Appellate jurisdiction over goods imported as baggage - Appellate jurisdiction over confiscation proceedings concerning gold chains carried by an arriving international passenger as baggage HELD THAT: - The first proviso to Section 129A(1) expressly excludes appellate jurisdiction in respect of orders relating to goods imported as baggage. As the gold chains were brought into India by the appellant as an arriving passenger, their character as baggage was unaffected by the manner of carriage o... ... ...

Temporal application of customs exemption amendment - Provisional release of imported second-hand specialised equipment Consideration of provisional release of imported second-hand highly specialised equipment where the customs exemption amendment came into force after the goods were handed to the first carrier - HELD THAT: - The goods had been handed over to the first carrier before the amendment came into force. Since multimodal transport is recognised under the Customs Act, the subsequent ... ... ...

Classification of goods - expert opinion evidence - burden of proof on the Revenue for tariff reclassification - entitlement to MEIS benefits and cancellation by DGFT - recovery of duties under Section 28AAA of the Customs Act contingent on DGFT action - finality of shipping bills under Section 51 of the Customs Act - confiscation under Section 111(o) and redemption fine in lieu of confiscation - invocation of extended limitation under Section 28(4) and penalties under Sections 114A, 114AA and 1... ... ...

Unexplained money - peak credit in seized running ledger account - Telescoping of accommodation-entry additions across assessment years - Consequential commission for accommodation entries Addition for unexplained money and consequential commission based on debit and credit entries in a seized running ledger account - HELD THAT: - The debit and credit sides of a running ledger represent receipts and repayments in a continuous flow of transactions. Aggregating both sides results in taxation of... ... ...

Termination of agency agreement - compensation as business receipt - Accrual of contractual compensation - Depreciation on non-compete rights as intangible assets - Allocation of common expenditure for section 80-IB deduction - Section 80HHC-profits derived from exports - Concurrent deductions under sections 80-IB and 80HHC - Additional legal ground-admission before Tribunal Termination of agency agreement-compensation as business receipt - Revenue receipt - Tax character of compensation paid... ... ...

Taxability of royalty and fees for technical services on receipt basis - Software supply receipts-royalty characterisation - Association of persons in consortium contracts - Offshore supply income under the India-Germany DTAA - Arm's length price determination-ad hoc adjustment Taxability of royalty and fees for technical services on receipt basis - Taxability of royalty and fees for technical services received by the German resident under the India-Germany DTAA on receipt rather than acc... ... ...

Renewal of section 80G approval - regular versus provisional approval Maintainability of an application for renewal of section 80G approval filed by an institution holding regular, rather than provisional, approval - HELD THAT: - The nature of approval subsisting when the application is filed determines the applicable clause under the first proviso to section 80G(5). Clause (ii) applies where an existing regular approval is due to expire, whereas clause (iii) applies to a holder of provisiona... ... ...

Reassessment notice issued to a deceased assessee - Validity of reassessment initiated by notice under section 148 issued in the name of a deceased assessee instead of her legal representatives - HELD THAT: - A reassessment notice must be issued to a living assessee or, where permissible, to the legal representative. A proceeding initiated in the name of a person who had died before issuance of the notice suffers from a jurisdictional defect. The provisions concerning continuation of proceedi... ... ...

Reassessment notice issued to a non-existent firm - Business succession distinguished from discontinuance upon dissolution Validity of reassessment notice issued to a dissolved partnership firm whose business had been taken over by a company - HELD THAT: - The statutory fiction permitting assessment of a dissolved firm applies where its business is discontinued. Since the firm's business had been taken over and continued by the successor company as a going concern, the case involved succe... ... ...

Penalty u/s 271(1)(b) - concealment where underlying additions stood deleted in appeal effect - Penalty for non-compliance with statutory notices Penalty for concealment where underlying additions stood deleted in appeal effect - Penalty for concealment of income after the additions forming its basis had been deleted through the appeal-effect order - HELD THAT: - Pursuant to the appellate directions, the Assessing Officer's appeal-effect order had deleted the additions made in the reasses... ... ...

