the required nexus is absent, Section 63 creates no jurisdictional bar, and arbitral jurisdiction continues. An inaccurate description of a Section 29A extension does not alter that result if the application concerns the counterclaim.
AI TextQuick Glance (AI)Headnote
Job-work fabric processing does not constitute manufacture for textile cess when fabrics are returned to handloom or powerloom suppliers.
For textile cess under Section 5A of the Textiles Committee Act, bleaching, dyeing and other job-work processing of fabrics supplied by handloom or powerloom manufacturers do not constitute manufacture when the processed fabrics are returned to those manufacturers. As the Act does not define manufacture, a specialised definition in another enactment cannot be imported without legislative reference, incorporation, or statutes being in pari materia. In common parlance and within the statutory context, such processing refines existing fabric rather than producing a new textile; the job-worker is therefore not liable to textile cess.
AI TextQuick Glance (AI)Headnote
Equitable full and final debt settlement preserves a running concern while disputed NPA classification and assignment issues remain unresolved.
Equitable balancing to preserve a running concern supports a conclusive full and final settlement of an assignee's debt claims while challenges to NPA classification, debt assignment, and compensation valuation remain unresolved. Payment of a specified additional sum within 12 weeks, beyond amounts already paid, requires release of securities, guarantees, and title deeds and disposes of pending insolvency and debt-recovery proceedings. Default permits revival of those proceedings and withdrawal of the settlement benefits.
AI TextQuick Glance (AI)Headnote
Reassessment sanction validity turns on the competent approving authority and a live evidentiary link to alleged on-money.
Section 151 reassessment approval must be granted by the authority competent under the limitation framework applicable on the relevant date. Once the three-year period has expired, approval by a lower specified authority is jurisdictionally defective, and additional time to respond to a notice cannot cure that defect. The Finance Act 2023 proviso changing the computation for identifying the approving authority operates prospectively and does not retrospectively validate an invalid sanction. Third-party survey material can support reopening only where it establishes a direct, live nexus with the assessee; loose papers and statements lacking identifying details or transactional connection are insufficient.
AI TextQuick Glance (AI)Headnote
Packaged software valuation requires RSP assessment where retail-package declarations are absent, defeating customized-software exemption and supporting extended duty consequences.
Standard electronic-design and simulation software supplied to varied educational users remains packaged rather than customized software where consultations, installation, training, and technical support do not involve client-specific development or alteration. The customized-software exemption is consequently unavailable. RSP/MRP-based assessment applies where software is capable of off-the-shelf sale and lacks the required "not for retail sale" package declaration for institutional or industrial consumer treatment. Contemporaneous distributor and reseller invoices may establish RSP under the valuation rules, with prescribed abatement, where support services are not separately charged. Absence of mandatory declarations and subsequent corrective labelling can support extended limitation, confiscation, and penalties for duty evasion.
AI TextQuick Glance (AI)Headnote
Electronic evidence and corroborated statements can substantiate service-tax liability on unaccounted cash receipts from flat purchasers.
Electronic records recovered from an accounts manager, together with signed printouts and statements confirmed by the manager and director, can constitute corroborative evidence of unaccounted cash receipts from flat purchasers. Facts concerning records maintained exclusively by those persons place the evidentiary burden on them under the rule governing facts within exclusive knowledge. Voluntary statements recorded during investigation remain usable evidence where a retraction is delayed and raised only in response to a show-cause notice. The absence of bank entries or purchaser statements does not by itself negate the evidentiary value of such electronic records and confirmations for service-tax liability.
AI TextQuick Glance (AI)Headnote
Hospital-premises food supply attracts outdoor catering tax despite VAT, while extended limitation requires deliberate tax evasion.
Food supplied under an institutional arrangement from premises provided by a hospital falls within taxable outdoor catering service under the expanded Finance Act, 1994 definition effective from 16 June 2005. VAT payment covers only the goods component and does not remove service-tax liability for the catering service, particularly where statutory abatements already exclude permissible goods value. The medical-establishment exemption for outdoor caterers ceased from 1 March 2006. Extended limitation requires deliberate suppression intended to evade tax; mere non-disclosure is insufficient. Reasonable cause under Section 80 precludes penalties, leaving service tax and interest limited to the normal limitation period.
