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Case Laws
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AI Text Quick Glance by AI Headnote
AI TextQuick Glance (AI)Headnote
Revenue recognition for self-developed projects: Project Completion Method continued, while notice-free enhancement and mismatched profit computation failed.
Section 43CB and ICDS-III do not apply where a developer bears commercial risk and sells developed units on its own account rather than carrying out construction or services for another person. The Project Completion Method may continue for a project commenced before 1 April 2016 where consistently followed and accepted, subject to the ICDS-III transitional provision. Percentage Completion Method profit cannot be recognised where there is no construction progress and revenue is calculated from cumulative cost and advances while only current-year costs are deducted, creating a mismatch. Enhancement requires prior reasonable opportunity under section 251(2); without separate notice and identifiable corresponding revenue, treating capitalised work-in-progress costs as income is unsustainable.
AI TextQuick Glance (AI)Headnote
Revisional jurisdiction permits verification where advertising and ESOP expenditure claims were accepted without adequate enquiry.
Revisional jurisdiction under section 263 applies where an assessment is both erroneous and prejudicial to Revenue interests. A legally possible view protects an assessment only after the Assessing Officer has made enquiries and consciously formed that view. Acceptance of advertisement, sales-promotion, and ESOP expenditure without examining their nature, business-expansion connection, scheme terms, valuation, vesting, lapses, computation, or accrual may justify limited revision for verification. Potential allowability as business expenditure or deferred preliminary expenditure requires factual examination. An audit objection may supply information, but revision requires the Principal Commissioner's independent satisfaction based on assessment records and taxpayer replies. Explanation 2 does not create a new basis where the show-cause notice already identifies lack of enquiry.
AI TextQuick Glance (AI)Headnote
Cash-credit additions cannot stand when documented bullion sales explain demonetisation-period deposits, avoiding duplicate taxation of recorded trading receipts.
Section 68 does not permit cash deposits during demonetisation to be treated as unexplained where audited books, cash and stock records, sales and purchase records, and VAT returns establish recorded bullion and jewellery sales and corresponding stock movement. An increase in cash sales before demonetisation, without evidence disproving sales, stock availability, or the records, does not negate the explained source. Where sale proceeds have already been credited to the trading account and included in returned income, a further cash-credit addition duplicates taxation. Suspicion or human-probability considerations cannot replace material evidence.
AI TextQuick Glance (AI)Headnote
PMLA summons disclosure requirements permit limited particulars where the ECIR nexus is substantiated without compromising the money-laundering inquiry.
Section 50 PMLA summons need not disclose full grounds where the enforcement authority can substantiate their nexus with a lawful money-laundering inquiry without compromising that inquiry. A money-laundering inquiry must rest on a scheduled offence, but a predicate FIR registered before the ECIR and not quashed continues to support the inquiry despite a stay of proceedings against a person; references to later FIRs do not alter that position. Natural justice ordinarily requires the summons to identify its purpose, the nexus of material sought, and consequences of default. Persons summoned must attend, provide available material, and may seek reasonable time for further production.
AI TextQuick Glance (AI)Headnote
Resolution-plan approval extinguishes central excise demands, interest and penalties, preventing their survival after completion of insolvency proceedings.
Approval of a resolution plan under the insolvency process extinguishes central excise tax demands covered by that plan, including related interest and penalties. Where the plan addresses financial and operational debts and is affirmed in appellate insolvency proceedings, the covered tax liabilities cannot survive in parallel excise proceedings. The extinguishment applies to the impugned demands forming the subject matter of those proceedings.
AI TextQuick Glance (AI)Headnote
GST registration appeal delay condoned to secure merits review of disputed tax computation before the appellate authority.
Delay in filing a statutory appeal against GST registration cancellation was condoned where the appellate authority had rejected the appeal solely as time-barred without examining tax computation. The remedial approach applied in analogous registration-cancellation matters supported an effective opportunity for merits adjudication. The revived appeal must allow the petitioner to challenge every component of tax computation before the appellate authority, with a hearing afforded to both sides.
AI TextQuick Glance (AI)Headnote
Revision jurisdiction fails where exemption follows adequate enquiry despite delayed audit reporting and later condonation rejection.
