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Case Laws
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AI Text Quick Glance by AI Headnote
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Alternative statutory remedy in GST adjudication remained central to a writ-jurisdiction challenge alleging breach of natural justice.
GST adjudication challenges through writ jurisdiction involve the availability of an alternative statutory appellate remedy, exceptional circumstances permitting judicial intervention, and alleged breach of principles of natural justice. The Supreme Court dismissed the special leave petition challenging the High Court judgment, finding no grounds to interfere and leaving that judgment undisturbed.
AI TextQuick Glance (AI)Headnote
Writ jurisdiction despite CGST appellate remedy remained undisturbed after Supreme Court declined interference with High Court rulings.
Writ petitions challenging Orders-in-Original under the CGST Act raise the issue whether the statutory appellate remedy bars recourse to writ jurisdiction. The Supreme Court dismissed the Special Leave Petitions and declined to interfere with the High Court judgments and orders. The reported position leaves those rulings on the availability of writ jurisdiction, despite an alternative statutory remedy, undisturbed.
AI TextQuick Glance (AI)Headnote
Input tax credit fraud allegations: regular bail assessment considers charge-sheet filing, custody period, antecedents, and compoundable non-bailable GST offences.
Regular bail pending trial for alleged fraudulent availment and utilisation of input tax credit involves consideration of charge-sheet filing, the period of custody, and the applicant's criminal antecedents. Offences involving fraudulent input tax credit under Sections 132(1)(b) and 132(1)(c) of the CGST Act are non-bailable but compoundable. Bail consideration proceeded without expressing any view on the merits of the prosecution allegations.
AI TextQuick Glance (AI)Headnote
Resolution-plan implementation delays caused by withheld possession may justify time exclusion without changing approved plan terms.
Time exclusion for a successful resolution applicant's financial performance is consistent with implementing, rather than modifying, an approved resolution plan where possession was not delivered despite full upfront payment. Delay attributable to continued unauthorised occupation may therefore be excluded and the balance-payment period extended, provided the plan's substantive terms remain unchanged. Recall standing is unavailable to a shareholder and personal guarantor who was neither creditor nor party or permitted intervenor in the implementation proceedings, absent legal injury from the extension. The suspended management's procedural interests remain subordinate to the insolvency process after creditor commercial wisdom has been exercised.
AI TextQuick Glance (AI)Headnote
Lease termination compensation excluded from taxable rent when unreceived and unrelated to continued occupation, while corroborated lease rent remains taxable.
Service-tax treatment of lease termination payments depends on their character and receipt. A compensatory sum stipulated for premature vacation, not received under a compromise and not representing rent for continued occupation, is excluded from taxable renting consideration. Lease-rent liability for a period after vacation requires exclusion of unsupported rent, availability of the small-service-provider exemption, and adjustment for tax previously paid. Where competing lease agreements state different rents, a rent figure corroborated by the tenant's confirmation supports tax computation, while a later lower-rent agreement may be less credible. The discussion distinguishes unreceived breach compensation from taxable actual lease rent.
AI TextQuick Glance (AI)Headnote
Physical Form at Sale Governs Fiscal Classification, Leaving Powder and Biscuit Drink Preparations Under Residuary Treatment
Fiscal classification depends on the form in which goods are sold at the taxable event, rather than on a consumer's later use. Strict construction precludes importing an end-use criterion where a statutory entry classifies goods by physical form. Where a beverage entry groups beverages with syrups, cordials, distilled juices, ark and essences, ejusdem generis confines the entry to comparable liquid preparations. The word "including" does not extend that entry to materially different forms without an express deeming provision. GRD Powder and GRD Mix, sold respectively as powder and biscuit, therefore fall under the residuary classification despite possible later preparation as drinks.
AI TextQuick Glance (AI)Headnote
Independently acknowledged cheque liability survives separate acquittal where statutory presumptions remain unrebutted and valid demand notice requirements are met.
Cheque-dishonour liability may be supported by a written and notarised acknowledgement of an independently enforceable monetary debt; acquittal in a separate criminal prosecution does not, by itself, negate that liability. Proof of drawing, presentation and dishonour gives rise to statutory presumptions of consideration and liability, rebuttable on a preponderance of probabilities through a probable defence rather than an unsupported claim. Registered-post dispatch to the drawer's admitted address supports presumed service of the demand notice, while receipt of summons provides an opportunity to pay within fifteen days. Revisional review remains limited to perversity, evidentiary absence, gross illegality, or procedural miscarriage in concurrent findings.