AI TextQuick Glance (AI)Headnote
GST refund limitation may follow delayed appellate-order upload where necessary to prevent retention without legal authority.
GST refund limitation ordinarily runs from physical communication of an appellate order because a refund claim may be filed on the basis of an order received physically, while FORM GST APL-04 is only its statutory summary. A delayed departmental upload may exceptionally become the relevant date where necessary to implement a final refund direction and avoid retention without legal authority. Interest is payable at 6% per annum from 15 August 2024 until payment, increasing to 9% per annum upon non-compliance beyond the stipulated implementation period.
AI TextQuick Glance (AI)Headnote
CGST audit commencement follows the later statutory event, leaving timely audit-based show-cause proceedings to statutory adjudication.
CGST audit commencement under Section 65(4) is determined by the later of the date records are made available and the date the audit is actually instituted at the registered person's business premises. Where actual institution was the later event, the audit report was completed within the prescribed three-month period and remained valid. Failure to promptly intimate outstanding documents did not itself invalidate the audit. Show-cause notices under Section 74(1) remain subject to the statutory adjudicatory process and are not ordinarily quashed at the writ stage where a response may be filed and an appellate remedy is available under Section 107.
AI TextQuick Glance (AI)Headnote
Real-estate anti-profiteering uses project-specific credit-to-purchase comparisons, requiring commensurate price reductions and including GST on excess collections.
Real-estate anti-profiteering calculations may quantify additional input tax credit by comparing actual pre-GST credit and post-GST ITC with corresponding project purchase values, rather than turnover, where buyer receipts, construction activity and credit accrual do not align. The resulting project-level savings may be allocated across eligible sold area as a per-square-foot benefit and passed to buyers through commensurate price reductions. Pre-GST purchases and credits remain relevant despite a post-GST commencement certificate if certified records establish project nexus. GST collected on excess realisation forms part of the profiteered amount. Penalty exposure applies for conduct within the provision's effective period, subject to timely-deposit exemption.
AI TextQuick Glance (AI)Headnote
Pre-trial liberty prevails where investigation is complete and no concrete risk to the trial process is established.
Pre-trial bail in alleged fraudulent input tax credit matters engages Article 21, the presumption of innocence and the right to speedy trial. Detention before conviction is not punitive; bail remains the norm unless the prosecution establishes concrete risks of absconding, witness intimidation or evidence tampering, or other exceptional circumstances. Completion of investigation, filing of the complaint, absence of criminal antecedents, delayed charge-framing and a Magistrate-triable offence favour release where trial is unlikely to conclude within a reasonable time. Continued custody is unwarranted in those circumstances.
AI TextQuick Glance (AI)Headnote
Provisional input tax credit reversal does not become self-assessed GST liability merely through GSTR-3B disclosure or pending investigation.
Provisional reversal of input tax credit reported in Table 4(B)(2) of GSTR-3B does not, without a quantified statutory demand or unequivocal admission, establish self-assessed GST liability. A pending investigation into an alleged stock shortage is not a determination of tax payable and cannot alone justify retaining the reversed amount as tax. A later demand order under separate challenge cannot retrospectively validate the original grounds for rejecting refund or characterise the earlier reversal as payment towards that demand. Refund remains subject to satisfaction of the applicable statutory requirements.
AI TextQuick Glance (AI)Headnote
Timely first-appeal disposal requires priority treatment when prolonged tax appeal pendency creates genuine hardship for taxpayers.
Section 250(6A) contemplates, where possible, hearing and deciding income-tax appeals within one year from the end of the relevant financial year. The qualification "where it is possible" does not permit indefinite postponement. Prolonged pendency, including a first appeal pending for over six years, constitutes genuine hardship warranting priority disposal. Such an appeal should be decided within three months of receipt of the order.
AI TextQuick Glance (AI)Headnote
Transferable DFIA exemptions cannot be curtailed by public-notice-only CIF caps or actual user restrictions, preserving qualifying walnut imports.
