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Case Laws
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AI Text Quick Glance by AI Headnote
AI TextQuick Glance (AI)Headnote
Section 7 default proof: authenticated Information Utility records support insolvency admission despite accounting disputes or profitability claims.
Section 7 admission under the Insolvency and Bankruptcy Code requires prima facie documentary proof that a financial debt became due, remains unpaid and exceeds the statutory threshold; final claim quantification, accounting disagreements and profitability do not by themselves negate default. An authenticated Information Utility Record of Default is independently sufficient proof unless rebutted by clear, cogent and compelling material; loan and account documents may collectively establish default on a preponderance-of-probabilities standard. A legally assigned financial debt permits the assignee to proceed as financial creditor, while a finally determined assignment dispute may be barred by issue estoppel. Section 62 review is confined to legal questions and does not permit reassessment of concurrent factual findings absent perversity, lack of evidence, ignored material evidence or an erroneous legal standard.
AI TextQuick Glance (AI)Headnote
Joint development service-tax liability requires proven taxability, correct valuation, and statutory evidence for reverse charge and extended limitation.
Service-tax liability in joint development arrangements depends on contractual rights, consideration, period-wise taxability, correct classification as construction service or works contract, and valuation without duplicating values already taxed. Land or development rights may constitute non-monetary consideration only after taxable character is established. Reverse-charge liability requires proof of each statutory prerequisite, including qualifying GTA documentation, provider status for security and legal services, and supply by an independent manpower provider; ledger entries alone are insufficient. Extended limitation requires fraud, wilful misstatement, or deliberate suppression intended to evade tax, assessed separately for distinct transactions. Penalties depend on the ultimate findings on liability and limitation.
AI TextQuick Glance (AI)Headnote
Development agreement transfers can trigger capital gains for societies, while consideration and connected tax claims require fresh determination.
Registered development agreements conferring substantial, enforceable and commercially exploitable property rights constitute transfers, with capital gains taxable to the society holding title and executing the agreement rather than its members. Mutuality does not shelter income involving an independent developer. Section 50D does not apply where consideration is determinable, while section 45(5A)'s deferral is confined to individuals and HUFs. Consideration must be determined as of the transfer date; later GST invoices, built-up area, GST and amenity charges, member-paid tax, and liquid-fund dividend eligibility require fact-based examination to prevent duplication and allow lawful deductions or credit. TOLA may extend assessment limitation, and delayed jurisdictional objections can be barred.
AI TextQuick Glance (AI)Headnote
Interim moratorium leaves pre-existing confirmed auction sales intact and permits possession delivery under a subsequently issued sale certificate.
Interim moratorium triggered by an insolvency application does not affect an auction concluded and confirmed before that application. Issuance of the sale certificate after filing does not disturb the completed sale where the insolvency proceedings are later dismissed. The dismissed proceedings create no continuing bar to delivery of possession, and the auction purchaser remains entitled to possession under the sale certificate.
AI TextQuick Glance (AI)Headnote
Equivalent-value attachment under PMLA reaches pre-offence property when direct crime proceeds are untraceable or dissipated.
Unsubstantiated retained funds from payments received from entities involved in scheduled offences may constitute proceeds of crime where no agreement or other material establishes an entitlement to commission. Section 24 of the Prevention of Money-laundering Act places the burden on the person concerned to prove that such property is untainted. Where direct proceeds have been dissipated, siphoned off or cannot be traced, the definition of proceeds of crime extends to their value, permitting attachment of other property of equivalent value. This mechanism may apply to property acquired before the scheduled offence, leaving it liable to attachment as value-representing property.
AI TextQuick Glance (AI)Headnote
Internal TNMM acceptance: binding precedent precludes a substantial question of law on transfer-pricing adjustment deletion.
Internal TNMM acceptance in determining arm's length pricing is governed by the transfer-pricing framework in sections 92 to 92C and Rule 10B. Where binding precedent has already resolved an identical challenge arising from the same impugned order, the issue is fully covered and does not raise a substantial question of law. The transfer-pricing adjustment deletion therefore remains unaffected.