AI TextQuick Glance (AI)Headnote
Section 74 limitation follows substantive notices and orders, while factual GST demand disputes belong in statutory appeal.
Limitation for GST proceedings under Section 74 is determined by the dates of the substantive show cause notice and adjudication order. Form GST DRC-01 is an electronic summary accompanying the notice, and Form GST DRC-07 is an electronic summary of the order; later dates on those forms do not replace the dates of the substantive instruments or make them time-barred. Challenges concerning fraud, suppression, input tax credit, computation, penalty and evidentiary sufficiency require factual examination and should ordinarily be pursued through the statutory appellate remedy rather than writ jurisdiction, absent denial of hearing or a patent jurisdictional defect.
AI TextQuick Glance (AI)Headnote
Clandestine manufacture allegations fail without certified electronic records, corroboration, capacity proof, and procedurally tested statements.
Clandestine-manufacture and under-invoicing allegations require legally admissible evidence and independent corroboration. Electronic records must satisfy the certification and production safeguards under Section 36B, while private or third-party records require a verified link to the assessee. Electricity consumption or alleged theft cannot establish unaccounted production without plant-specific scientific norms and evidence connecting consumption to quantified manufacture and clearance. Alleged production must also be physically achievable within installed plant capacity. Statements cannot prove their contents unless the mandatory procedure under Section 9D is followed. Without these evidentiary foundations, excise liability, interest, and penalty lack a sustainable basis.
AI TextQuick Glance (AI)Headnote
Arm's-length pricing for proven intra-group services requires prescribed benchmarking, preventing nil valuation and related transfer-pricing adjustments.
Arm's-length pricing of proven intra-group GHO and RHO services requires an applicable prescribed benchmarking method; a nil valuation without the Rule 10AB analysis cannot support a transfer-pricing adjustment. Assessed income must reflect a subsequent rectification of the original processing intimation where the rectification recomputes total income. Employee ESI contributions paid by the stipulated due date remain allowable despite an inadvertent contrary entry in the tax-audit report. Where book depreciation has been added back and tax depreciation claimed, the computation requires verification before consequential adjustment, preventing duplication of depreciation disallowance.
AI TextQuick Glance (AI)Headnote
Transfer pricing comparability requires capacity and customs-duty adjustments, while dissimilar single ECB benchmarks require fresh arm's-length analysis.
Rule 10B(3) permits an uncontrolled transaction to serve as a comparable only where material differences do not affect profit or can be neutralised through reasonably accurate adjustments. Capacity underutilisation, resulting depreciation differences, and customs-duty burdens require examination against audited data, together with functional comparability, in manufacturing-segment benchmarking; the adjustment requires fresh arm's-length determination. ECB interest remains subject to section 92C benchmarking despite RBI all-in-cost compliance. A single transaction with materially different credit profile, scale and risk attributes is not a reliable benchmark, requiring fresh comparability analysis after an opportunity to substantiate claims.
AI TextQuick Glance (AI)Headnote
Natural justice in GST adjudication requires effective notice, invalidating ex parte orders uploaded without separate portal intimation.
Section 73 adjudication requires observance of natural justice through adequate notice and a meaningful opportunity to respond. Uploading a show-cause notice and adjudication order only under the GST portal's "Additional Notice and Orders" tab, without separate intimation, breaches those requirements where the taxpayer cannot submit a reply. The ex parte adjudication was quashed, with fresh reasoned adjudication directed after allowing a reply and affording a hearing.
AI TextQuick Glance (AI)Headnote
Creditworthiness for unsecured loans requires credible source evidence; confirmations and cheque payments alone cannot support cash-credit claims.
Section 68 requires an assessee claiming unsecured loans to establish the creditor's identity, financial capacity and the genuineness of the transaction through cogent evidence. Confirmations and payment by cheque alone do not establish creditworthiness where creditors deny advancing the loans or cannot satisfactorily explain their funding sources and preceding cash deposits. Failure to discharge this initial burden supports an addition for unexplained cash credits, and a concurrent factual finding that creditors lacked creditworthiness is not perverse on those circumstances.
AI TextQuick Glance (AI)Headnote
Going-concern business transfers are treated as GST services, while non-qualifying business assets face deemed goods taxation.
Transfer of an entire business undertaking between distinct registered persons, even without consideration, falls within the scope of supply under GST. When the undertaking is transferred as a whole, it is characterised as a supply of services because it is neither goods, money nor securities. Nil-rate treatment for transfer of a going concern, whether as a whole or as an independent part, applies only where the business demonstrably qualifies as a going concern. If that condition is not met, stock, fixed assets and other business assets are deemed supplies of goods immediately before cessation of taxable person status and are taxable at the applicable rates.