Transferable DFIA entitlement permits duty-free import of Inshell Walnuts where they fall within generic SION input descriptions and the authorisation endorses the applicable description, quantity and value. Specific input and quantity must be declared in export documents; technical correlation is required only for sensitive inputs. Eligibility remains subject to DFIA validity and express notification conditions. Substantive restrictions on that entitlement, including percentage-based CIF value caps and an Actual User Condition, require imposition through the prescribed Official Gazette notification mechanism. Restrictions introduced solely by public notice cannot independently deny exemption under a valid transferable DFIA.
AI TextQuick Glance (AI)Headnote
Input tax credit comparison showed no GST benefit requiring a commensurate price reduction under anti-profiteering rules.
Comparison of pre-GST and post-GST input tax credit-to-purchase-value ratios for the relevant project showed a reduction from 6.55% to 5.77%. Recalculation using actual procurement savings established that GST implementation did not confer any additional input tax credit benefit. As no benefit accrued that required a commensurate reduction in prices, the anti-profiteering obligation under Section 171 of the Central Goods and Services Tax Act, 2017 was not contravened. The investigation findings and computations were accepted by both the Respondent and the Applicant.
AI TextQuick Glance (AI)Headnote
Input tax credit adjudication requires specific allegations, reasoned findings, and merits-based appellate review before denial is sustained.
Input tax credit denial requires specific disclosed grounds, a meaningful opportunity to respond, transaction-specific examination, and reasoned findings. A supplier's retrospective registration cancellation alone cannot support disallowance without independent verification and consideration of evidence concerning receipt of supplies and statutory conditions. The claimant's burden to establish credit eligibility must be assessed through a fair adjudicatory process. Statutory appellate review requires inquiry into the material and grounds on record, followed by a written merits-based decision with reasons; non-attendance does not justify dismissal for non-prosecution alone. Foundational defects in notices and original orders require fresh de novo adjudication, while substantive credit eligibility remains open.
AI TextQuick Glance (AI)Headnote
Pre-decisional refund hearing is mandatory; appellate review cannot cure a defective partial rejection of the claim.
Rule 92(3) requires notice in FORM GST RFD-08 and a pre-decisional hearing before any part of a GST refund claim may be rejected. This requirement gives effect to audi alteram partem and principles of natural justice by requiring disclosure of precise grounds so the claimant can provide a meaningful response and supporting evidence. An appellate-stage hearing cannot cure the absence of the prescribed pre-decisional opportunity. Partial refund rejections made without this process, and appellate confirmations, are invalid and require fresh processing; the merits of the alleged input tax credit mismatch remain open.
AI TextQuick Glance (AI)Headnote
Assessment centralisation after a search may support coordinated investigation where material links the assessee with the searched group.
Assessment transfer and centralisation under Section 127 may be justified where a search yields material linking an assessee to the searched group and related entities. Centralisation facilitates coordinated investigation and assessment of matters arising from the same search. A transfer order does not finally determine tax liability, and the assessee may contest the assessment on merits after relevant material is supplied. On those grounds, transfer to a Central Circle is treated as valid and non-arbitrary.
AI TextQuick Glance (AI)Headnote
Reassessment notices require timely foundational information, while proportionate rights shares do not trigger inadequate-consideration taxation on unchanged ownership.
Section 148A(1) requires a reassessment show-cause notice to provide the information suggesting income escapement, including the relevant transaction, valuation or computation basis, and statutory basis, so that the taxpayer has an effective opportunity to respond. Supplying that foundational information after expiry of the limitation period under Section 149(2)(b) cannot retrospectively cure an invalid notice, and a consequential Section 148 notice cannot validate the defective initiation. Section 56(2)(x) does not apply merely because proportionately allotted fresh rights shares are subscribed below computed market value where the shareholder's percentage holding remains unchanged; such allotment does not establish receipt of property from another person for inadequate consideration.

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1992 (8) TMI 14 - HC - Wealth-tax

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Court rules firm as industrial undertaking for wealth tax valuation; dismisses reference applications.
The court held that Rule 2B(2) of the Wealth-tax Rules, 1957 was inapplicable for valuing the closing stock of the firm. The court determined that the ... Summary

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Acts Income Tax