Revisionary jurisdiction requires an assessment order to be both erroneous and prejudicial to Revenue interests. Exemption for charitable purposes may remain supportable where the required audit report is furnished before reassessment is completed and the Assessing Officer has undertaken enquiries through scrutiny notices and supporting records. A legally plausible view reached after enquiry cannot be displaced merely because the revisional authority prefers another view. Subsequent rejection of condonation for delayed filing does not retrospectively make the assessment unsustainable. Where no complete lack of enquiry or identified factual or legal error exists, revision is not justified.
AI TextQuick Glance (AI)Headnote
Reassessment requires year-specific escaped-income information; land-sale data from a later assessment year cannot reopen an earlier year.
Reassessment for AY 2020-21 cannot be initiated solely from information about a land-sale transaction completed in FY 2020-21, because that transaction pertains to AY 2021-22. Where the recorded information, the order under section 148A(3), and the Revenue's affidavit identify the transaction as occurring in FY 2020-21, they provide no basis to infer escaped income for AY 2020-21. The statutory precondition for reopening is therefore absent, rendering the reassessment proceedings invalid and liable to be quashed.
AI TextQuick Glance (AI)Headnote
Deemed timely payment under the Income Declaration Scheme depends on cheque tender and bank credit dates meeting circular conditions.
Deemed timely payment under the Income Declaration Scheme applies where payment by cheque, RTGS or electronic transfer was tendered by 03.10.2017 and credited by the bank by 05.10.2017, treating it as paid by the 30.09.2017 due date. Eligibility for this benefit depends on verification of the cheque tender date and bank credit date. The authority must verify those factual prerequisites and extend the Scheme's benefit if the circular's conditions are met.
AI TextQuick Glance (AI)Headnote
Limitation for reassessment notices: delayed Section 148 notice invalidates consequential reassessment for the relevant assessment year.
The first proviso to Section 149(1) retains the earlier limitation regime for assessment years beginning on or before 1 April 2021. For Assessment Year 2015-16, a Section 148 notice issued on or after 1 April 2022 is barred by limitation. Service of a Section 148A(b) notice within the earlier limitation period does not preserve or extend time for the later Section 148 notice. A time-barred Section 148 notice invalidates the consequential reassessment proceedings and assessment order.
AI TextQuick Glance (AI)Headnote
CENVAT credit for additional customs duty on imported coal remains available despite excise-credit restrictions under separate credit provisions.
CENVAT credit is admissible for 1%/2% additional duty of customs paid on imported coal because Rule 3(1)(vii) independently permits credit of additional customs duty equivalent to specified excise duties. The proviso to Rule 3(1)(i), which restricts credit of specified excise duty where a central excise exemption is used, does not apply to imported coal subject to additional customs duty under the customs exemption notification.
AI TextQuick Glance (AI)Headnote
Effective service of GST notices is essential; portal-only uploads can deny taxpayers a meaningful opportunity to respond.
GST assessment orders founded on notices and hearing intimations uploaded only under the portal's additional-notices tab may breach natural justice where registered-post service is required or advised alongside electronic communication. SMS and email reminders do not, by themselves, cure ineffective statutory service. Failure to ensure effective service deprives the assessee of a meaningful opportunity to submit objections and supporting records before assessment. An assessment completed in those circumstances is vitiated for breach of the principles of natural justice.
AI TextQuick Glance (AI)Headnote
Post-contract GST reimbursement requires adjustment for VAT already payable under fixed-price contracts entered before the GST regime.
GST imposed after execution of a fixed-price tender and agreement could not have been included in quoted rates, which covered only duties and taxes applicable at the bidding stage. GST is treated as an indirect tax under the Central Goods and Services Tax Act, 2017, supporting reimbursement where the project authorities accept that liability. Reimbursement must nevertheless account for VAT remaining payable under the contract. The contractor's GST recovery is therefore limited to the recalculated differential between applicable GST and VAT on goods supplied after 14 December 2017.
AI TextQuick Glance (AI)Headnote
Section 9 interim security protects disputed refund claims when financial distress creates a genuine risk of unenforceable awards.
