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2025 (4) TMI 2307
Case Laws Income Tax
Defective penalty notice invalidates audit-default penalty where the taxpayer is not told the specific alleged breach.
Penalty under Section 271B cannot be sustained where the Section 274 notice alternatively alleges failure to obtain an audit and failure to furnish the audit report without identifying the specific charge. Section 44AB requires audit where the prescribed threshold is met, while Section 271B penalises specified audit-related defaults. Retaining both statutory limbs in a mechanically issued notice fails to give the taxpayer clear notice of the allegation requiring a response. The notice is therefore invalid, and the penalty is liable to be deleted.

2025 (4) TMI 2308
Case Laws Income Tax
Uncorroborated investigation material cannot sustain share-loss, unexplained-investment, or cash-credit additions when records remain unrebutted and statutory conditions fail.
Uncorroborated investigation material or suspicion cannot displace unrebutted documentary evidence supporting share transactions conducted through recognised brokers, demat accounts and banking channels; denial of requested cross-examination also breaches natural justice. A loan recorded in the books and supported by bank records does not meet the statutory conditions for unexplained investment merely because its commercial purpose is not explained. Unexplained cash-credit treatment requires identification of a specific credit in the books; unverified accommodation-entry information, without an identified credit, independent verification or cross-examination, cannot support an addition.

2025 (4) TMI 2309
Case Laws Income Tax
Time-barred reassessment and documented sale proceeds: statutory extension did not apply, barring unexplained-credit treatment on suspicion alone.
For AY 2015-16, the statutory relaxation under TOLA for notices issued between 1 April and 30 June 2021 did not extend the applicable reassessment limitation; a notice issued on 13 April 2021 was therefore time-barred. Sale receipts recorded in regular accounts, supported by stock records, purchase details, invoices, VAT returns, confirmations and bank realisation, represented consideration for S.S. pipe sales. In the absence of material disproving those sales, treating amounts already credited as sales income as unexplained cash credits on mere suspicion would cause impermissible double taxation. Such documented sale proceeds should not attract unexplained-credit additions.

2025 (4) TMI 2310
Case Laws Income Tax
Section 143(1) processing limits bar disallowance of disputed salary exemptions based on Form 26AS discrepancies.
Section 143(1) confines return-processing adjustments to specified matters, including arithmetical errors and claims that are apparent from the return. Disputed claims for house rent allowance, special allowance, food-meal coupons and medical reimbursement involve debatable questions of allowability and cannot be disallowed at that stage. Form 26AS does not take precedence over Form 16 when making such adjustments.

2025 (4) TMI 2311
Case Laws Income Tax
Rental income from unsold developer units remains income from house property when units are bare-let pending sale.
Rental income from unsold real-estate units held by a developer as stock-in-trade is assessable as income from house property where the units are bare-let pending sale. Ownership and the nature of exploitation govern classification under section 22: rent earned merely through letting by the owner falls under house property, whereas commercial exploitation involving substantial services may support business income. Separate provision of facility-management services, accounting rent as revenue from operations, and inclusion of letting in the objects clause do not alter the rental income's character. The rent is therefore taxable as income from house property rather than business income.

2025 (5) TMI 2335
Case Laws Income Tax
Condonation of delay enabled fresh examination of unexplained investment evidence and penalty proceedings after a fair hearing.
Condonation of delay was appropriate where the taxpayer established bona fide sufficient cause arising from misunderstanding of revision and reassessment proceedings, professional advice, disability and guardianship, with no mala fide or dilatory conduct; delay length alone was not determinative. Additional evidence concerning RBI Bond investments, including bank and repayment records, required verification before determining unexplained credits under Section 68. Penalty for concealment required reconsideration where it was confirmed ex parte without a reasonable opportunity to contest the matter or submit supporting material. The quantum addition and penalty required fresh fact-based examination after appropriate hearing.

2025 (10) TMI 1491
Case Laws Income Tax
Industrial incentive sales-tax remission remains a capital receipt and falls outside normal tax and MAT book-profit computation.
Sales-tax remission granted under an industrial incentive scheme to induce establishment of a new undertaking in a backward area is characterised by the subsidy's object, not its form of disbursement. Where the objective is industrialisation and setting up of new units, the remission constitutes a capital receipt rather than taxable income under normal provisions. Because it lacks the character of income, the remission is also excluded from book-profit computation under section 115JB despite minimum alternate tax deeming provisions. This treatment excludes the incentive from taxable income under both normal and minimum alternate tax computations.

2026 (4) TMI 1930
Case Laws Income Tax
Cash sale consideration outside cash-receipt penalties where a registered property transfer is completed, disclosed, and supported by reasonable cause.
Disclosed cash forming part of final consideration under a completed registered immovable-property sale is distinguished from a loan, deposit, or standalone advance for Section 269SS and the corresponding penalty under Section 271D. Where consideration is accepted in reassessment and there is no evidence of undisclosed consideration, accommodation entries, suppression, or a tax-evasion device, it falls outside the stated penal scope. Penalty is not automatic for a technical breach: plausible and bona fide medical urgency that is not disproved constitutes reasonable cause under Section 273B and precludes penalty. These principles support deletion of the penalty.

2026 (5) TMI 1872
Case Laws Income Tax
Sales-tax remission as capital receipt where incentives fund industrial investment, expansion and modernisation rather than trading profitability.
Sales-tax remission under the West Bengal Incentive Scheme, 1993 is characterised under the purpose test by the object of the subsidy rather than its mode of disbursement. Where remission is designed to induce fresh fixed-capital investment and support expansion and modernisation of industrial units in backward areas, rather than assist trading operations or profitability, it constitutes a capital receipt rather than a revenue receipt.

