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Case Laws
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AI Text Quick Glance by AI Headnote
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Estimated profit on alleged cash transactions follows consistent prior-year treatment rather than taxing the full transaction amount.
Income from alleged cash transactions was assessed by applying an 8% estimated profit element, reflecting the consistent treatment accepted in prior assessment years for similar transactions. The addition was therefore confined to the profit component rather than the entire transaction amount, and the remaining portion of the proposed addition was not sustained.
AI TextQuick Glance (AI)Headnote
Recorded-reason income must be assessed before other additions can sustain a reassessment proceeding.
Reassessment under Section 147 requires assessment or reassessment of the income forming the recorded reason for reopening. Although Explanation 3 permits assessment of other income noticed during a validly reopened proceeding, it does not dispense with that requirement. Where no addition was made for the long-term capital gains identified in the recorded reasons, additions for disallowance of the Section 54F exemption and income from other sources, being distinct matters, could not sustain the reassessment. The reassessment was therefore unsustainable, and the consequential additions could not survive.
AI TextQuick Glance (AI)Headnote
Reassessment Jurisdiction Requires Independently Verified Material, While Untested Third-Party Statements Cannot Sustain Loan-Credit Additions in Income Tax
Reassessment jurisdiction under the Income-tax Act requires an independently formed reason to believe, based on relevant and verified tangible material, that taxable income escaped assessment; borrowed satisfaction, factual errors, and unverified records do not meet that standard. Additions relying on third-party statements require disclosure and a meaningful rebuttal opportunity, including cross-examination, so that the evidence can be tested. Loan credits supported by accounting entries, lender tax identification, bank records, confirmations, and repayment evidence may establish genuineness and should not be treated as unexplained cash credits merely on unsupported allegations.
AI TextQuick Glance (AI)Headnote
Unsigned third-party Excel records cannot sustain unexplained-money additions without cross-examination and independent corroborative evidence.
Unsigned third-party Excel material that neither identifies nor bears the assessee's signature cannot, by itself, support an addition for unexplained money. Cross-examination of persons connected with the material and independent evidence that the alleged cash payment was made are necessary to establish reliability. Without those safeguards, an addition under Section 69A read with Section 115BBE is unsustainable and was deleted.
AI TextQuick Glance (AI)Headnote
Recorded cash receipts cannot be treated as unexplained money without evidence disproving identified debtor collections and regular business records.
Section 69A applies only where money is established to be unexplained. Cash receipts recorded in regular books as collections from identified business debtors are supported where party-wise ledgers, debtor details, audited accounts, sales and purchase registers, stock records and VAT returns substantiate them. Absence of debtor confirmations alone does not displace such documentary evidence, particularly where books are not rejected, no defects are identified and no independent party verification is undertaken. Acceptance of Specified Bank Notes during demonetisation does not establish an undisclosed source without contrary material. Suspicion cannot substitute proof.
AI TextQuick Glance (AI)Headnote
Unexplained intangible investment requires record verification before depreciation disallowance and duplicated return adjustments can be resolved.
Unexplained investment in intangible assets under section 69, and consequential depreciation disallowance, require verification of books, invoices, agreements, ledgers, payment records, salary records, and evidence of software customisation and development to establish asset cost and source. Section 115BBE governs taxation where an investment's nature and source remain unexplained. Assessed-income computations based on return-processing adjustments also require comparison of original and revised returns, the intimation, tax audit report, income computation, and assessment order to identify duplicate expense disallowances. Fresh adjudication must follow after a reasonable opportunity to provide supporting evidence and explanations.
AI TextQuick Glance (AI)Headnote
Import-policy restrictions follow shipment or dispatch dates, preventing later Gazette notifications from burdening pre-publication imports.
Foreign Trade Policy import restrictions apply by reference to the policy-defined date of shipment or dispatch from the supplying country, rather than the Bill of Entry filing, out-of-charge, or customs-clearance date. For air imports, the relevant Airway Bill evidencing departure from the last airport in the exporting country determines that date. Customs Act duty-assessment timing does not govern import-policy restrictions. A restrictive notification takes legal effect only upon electronic Gazette publication and operates prospectively unless statutory authority permits retrospectivity. Goods dispatched and arriving before publication remain governed by the earlier policy; executive memoranda cannot retrospectively alter that position.
