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Limitation in insolvency appeals: certified-copy exclusions cannot extend filing beyond the statutory ceiling for condonation.
Section 62 of the Insolvency and Bankruptcy Code imposes a 45-day appeal period and permits condonation for no more than 15 additional days; its self-contained limitation regime prevails over Companies Act appellate provisions. "Date of receipt" does not allow a litigant to postpone limitation by delaying an application for, or collection of, a certified copy. Pronouncement in open court constitutes pronouncement of the order, and Section 12(2) of the Limitation Act excludes only the period from applying for the copy until it becomes available, not preceding inaction. Because the appeal exceeded the absolute 60-day ceiling even after permissible exclusion, it was time-barred and delay could not be condoned.
AI TextQuick Glance (AI)Headnote
Late-filed homebuyer claims require recorded corporate liability and sufficient cause for delay in time-bound insolvency resolution.
Late-filed homebuyer claims in a corporate insolvency resolution process need not be collated or incorporated into the information memorandum or resolution plan where no corresponding liability appears in the corporate debtor's records. Regulation 12 operates within a time-bound process; transfers through a holding company and settlements not binding on the corporate debtor do not establish a recorded liability. Admission of delayed claims requires genuine and sufficient cause. Prior legal assistance, creditor-committee participation, and a claimed misunderstanding about separate filings did not justify a prolonged delay after creditors approved the resolution plan. Such claims remain outside the insolvency resolution process.
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Prolonged pre-trial detention cannot continue where investigation is complete and trial completion remains unforeseeable despite statutory bail restrictions.
Section 19(2) of the Prevention of Money Laundering Act requires immediate forwarding of the arrest order and supporting material, but imposes no fixed time limit. Expeditious, substantially contemporaneous compliance may accommodate time needed to compile voluminous records and complete administrative requirements; a five-day delay therefore did not invalidate the arrest or custody. The bail restrictions under Section 45 cannot displace Article 21 protection of personal liberty where investigation is complete, pre-trial custody is prolonged, and trial completion is not reasonably foreseeable. Continued detention in those circumstances becomes punitive, warranting bail despite the twin conditions.
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Partner-owned trade mark royalties lack a separate taxable service relationship, placing mutual partnership use outside service tax.
Royalty paid by a partnership firm to partner co-owners for use of a jointly owned trade mark falls outside taxable intellectual-property services where the mark is deployed for the partnership's common business. A partner's contribution or use of jointly owned property for mutual partnership benefit does not establish separate service provider and recipient roles, consideration for a distinct service, or the required quid pro quo; it is service to self. Extended limitation is unavailable where royalty payments were disclosed in accounts and records and returns remained available, with no suppression or intent to evade. Availability of CENVAT credit to the firm further supported the bona fide belief that no taxable service relationship existed.
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Alternative statutory remedy in GST disputes channels fake-invoice input tax credit challenges to appellate fact-finding.
GST writ challenges to orders alleging input tax credit availment on fake or bogus invoices should ordinarily be pursued through the statutory appellate remedy where disputed questions of fact require adjudication. The appellate authority may consider an application to condone delay in filing the statutory appeal liberally, enabling consideration of the appeal on its merits.
AI TextQuick Glance (AI)Headnote
Input tax credit limitation under Section 16(4) cannot survive where covered by an earlier common decision.
Input tax credit limitation under Section 16(4) of the CGST Act could not survive because the issue was covered by an earlier common decision that had quashed the corresponding departmental determination. The Section 16(4) determination was therefore quashed. For the remaining assessment issues, uploading the show-cause notice and subsequent communications only on the common portal did not provide effective service where no response was received and statutory alternative modes were available. The remaining determinations were set aside for fresh adjudication after allowing objections and a personal hearing.
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Differential GST payment for civil construction works must be released where liability is admitted by the concerned authority.
