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Case Laws IBC
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Commercial wisdom of committee of creditors governs resolution plan approval, limiting valuation and standing challenges by promoters.
Exclusion of the creditor was non irregular as no claim was filed; undervaluation allegations were rejected since opportunities to raise them during the CIRP were not used; the resolution plan satisfied Committee approval requirements and reflected the Committee's commercial wisdom; and a suspended director/promoter lacked standing to challenge the approved plan, underscoring limited judicial interference post approval.
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Input tax credit denial over supplier deregistration; remanded for document verification and fresh adjudication to determine genuineness.
Denial of Input Tax Credit was challenged where the supplier's registration was retrospectively cancelled; the petitioner paid through bank and the supplier appeared on records at the time. The High Court remanded the matter for fresh adjudication, directing the appellate authority to reconsider the petitioner's documentary evidence, hold a hearing, and pass a reasoned order verifying genuineness and timing of transactions; if purchases are genuine and occurred prior to cancellation, ITC is to be considered per precedent.
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Input Tax Credit as legislative concession: entitlement subject to statutory conditions, but retrospective deprivation of vested accruals is vulnerable.
Input Tax Credit (ITC) is a legislative concession, not a vested right, so the legislature may lawfully prescribe eligibility conditions and procedural limits which taxpayers must strictly satisfy; however, retrospective amendments that destroy or diminish an already accrued entitlement are susceptible to challenge and have been treated as impermissible when they impair rights that vested before the amendment.
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Majority decision with third member nomination resolves member disagreements in advance ruling panels, enabling electronic pronouncement and communication.
Amendments to the e advance rulings Scheme require the Board for Advance Rulings to consider responses, provide an opportunity of being heard by video conferencing or video telephony, pronounce the advance ruling and send it to the applicant and relevant authority. If Members differ on any point, the Principal Chief Commissioner (International Taxation) will nominate a Member from another Board and the majority opinion, including the nominated Member, will prevail in deciding the disputed point or points.
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Turnover computation for derivatives and speculation: include absolute differences and option premiums under tax audit rules.
Turnover for tax audit purposes differs by transaction type: speculative transactions use the aggregate of realised favourable and unfavourable differences; derivatives, futures and options use the absolute total of favourable and unfavourable differences with option premium included unless already counted in net profit; reverse trade differences are included; delivery based transactions use total sales value as turnover.
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Income deemed to accrue in India when linked to an Indian business connection, property, services, or specified payments.
Section 9 deems income arising outside India to accrue in India where it is derived directly or indirectly from a business connection in India, from property or a source of income in India, or from transfer of a capital asset situated in India. It also treats salary for services rendered in India, government-paid salary to Indian citizens for foreign services, dividends by Indian companies to non-residents, and specified interest, royalties and technical fees (subject to exceptions based on use outside India) as deemed to accrue in India. Gifts by residents to non-residents after 5 July 2019 are similarly deemed.
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Game of skill excludes gambling under GST; nomen juris applied to classify Rummy as skill based for tax purposes.
The classification of Rummy under GST depends on whether skill predominates over chance; applying the principle of nomen juris, judicially established meanings of "gambling," "game of chance," and "game of skill" must be used. Rummy requires memorisation and strategic holding and discarding of cards and has been regarded as a game of skill. Consequently, the terms betting and gambling in the GST context should not be read to include games of skill, and selective reliance on stray judicial language to levy tax on such games is impermissible.
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Current repairs classification distinguishes capital expenditure from revenue deductions for building and machinery repairs under income tax rules.
Classification of current repairs determines whether expenditures on buildings and on plant and machinery are revenue deductions or capitalised: enduring benefit or substantial enhancement is capital, while routine restorative or replacement outlays that merely maintain existing earning capacity are revenue; Sections 30 and 31 provide the statutory context for rent, rates, taxes, repairs and insurance for buildings and for machinery, plant and furniture.
Case Laws Income Tax
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Ownership for unexplained articles must reflect real ownership rights, not mere carrier possession, to trigger tax implications.
Section 69A applies only where the assessee can properly be regarded as the owner of the item and the item is an other valuable article; a carrier or bailee lacks ownership rights unless wrongful retention or misappropriation confers exclusive control akin to ownership, and an article qualifies as "valuable" by per unit marketability and premium price rather than aggregate value of ordinary low cost goods such as bitumen.
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Reporting entity obligations require identity verification, enhanced due diligence and prescribed recordkeeping to support regulatory oversight.
Reporting entities must verify client identity and beneficial ownership, perform enhanced due diligence on specified transactions including examining ownership, financial position and sources of funds, and record transaction purpose and intended relationship. They must maintain and furnish records in the prescribed manner for a prescribed retention period, respond to Director requests for records and information while maintaining confidentiality, and comply with rules on record maintenance and furnishing.
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Reporting entity designation expands under PMLA, bringing new activities and professionals within AML obligations.