AI TextQuick Glance (AI)Headnote
Prima facie cognizance scrutiny excludes defence evidence and mini-trials when complaints disclose alleged investigation non-cooperation.
At the cognizance stage for alleged contravention of the Companies Act, scrutiny is limited to the complaint and supporting material to determine whether they disclose a prima facie case. Defence material and explanations cannot be assessed through a mini-trial at that preliminary stage. Allegations of non-cooperation with an investigation, supported by the complaint record, may justify cognizance and issuance of process where the order demonstrates application of mind to the available material.
AI TextQuick Glance (AI)Headnote
Leasehold-right transfers are not construction-related taxable supplies, preventing blocked-credit restrictions and fraud-based recovery on related input tax credit.
Transfer of leasehold rights in an industrial plot is treated as a transfer of benefits arising from immovable property rather than a taxable supply. Consequently, input tax credit on acquiring those rights cannot be characterised as blocked credit under the construction-related restriction, which applies only to lawfully taxable inward supplies of goods or services received for construction of immovable property. No construction occurs merely through a transfer of leasehold rights. Fraud-based recovery cannot be invoked where the underlying transaction is non-taxable and the credit is not ineligible. Tax collected on a subsequent transfer was deposited with the Government.
AI TextQuick Glance (AI)Headnote
PMLA bail restrictions yield to Article 21 liberty and speedy-trial guarantees where prolonged custody lacks a foreseeable trial.
Section 45 of the Prevention of Money Laundering Act imposes twin conditions for bail, but those restrictions must operate consistently with Article 21 protections of personal liberty and the right to a speedy trial. Where the predicate-offence investigation remains incomplete, money-laundering charges have not been framed, and no foreseeable trial exists, indefinite pre-trial custody risks becoming punitive. Concerns regarding witness influence or evidence tampering may be addressed through stringent bail conditions that protect the investigation and prosecution witnesses.
AI TextQuick Glance (AI)Headnote
Tax reimbursement arbitration permits contractual allocation while import and inter-State sales remain outside DVAT under an integral contractual nexus.
Contractual disputes over which party bears or reimburses tax are arbitrable where they concern reciprocal obligations and neither determine statutory tax liability nor bind tax authorities. For works contracts, transfer of property in goods is a deemed sale, but goods procured pursuant to an integral nexus with the contract may qualify as sales in the course of import or inter-State trade and remain outside DVAT. Contractual specifications, supplier approval, pre-inspection, tax-exemption certificates, custom-made goods and consignee identification may establish that nexus; subsequent incorporation into the works does not sever it. Limited review of arbitral awards precludes reappreciation of evidence where the tribunal's view is plausible.
AI TextQuick Glance (AI)Headnote
Effective service of GST show-cause notices requires alternative modes and meaningful personal hearing before ex parte assessment.
Ex parte GST assessments based on show-cause notices uploaded only to the GST portal may not provide effective service where repeated portal notices receive no response. Although portal upload is a recognised mode of service, the proper officer must explore other available modes, preferably registered post, to ensure an effective opportunity to respond. Confirming show-cause proposals without effective service and a meaningful personal hearing reduces the process to an ineffective formality; ex parte assessments made in those circumstances cannot be sustained.
AI TextQuick Glance (AI)Headnote
Contractual GST allocation permits supplier reimbursement but does not prevent statutory recovery from the taxpayer.
Private contractual allocation of GST liability does not bar statutory recovery from a person liable under the CGST Act. Suppliers receiving assignment consideration inclusive of GST and undertaking to remit it remain contractually liable to reimburse the payer for unpaid GST and consequential interest. Statutory authorities may nevertheless pursue the payer under section 16(2), subject to the pending statutory appeal. A civil money claim cannot extend to statutory authorities where they were added late and no amended prayer or contractual basis supports relief against them.
AI TextQuick Glance (AI)Headnote
Supplier discount disclosures in GST reconciliation cannot alone establish output tax liability or support a new marketing-service theory.