AI TextQuick Glance (AI)Headnote
Revisionary jurisdiction cannot replace a permissible assessment view on CENVAT credits, excise refunds, or depreciation claims.
Revisionary jurisdiction under Section 263 requires an assessment order to be both erroneous and prejudicial to Revenue interests. Where the Assessing Officer examines written explanations on CENVAT credit valuation, excise-duty refund and additional depreciation, and adopts a legally permissible view, revision cannot rest merely on the Commissioner's preference for another view. Lack of detailed reasoning in the assessment order alone does not establish error or prejudice. On these principles, revision was invalid because the relevant matters had been considered and no addition was warranted on their merits.
AI TextQuick Glance (AI)Headnote
Reopening after four years fails where disclosed depreciation and TDS issues were already examined in scrutiny assessment proceedings.
Reopening of a completed scrutiny assessment after four years requires the assessee's failure to make a full and true disclosure of material facts necessary for assessment. Where unabsorbed depreciation was disclosed, no depreciation was claimed for the relevant year, and delayed TDS deposit had been examined and dropped in the original proceedings, reassessment cannot be used to review or revisit those matters. The notice under Section 148 and the consequential reassessment order were invalid and quashed.
AI TextQuick Glance (AI)Headnote
Personal hearing requests cannot be negated by an inadvertent Form GST DRC-06 selection, requiring fresh adjudication.
Under section 75(4), a written request for a personal hearing in response to a show-cause notice must be assessed holistically. An inadvertent "No" selection in Form GST DRC-06 does not amount to an express waiver where the reply expressly seeks a hearing. Denial of the hearing breaches principles of natural justice and requires fresh adjudication after hearing the assessee.
AI TextQuick Glance (AI)Headnote
Requested personal hearing in GST adjudication is mandatory; failure to notify and afford it vitiates the order.
Requested personal hearing under section 75(4) of the Maharashtra Goods and Services Tax Act, 2017 must be afforded where the taxpayer seeks it to explain factual matters and supporting documents. Proceeding with adjudication on the basis that no representative attended, without evidence that a hearing date was notified after the request, denies a fair opportunity of hearing. Such denial vitiates the adjudication, requiring the issue to be resolved in favour of the assessee.
AI TextQuick Glance (AI)Headnote
Concealment penalty does not arise when income disclosed in a Section 153C return is accepted without addition.
Penalty for concealment under Section 271(1)(c) is not leviable where additional income disclosed in a return filed under Section 153A pursuant to a Section 153C notice is accepted without further addition. Under Section 271(1)(iii) and Explanation 4(c), the tax sought to be evaded is the difference between tax on assessed income and tax chargeable after excluding concealed income. Where assessed income equals returned income, no such tax difference arises. Explanation 5 does not apply to this position.
AI TextQuick Glance (AI)Headnote
Settlement Commission finality bars revision based on reassessment for an assessment year already settled under the statutory settlement process.
Settlement Commission jurisdiction becomes exclusive once an application is allowed to proceed under section 245D(1), covering matters in the application and related matters in the Commissioner's report. A final settlement order under section 245D(4) has statutory finality under section 245-I and precludes parallel assessment proceedings for the settled assessment year. Accordingly, a later reassessment concerning that year cannot provide a valid foundation for revision under section 263; revisionary action on that basis is invalid.
AI TextQuick Glance (AI)Headnote
Statutory retention limits require release of seized property and frozen lockers when continued restraint lacks adjudicatory authorisation.
Under the Prevention of Money Laundering Act, seized documents and digital devices, and property subject to freezing, may be retained or kept frozen for 180 days only. Continued retention or freezing requires the Adjudicating Authority's permission under Sections 17 and 20. Where that period expires without such permission, the Enforcement Directorate has no statutory authority to continue the restraint; the seized articles must be returned and the frozen locker released.
AI TextQuick Glance (AI)Headnote
Extended GST limitation requires show-cause notices to disclose factual material supporting fraud, wilful misstatement, or suppression allegations.
Section 74 may be invoked for the extended five-year limitation only where the show-cause notice itself sets out specific allegations and supporting material establishing fraud, wilful misstatement, or suppression of facts to evade tax. Merely using those expressions without factual particulars does not justify recourse to the extended limitation period instead of the three-year period under Section 73. A notice lacking disclosure of the factual basis or material for those allegations does not validly invoke Section 74 and is unsustainable.