Section 9 of the Arbitration and Conciliation Act permits interim measures securing an amount in dispute where circumstances show that enforcing a future arbitral award may become difficult. A registered cancellation deed, issuance of a cheque for the identified principal amount, and its dishonour for insufficient funds may prima facie support a refund claim. Financial and contractual disputes, negligible disclosed bank balances, pending enforcement proceedings, and assignment of redevelopment rights may establish a genuine risk to recoverability. Deposit of the disputed principal amount can preserve the claim pending arbitration without determining underlying rights or liabilities, where the balance of convenience supports such protection.
AI TextQuick Glance (AI)Headnote
Clandestine removal requires corroborative evidence; input shortages alone cannot sustain a central excise duty demand.
Clandestine removal requires tangible and corroborative evidence; a shortage of Cenvat-credit availed MS ingots alone does not establish illicit clearance. Evidence linking the shortage to removal, including transport records, sales, buyer transactions, consideration or financial flow-back, is necessary to sustain a duty demand. In the absence of such evidence, the shortage may indicate only improper accounting of inputs, and a duty demand founded solely on the shortage cannot be sustained.
AI TextQuick Glance (AI)Headnote
MRP-based valuation for post-GST chewing tobacco cannot sustain differential NCCD demands under an unamended pre-GST notification.
Post-GST differential National Calamity Contingent Duty on chewing tobacco cannot be demanded through the Section 4A MRP-based valuation mechanism under Notification No. 49/2008-CE (N.T.). From 1 July 2017, the mechanism was inoperative because the notification continued to refer to the repealed Central Excise Tariff Act, 1985 and was not correspondingly amended. Consequently, differential NCCD demands for the disputed post-GST period based on MRP valuation are unsustainable.
AI TextQuick Glance (AI)Headnote
Concurrent GST adjudication: earlier Central GST proceedings bar later State GST action, while effective hearing remains mandatory.
First-initiated Central GST proceedings for the same taxable period preclude later State GST adjudication; any State GST adjudication and consequential rectification order cannot survive. Ex parte Central GST adjudication without a newly communicated hearing date, despite a previously filed reply and earlier hearing dates, denies an effective opportunity of hearing and breaches natural justice. Fresh Central GST determination requires an effective hearing and a speaking order.
AI TextQuick Glance (AI)Headnote
GST appeal limitation starts only on prescribed communication, so portal-only cancellation uploads cannot make appeals time-barred.
GST appeal limitation begins when a cancellation order is communicated through a prescribed mode of service, not when it is merely uploaded on the common portal. The statutory appeal period permits only limited condonation beyond its initial duration, making valid service essential to commencement of limitation. Portal upload alone does not trigger limitation; an appeal against registration cancellation cannot be rejected as time-barred on that basis and must be considered on merits.
AI TextQuick Glance (AI)Headnote
Effective hearing in confiscation proceedings requires time to reply; same-day orders breach natural justice and require fresh adjudication.
Confiscation proceedings must provide a real and reasonable opportunity to reply and be heard. Where a show-cause notice allows seven days for a written response, issuing a confiscation order on the date of service, before that period expires and without objections, breaches principles of natural justice. A direction to appear on that date does not cure the lack of effective opportunity. Payment made to secure release of detained goods and conveyance does not constitute admission, acquiescence, or waiver of the right to contest the demand. The confiscation and consequential demand require fresh adjudication after allowing a written reply and personal hearing.
AI TextQuick Glance (AI)Headnote
Software licence royalty treatment: later clarification excludes earlier resident renewal payments from withholding and disallowance, while payable includes paid amounts.
One-time, non-refundable time-share membership fees may be recognised over the membership period where a consistent accounting method apportions receipts over the period of membership benefits, rather than taxed wholly on collection. A statutory clarification treating computer-software licences as royalty applies prospectively from 1 April 2012; resident software-licence renewal payments for assessment year 2008-09 therefore did not require tax deduction or trigger disallowance. Payments to non-resident suppliers do not establish equivalent taxability for resident suppliers. For disallowance purposes, "payable" encompasses sums already paid as well as outstanding amounts.

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2026 (10) TMI 101 - HC - Indian Laws

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Article 226 review limits courts to procedural legality, preserving plausible disciplinary closure despite alternative factual views.
Article 226 judicial review examines the legality of a statutory authority's decision-making process and does not permit reappreciation of evidence or ... Summary

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Acts Income Tax