Supplier discounts or incentives disclosed in Column 5(O) of GSTR-9C do not, without more, establish an output-tax liability for the recipient. Section 15(3) governs exclusion of discounts from the supplier's taxable value and requires verification of pre-existing agreements, invoice linkage, credit notes, supplier reporting, return treatment, and any input-tax-credit reversal. Taxability must therefore depend on whether the recipient reduced outward turnover or tax liability. A discount cannot be recharacterised at the appellate stage as consideration for promotion or marketing services where that taxable-supply theory was absent from the show-cause notice and original adjudication.
Quick Glance (AI)Headnote
Recording satisfaction in reassessment proceedings remained undecided after special leave petitions on penalty provisions were dismissed for delay.
Special leave petitions concerning penalties for contraventions involving loans or deposits under sections 271D and 271E were dismissed because the filing delays, reported as 427 and 433 days, lacked satisfactory explanation. No substantive determination was made on the requirement for the reassessment Assessing Officer to record satisfaction during reassessment proceedings.
AI TextQuick Glance (AI)Headnote
Resolution plan finality bars reassessment of pre-plan tax periods despite later information on alleged earlier transactions.
Approval of a corporate insolvency resolution plan extinguishes past claims, including statutory dues, for periods before approval. Its binding effect prevents reassessment proceedings against the corporate debtor for a pre-plan assessment year, even where fresh information later emerges regarding alleged transactions before plan approval. Consequently, pre-resolution-plan tax liabilities cannot be pursued through a newly initiated reassessment.
AI TextQuick Glance (AI)Headnote
Misreporting penalty requires proof of a specified statutory instance; under-reported income alone attracts the ordinary penalty rate.
Enhanced penalty for misreporting requires establishment of a specified statutory instance of misreporting; under-reporting alone supports only the ordinary penalty rate. A penalty notice is sufficiently specific where it expressly identifies under-reporting arising from misreporting as the charge. Where a return has been furnished, the excess of income assessed for the first time over income processed under section 143(1)(a) constitutes under-reported income. The enhanced rate cannot apply merely because under-reported income exists where no statutory misreporting category is identified or established; penalty is then confined to 50% of tax on that under-reported income.
AI TextQuick Glance (AI)Headnote
Written acceptance of customs reassessment preserves challenge rights; undisclosed NIDB data alone cannot justify enhanced import valuation.
Written acceptance of an enhanced customs value waives only the requirement for a speaking order; it does not surrender the importer's statutory right to challenge rejection of transaction value or reassessment. Declared transaction value may be rejected only after grounds for reasonable doubt are formed and communicated and prescribed sequential valuation rules are followed. Undisclosed NIDB or contemporaneous-import data, without particulars, independent corroboration, and cogent justification, cannot alone support enhancement. Consequently, reassessment lacking these safeguards is legally unsustainable.
AI TextQuick Glance (AI)Headnote
Tariff classification of boiler support structures turns on sole-use machinery-part identity, excluding structural steel and prefabricated-building headings.
Boiler Support Steel Structures imported in completely knocked-down condition qualify as machinery parts when their design, dimensions, connection points, attachments and position-specific tags establish sole or principal use with a designated boiler system. Rule 1 of the General Rules for Interpretation and Section XVI principles support classification as other boiler parts, because heading 7308 excludes structures clearly identifiable as machinery parts. Associated platforms, galleries, walkways and maintenance structures remain within the engineered boiler-support arrangement. Classification as prefabricated buildings is excluded because the goods lack the essential character of such buildings.
AI TextQuick Glance (AI)Headnote
Tax subsidy treatment remained unexamined after insufficient cause barred the special leave petition on limitation.
The issue concerned disallowance under section 43B and the treatment of a subsidy received from the Government of Haryana. Insufficient cause for delay led to rejection of the condonation application and dismissal of the special leave petition as time-barred. No substantive determination of the section 43B disallowance or subsidy treatment is recorded.

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2015 (2) TMI 1290 - HC - Indian Laws

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Liquidated damages and reciprocal contractual obligations governed enforcement of a performance bond and set-aside of the arbitral award.
A stipulated performance bond linked to delayed delivery could operate as liquidated damages under Section 74 of the Indian Contract Act, 1872 where ... Summary

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Acts Income Tax