AI TextQuick Glance (AI)Headnote
Retrospective reassessment provision and faceless allocation requirement face constitutional scrutiny amid a continuing stay on further reassessment proceedings
Constitutional validity of retrospectively inserted section 147A of the Income-tax Act, 1961, and the sustainability of reassessment notices issued without faceless automated allocation are under examination. Notice has been issued to the opposite parties. No separate interim order was made because a Supreme Court stay already restrains further assessment and reassessment proceedings; the matter remains pending hearing.
AI TextQuick Glance (AI)Headnote
Section 263 limitation runs from the original assessment for matters outside reassessment, barring delayed revision proceedings.
Section 147 permits reassessment of escaped income, including other escaped income noticed during reassessment. Where reassessment is confined to specified grounds, the original assessment remains operative for matters outside that scope. Consequently, revision under Section 263 concerning unrelated matters must satisfy the limitation period reckoned from the original assessment order rather than the reassessment order. Revision initiated after that original-order limitation expires is time-barred despite the subsequent reassessment.
AI TextQuick Glance (AI)Headnote
Taxation of concessional-loan perquisites remains constitutionally valid under the statutory framework and prescribed valuation mechanism for employee benefits.
Section 17(2) of the Income-tax Act, 1961, as amended, treats interest-free or concessional loans provided by employers as taxable perquisites. The valuation mechanism under Rule 3(7)(i) of the Income-tax Rules, 1962, determines the taxable benefit arising from such loans. Prior binding decisions treated both the statutory provision and delegated valuation method as valid and non-arbitrary. The constitutional challenge to the amendment is therefore addressed on the basis that the amended perquisite-tax regime is constitutionally valid.
AI TextQuick Glance (AI)Headnote
Cash receipt aggregation under Section 269ST fails where separate partner contributions lack a single transaction or event.
Separate cash capital contributions from the same partner cannot be aggregated under Section 269ST merely because they are credited to the partner's capital account. Aggregation requires cash receipts of at least Rs. 2 lakh in a single day, for a single transaction, or for transactions relating to one event or occasion. Contributions received on different dates, each below the threshold, do not satisfy these conditions where no evidence establishes a common transaction or event. Consequently, penalty under Section 271DA is not sustainable.
AI TextQuick Glance (AI)Headnote
Trustee remuneration and exemption require verified evidence, services and reasonableness; an original audit report alone cannot justify denial.
Sections 13(1)(c), 13(2)(c) and 13(3) require separate assessment of whether a founder or trustee is a specified person, whether remuneration was actually paid or credited, and whether it exceeded reasonable payment for services rendered. Founder or trustee status alone does not establish a violation, and section 13(3) imposes no general salary ceiling. An original Form No. 10B and a revised report must be tested against ledgers, financial statements, bank records, vouchers, payroll and TDS records, and the auditor's explanation. Any effect on exemption under sections 11 and 12 requires verification of payment, its nature, services and reasonableness.
AI TextQuick Glance (AI)Headnote
Territorial jurisdiction under Article 226 requires a local cause of action; Delhi links cannot validate proceedings arising in Dadri.
Territorial jurisdiction under Article 226 requires that a material part of the cause of action arise within the court's territorial limits. Seizure, detention and provisional-release proceedings concerning imported goods at ICD Dadri arose under the Customs Commissioner at Noida, not Delhi. Connections with Delhi-based authorities, classification issues, a Chartered Engineer's certificate and CBIC policy did not create a cause of action in Delhi. Forum conveniens cannot cure an absence of territorial jurisdiction because it applies only where more than one competent forum exists. Challenges to classification and release must therefore be pursued before the appropriate forum.

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2026 (10) TMI 767 - AT - GST

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Unaccounted Stock Found During Surveys Requires Tax Determination, Not Direct Confiscation, Fine or Penalty Proceedings.
Unaccounted goods detected during a survey must be treated as supplies for tax determination under Sections 73 or 74, pursuant to the record-keeping and ... Summary

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Acts Income Tax