Substitution of stamp-duty value after expiry of valuation period - Addition based on unconfronted property-purchase information Stamp-duty valuation under section 56(2)(x) - Expiry of period for valuation report - Addition under section 56(2)(x) in respect of the property admittedly purchased, by substituting its stamp-duty value for the purchase consideration despite non-receipt of the DVO's report - HELD THAT: - The Assessing Officer had referred the property for valuation, but the DVO... ... ...

Foreign tax credit on Australian employment income - delayed filing of Form No. 67 - Directory procedural requirement under Rule 128 Entitlement to foreign tax credit on Australian employment income despite delayed filing of the return and Form No. 67 - HELD THAT: - The Tribunal held that the assessee was statutorily entitled to furnish a belated return. As the substantive entitlement to credit and compliance with the required formalities were undisputed, the delayed filing of the return and ... ... ...

Foreign tax credit denied - delayed filing of Form 67 - Form 67 was furnished after filing of the return along with the rectification application HELD THAT: - The requirement to furnish Form 67 was held to be procedural and directory, not mandatory. Non-compliance with that procedural requirement does not extinguish the substantive claim to foreign tax credit. See SMT. MAYA KAPOOR VERSUS INCOME TAX OFFICER, WARD-2 (4), GURGAON [2025 (8) TMI 1086 - ITAT DELHI][Paras 7, 8] The orders of the ... ... ...

Jurisdictional validity of reassessment notice under CBDT Instruction No. 1/2011 - CBDT jurisdictional allocation Validity of reassessment proceedings initiated by an Income-tax Officer despite the Board's jurisdictional allocation under CBDT Instruction No. 1/2011 - HELD THAT: - A reassessment notice must be issued by the Assessing Officer in whom jurisdiction has been vested by the Board. Issuance of the notice and completion of assessment by an officer lacking such jurisdiction was hel... ... ...

Reassessment of unexplained loan credit on change of opinion - Section 148A procedure for post-1 April 2021 reassessment notices Reassessment on change of opinion - Unexplained loan credit - Validity of reassessment of an alleged unexplained loan credit where the loan details had been examined in the original scrutiny assessment - HELD THAT: - The assessee had furnished the confirmation, bank statements and balance sheet concerning the loan in the original assessment, and the Assessing Office... ... ...

Interest on belated refund claims u/s 244A - Validity of belated returns claiming refund Interest on belated refund claims - Validity of belated returns claiming refund - Entitlement to interest on refunds claimed through returns filed after condonation of delay - HELD THAT: - The return originally filed beyond the statutory time-limit, without a preceding application for condonation, was held not to be a valid return. Clause (ii) of paragraph 6 of the CBDT Circular was held applicable to bel... ... ...

Opportunity of hearing in ex parte reassessment - Substantial justice - Fresh adjudication of additions made in ex parte reassessments after the first appeals were dismissed in limine for delay - HELD THAT: - The Tribunal noted that the first appellate authority had dismissed the appeals for delay, while the assessments were completed ex parte. In the peculiar facts, the assessee was held entitled, in the interest of substantial justice, to one further opportunity to substantiate the impugned tr... ... ...

Jurisdictional validity of a section 201 order against a non-existent amalgamating company Validity of an order under section 201 made in the name of an amalgamating company that had ceased to exist despite prior intimation of amalgamation - HELD THAT: - After amalgamation, the erstwhile entity had ceased to exist. The assessee had notified the TDS authority of the amalgamation before commencement of the proceedings and again in its response; yet the final order was addressed to and served on... ... ...

Unexplained cash deposits - proof of agricultural income and gifts HELD THAT: - The Tribunal held that partial acceptance of the gift claim was justified, as no donor confirmations, identity proof, or material establishing the donors' relationship and financial capacity had been furnished. It further held that cash deposits could be explained only to the extent of net agricultural earnings after deduction of the declared expenses, and not by the gross agricultural receipts claimed. [Paras... ... ...

Cash loan or deposit-company funds used to purchase jewellery - Penalty for alleged acceptance of cash loan or deposit Levy of penalty for alleged acceptance of a cash loan or deposit where the company's disclosed income was used by its managing director to purchase jewellery kept in his residence and locker - HELD THAT: - The amount utilised for purchasing jewellery on behalf of the company out of its disclosed income, though the jewellery was kept in the managing director's residenc... ... ...