AI TextQuick Glance (AI)Headnote
Complete e-rickshaw kit classification permits finished electric-vehicle treatment only when all essential components and records align.
Complete e-rickshaw kits supplied in completely knocked-down condition may be classified as finished electrically operated three-wheeled vehicles under tariff item 87038040 by applying Rule 2(a) where they retain the essential character of the completed article. Classification requires a single identifiable kit containing all components, assembly without an additional essential component, consistent CKD/SKD descriptions across commercial records, and a consignment matching those records. When these cumulative conditions are met, the composite kit attracts 5% GST as an electrically operated vehicle; otherwise, it is classified as individual parts at their applicable rates.
AI TextQuick Glance (AI)Headnote
Composite supply exemption for PDS grain milling depends on goods remaining within the prescribed value threshold.
Composite supply of milling, micronutrient fortification and packaging of Government-supplied food grains for Public Distribution System delivery is eligible for GST exemption where the services are naturally bundled and the goods component does not exceed 25% of total supply value. Milling is the principal supply, while fortification and packaging are ancillary. Public Distribution System distribution constitutes a function entrusted to a Panchayat. The goods-value condition must be assessed on the facts and agreed consideration, including non-cash consideration. If the goods component exceeds 25%, the exemption does not apply and GST is chargeable at 5% on total consideration.
AI TextQuick Glance (AI)Headnote
Educational-service exemption applies to university diploma and certificate programmes lasting one year or more, not short-duration courses.
Educational-service exemption under Entry No. 66(a) covers fees charged by an educational institution to its students for diploma and certificate programmes that form part of a curriculum leading to a qualification recognised by law. Statutory power to institute, regulate and prescribe approved courses, curricula and syllabi supports recognition of qualifications awarded through those programmes. The exemption applies to diploma and certificate programmes of one year or more; short-duration programmes or participation certificates remain outside its scope.
AI TextQuick Glance (AI)Headnote
Combined reassessment proceedings remain valid where unproduced books and disproportionate expenses justify industry-standard income estimation.
Assessments under the combined scope of Sections 143 and 147 need not follow the best-judgment procedure merely because books of account are unavailable. Where the taxpayer fails to produce books and supporting records despite opportunity, and reported expenditure changes are grossly disproportionate to turnover growth, taxable income may be determined using industry-standard income and profit parameters. Non-rejection of returns or profit-and-loss accounts does not, by itself, invalidate that assessment approach.
AI TextQuick Glance (AI)Headnote
Evidence-based tax additions fail where verified loans, recorded cash, genuine purchases, and exempt buyback receipts remain unrebutted.
Unexplained-cash-credit additions fail when lenders' identity, capacity, banking evidence and repayments are proved and remain unrebutted. Ad hoc expenditure disallowance lacks basis where supported payments are accepted and the books have not been rejected. Third-party search material must be assessed through the prescribed special-search mechanism, with statutory satisfaction, transfer of material and effective cross-examination; reassessment cannot bypass that route. Genuine purchases supported by delivery and banking evidence cannot attract purchase or commission additions. Deemed consideration cannot apply to a shareholder's statutorily exempt qualifying buyback receipt. Recorded seized cash is not unexplained money, and cash-loan penalties require proof that the taxpayer actually accepted a prohibited loan.
AI TextQuick Glance (AI)Headnote
Related-party commission disallowance requires reliable comparables, commercial justification analysis, and proof that payments exceed fair market value.
Related-party commission payments may be disallowed as excessive or unreasonable only where the payment exceeds the fair market value of services, the legitimate needs of the business, or the benefit derived. A payment to a specified related person does not itself justify disallowance. Commission benchmarks must be based on genuinely comparable businesses; comparison with an unrelated business model cannot establish excessiveness. Verification should address the actual services rendered and their commercial justification. Where no comparable material demonstrates that commission paid to a spouse's proprietary concern was excessive or unreasonable, disallowance of the expenditure is unsustainable.

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2014 (1) TMI 796 - HC - FEMA

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Statutory appellate remedy bars writ challenge to exoneration order under foreign exchange law after tribunal rejection.
The statutory appeal under the foreign exchange law was wide enough to cover an adjudication order exonerating some noticees while adverse findings were ... Summary

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Acts Income Tax