For GTA services under reverse charge, self-invoicing is treated as necessary where supplies are received from an unregistered supplier. Where a registered GTA provider issues an invoice bearing its GSTIN and records tax as payable under reverse charge, that invoice is regarded as sufficient and no separate self-invoice is required. Supplier registration status and invoice particulars are central to this determination.

Circular No. Circular No. 82/2019/TNGST Dated:- 22-7-2019 Tamil Nadu SGST Dated:- 22-7-2019 Tamil Na...
ITeS supplied on the provider's own account is not intermediary service, even if provided to an overseas client's customers. Services that merely arrange or facilitate the overseas client's supply to customers, including delivery, logistics, clearance, transportation, or post-sales support, are intermediary services. Where independent ITeS and facilitative support are both supplied, classification depends on the facts and the principal supply. A non-intermediary supplier may qualify for export of services treatment only upon satisfying location, place-of-supply, convertible foreign exchange, and distinct-establishment conditions.

Circular No. 171/3/2022-GST Dated:- 3-1-2023 Jharkhand SGST Dated:- 3-1-2023 Jharkhand SGST
Where invoices are issued without actual supply, the activity is not supply and creates no tax liability or demand under sections 73 or 74 against the issuer, though penalty applies for issuing fake invoices. A recipient who fraudulently avails and utilizes input tax credit for genuine outward supplies is subject to recovery, interest, and penalty under section 74, without duplicate penalty for the same act. An intermediary passing such credit through further invoices without actual supply faces specified penalties, although no demand arises in that specific pass-through transaction.

2023 (9) TMI 1793
Case Laws Indian Laws
Expedited guardianship proceedings require an independent decision on merits while preserving each opposing party's opportunity to contest.
Expedited determination of the pending guardianship application was considered beneficial to all parties without expressing any view on its merits. The court below was directed to decide the application independently and in accordance with law within four months from the next scheduled date, while ensuring the opposing parties retain adequate opportunity to contest the proceedings.

Definitions - Definition / Legal Terminology
Section 58(11) of the Income Tax Act, 2025, adopts a cross-referential definition of limited liability partnership. For income-tax purposes, the expression carries the meaning assigned under section 2(1)(n) of the Limited Liability Partnership Act, 2008. The definition incorporates the limited liability partnership statutory meaning rather than creating a separate income-tax meaning.

Circular No. 170/2/2022-GST Dated:- 3-1-2023 Jharkhand SGST Dated:- 3-1-2023 Jharkhand SGST
GST return-reporting requirements mandate place-of-supply-wise disclosure of inter-State supplies to unregistered persons, composition taxable persons, and UIN holders in Table 3.2 of FORM GSTR-3B and applicable tables of FORM GSTR-1. Table 4(A) auto-populates ITC, while permanent and temporary reversals must be reported separately in Table 4(B). Net ITC, calculated after those reversals, is credited to the electronic credit ledger. Blocked ITC is reported through Table 4(B)(1), whereas specified time-barred or place-of-supply-related ITC may be reported in Table 4(D)(2).

Notification No. G.S.R. 895(E) Dated:- 15-10-2026 Special Economic Zone
For funds established in an IFSC, a Developer's written confirmation of a provisional space offer to the fund management entity and the entity's lease deed are treated as the fund's corresponding documentation. For an IFSC Unit, the first final recognition, registration, licence or authorisation determines service commencement, notwithstanding later invalidity. Letter of Approval renewal considers employment, statutory violations and statutory-payment defaults. Aircraft and ship leasing arrangements may share authorised office space or manpower without separate space documentation where permitted.

2016 (7) TMI 1725
Case Laws Income Tax
Withdrawal of income-tax appeal ends appellate proceedings without adjudication of underlying assessment issues on merits.
Withdrawal of an income-tax appeal was sought by the assessee at the listed hearing. As the departmental representative raised no objection, permission to withdraw was granted and the appeal was dismissed as withdrawn. Voluntary discontinuance of appellate proceedings therefore occurred without adjudication of the underlying assessment or any substantive income-tax issue on merits.

2022 (8) TMI 1635
Case Laws Indian Laws
Statutory mining-lease procedure prevails where State recommendation and Central approval were secured, excluding compensatory additional levy.
Statutory mining-lease procedure under the Mines and Minerals (Development and Regulation) Act, 1957 requires a State Government recommendation, prior Central approval, and compliance with the prescribed Mineral Concession Rules. A lease application independently scrutinised and recommended by the State Government, followed by Central approval, falls within that procedure. Mere participation in Screening Committee meetings does not establish allocation through the Screening Committee Route, particularly where the relevant communication was not sent to the State Government. Such a lease is outside the flawed allocation routes, so compensatory additional levy does not apply and a related demand is liable to be quashed.

FEMA & RBI
Dated:- 17-10-2026
For FY 2026-27, audit remuneration is to remain at existing levels. Member banks are advised to accelerate a centralised audit framework to improve cost efficiency while retaining comprehensive risk oversight. Physical statutory branch audit coverage should be reduced to cover 50% of total business, apart from centralised treasury audits. Audit coverage must align with SEBI listing and disclosure requirements and RBI guidelines, supported by a Board-approved policy for the centralised audit roadmap.

2024 (5) TMI 1726
Case Laws Income Tax
Reasonable cause for cash transactions with members can prevent penalties against credit co-operative societies under tax rules.
Reasonable cause can preclude penalties for cash acceptance or repayment that would otherwise breach Sections 269SS and 269T. A credit co-operative society's bona fide and consistently held belief that these restrictions did not apply to transactions with members, supported by its accepted Section 80P deduction, earlier scrutiny assessments and departmental recognition of that belief, established reasonable cause. Penalties under Sections 271D and 271E were therefore unsustainable on these facts.

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