Payment of the admitted differential 6% GST for civil construction works was due where the concerned authority accepted its liability and confirmed that payment would be made. The petitioner was entitled to receive the differential GST amount within three weeks, reflecting the admitted obligation to pay the tax component arising from the executed works.
AI TextQuick Glance (AI)Headnote
Expired e-way bills trigger GST transit penalties without proving tax-evasion intent, even where goods move as interstate stock transfers.
Penalty under Section 129(1)(a) of the CGST Act applies to transportation in contravention of statutory transit-document requirements without requiring proof of intent to evade tax. E-way bills must remain valid throughout movement, and Rule 138(10) permits extension within eight hours of expiry. A six-day lapse, unsupported vehicle-breakdown evidence, and failure to seek extension or amendment constitute a contravention even for interstate stock transfers supported by invoices. Procedural deficiencies do not invalidate proceedings where no prejudice results from notice, hearing, or form-related lapses. Circular No. 64/38/2018-GST covers specified minor discrepancies only where a valid e-way bill accompanies the goods, not where it has expired.
AI TextQuick Glance (AI)Headnote
Inverted duty structure refunds require statutory rate mismatch, not merely unutilised Compensation Cess credit on domestic supplies.
Refund of accumulated Compensation Cess input tax credit under the inverted duty structure requires satisfaction of the substantive conditions in section 54(3) of the CGST Act: accumulation must result from a higher tax rate on inputs than on output supplies, subject to exclusions for nil-rated or fully exempt supplies. Compensation Cess paid on coal, coupled with no cess on domestic leather-product supplies, does not independently satisfy that test. Input tax credit availability, restricted utilisation under the Compensation Cess Act, and refund entitlement are distinct. Rule 89(5) applies only after statutory eligibility is established; circulars on zero-rated supplies do not support refunds for these domestic supplies.
AI TextQuick Glance (AI)Headnote
Detention penalties require proven transit breaches, fair adjudication, and continued challenge rights despite release payments.
Detention penalties require an established transport contravention and reasoned consideration of the taxpayer's explanation. Service of FORM GST MOV-07 may be sustained where contemporaneous records and the recipient's response show that the notice was acted upon; however, unresolved notice records, inadequate hearing, or unreasoned findings prevent affirmation of liability. A confined fresh adjudication by the original authority may be necessary where primary evidence concerning vehicle movement and e-way bill compliance remains unresolved. Independent intent to evade need not be proved, but penalty is not automatic. Payment for release does not waive the statutory challenge and must be adjusted or refunded following fresh determination.
AI TextQuick Glance (AI)Headnote
Inter-State Transit Claims Fail Without Contemporaneous Proof of Genuine Documents, Parties, and Destination for Undeclared Goods
Inter-State transit claims concerning undeclared goods require reliable contemporaneous proof that invoices and transport documents cover the consignment, identify genuine transacting parties, and establish the stated out-of-State destination. Invoices and bilties produced after physical verification, without corroboration and containing discrepancies, do not establish genuine transport. A transit-state precedent is inapplicable where its essential facts-documented transactions, identifiable registered parties, acknowledged dealings, and a proven external destination-are absent. Failure to substantiate those matters supports penalty action for undeclared goods.
AI TextQuick Glance (AI)Headnote
E-Way Bill Accuracy: Destination changes in transit require valid documents; expired, inaccurate records may trigger transport penalties.
Section 129(1) applies to goods transported or stored in contravention of GST requirements without requiring independent proof of intention to evade tax, although explanations for discrepancies remain relevant. An onward supply during transit is permissible under the IGST place-of-supply rule, but does not remove the obligation to maintain e-way bills and other movement records accurately reflecting the physical journey. A live e-way bill for the original destination does not cover a diverted route, while an expired e-way bill showing a dispatch point never reached is materially inaccurate. Combined origin, destination and validity defects constitute substantive contraventions. Payment through DRC-03 for release does not bar appeal, but may be appropriated against the applicable penalty.

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2011 (3) TMI 386 - HC - Income Tax

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Petitioner's Interest Waiver Denied by High Court - Section 264 Challenge
The High Court upheld the decision of the Commissioner of Income Tax, denying waiver of interest to the petitioner despite a voluntary surrender of ... Summary

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Acts Income Tax