The PMLA targets prevention of money laundering and confiscation of proceeds; money laundering encompasses concealment, possession, acquisition, use or projection of proceeds as untainted property through placement, layering and integration. A reporting entity-including banks, financial institutions, intermediaries and persons carrying on designated businesses or professions-is subject to AML obligations. Central Government notifications expand the definition of designated businesses to include specified professionals, real estate agents, dealers in precious metals, virtual digital asset service activities and provider functions such as company formation agents, nominee shareholders and registered office providers, with prescribed exclusions.
Case Laws Income Tax
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Tax deduction denial for pharmaceutical freebies: expenses excluded under Explanation 1 to Section 37(1) as prohibited by law.
Whether expenditures by pharmaceutical companies for distribution of incentives to medical practitioners are allowable under Section 37(1) depends on Explanation 1 to Section 37(1), which disallows deductions for purposes that are an offence or are prohibited by law; because medical ethics regulations prohibit doctors from accepting such freebies and attach punishments, donors' provision of those incentives is treated as participation in proscribed conduct and such expenses are not allowable as business deductions.
Case Laws Income Tax
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Belated employees' contribution: deduction disallowed when not deposited by prescribed statutory due date; employer contribution treated differently.
Non-deposit of employees' contribution within the due date prescribed under the respective provident/insurance statute results in disallowance of the employer's deduction, whereas employer contributions are subject to a separate payment-based rule that defers deduction until actual payment. The statutory scheme preserves distinct treatment: employee contributions must be credited by the statutory due date to qualify as deduction, while employer contributions may be allowed on a payment basis when actually paid.
News Bills
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Optional personal tax regime clarified with default slab rules, restricted deductions, and surcharge plus cess implications.
Existing special-rate provisions for companies and cooperative societies remain unchanged for AY 2023-24 while Part I of the First Schedule prescribes standard slab rates for other assessees; the optional personal tax regime permits eligible individuals and HUFs to elect alternative slab rates with disallowance of most deductions except specified allowances, procedural rules govern exercise and revocation of the option, and surcharge, marginal relief and a fixed health and education cess apply with specified caps and computation rules.
News Bills
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TDS rates and surcharge framework for the fiscal year set; winnings from online games are subject to withholding at a specified rate.
TDS rates for non-salary incomes for FY 2023-24 remain as in the prior schedule and apply under the specified withholding provisions; the schedule now also covers withholding on online gaming winnings at the rate set in the Bill. Prescribed section rates govern deduction. A multi-tier surcharge regime increases deducted tax by differing rates across taxpayer categories and income bands, with caps limiting surcharge on dividend and specified capital-gains income and an alternative-regime surcharge restriction. Health and Education Cess of four percent applies on tax including surcharge where applicable.
News Bills
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TDS on salaries: prescribed deduction rates and advance-tax computation clarified, with limited change for incomes under section 115BAC.
Part III of the Finance Bill prescribes rates for TDS on salaries and the computation of advance tax for the fiscal year, and those rates also apply when charging tax in provisional or accelerated assessments. The schedules apply across categories of taxpayers-individuals, cooperatives, firms, local authorities and companies-and the overall rate structure remains unchanged except for incomes governed by the alternative optional tax regime; the Bill also notes the continuing framework for tax rebate entitlement.
News Bills
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New Default Tax Regime: revised slab rates apply for individuals and HUFs, with optional alternative regime and surcharge caps.
Default tax rates under section 115BAC(1A) govern income-tax computation for individuals, HUFs, AOPs, BOIs and specified artificial juridical persons for FY 2023-24, with a progressive slab structure; taxpayers may opt under proposed section 115BAC(6) to instead be taxed under the alternative rates in Part III, which set different exemption limits for ordinary residents and senior citizens. The Bill includes a graduated surcharge regime for higher incomes, provides caps on surcharge where income includes dividends or specified capital gains, limits surcharge for AOPs consisting only of companies, and restricts surcharge rates for persons taxed under section 115BAC(1A); marginal relief is provided at surcharge thresholds.
News Bills
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Co-operative society tax rates updated: surcharge tiers retained; new concessional options introduced for qualifying manufacturing societies.
Co-operative societies will continue under the existing income-tax rate structure with a tiered surcharge framework for higher total income and marginal relief. Resident societies satisfying statutory conditions may opt for an optional reduced tax regime with a specified surcharge. Newly established manufacturing co-operative societies that commence production within a prescribed window and do not claim specified incentives may opt into a concessional tax regime for subsequent assessment years, subject to surcharge.
News Bills
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Surcharge on firms applies beyond income threshold, with an upper cap limiting excess tax liability.
The Finance Bill 2023 maintains the existing rate of income-tax for firms and imposes a surcharge on firms whose total income exceeds the statutory threshold; the surcharge is added to income-tax but is capped so that the total tax plus surcharge on income above the threshold does not exceed, by more than the excess income, the income-tax payable on income at the threshold level.
News Bills
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Local authority income-tax rate retained, with a capped surcharge limiting additional liability above the income threshold.
The Finance Bill maintains the existing specified income-tax rate for local authorities and imposes a surcharge on income-tax where total income exceeds a threshold; it caps the combined income-tax and surcharge liability so that the total payable on income above the threshold does not exceed the tax on the threshold amount by more than the excess income.

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Supreme Court Upholds High Court's Decision on Tax Evasion Case: An Analysis

22 January, 2024

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Deciphering Legal Judgments: A Comprehensive Analysis of Case Law

Reported as:

2023 (6) TMI 1045 - SC Order

Introduction

The Supreme Court's decision to not interfere with Delhi High Court ruling [2022 (11) TMI 1138 - DELHI HIGH COURT] in a notable income tax evasion case marks a significant moment in the legal landscape. This article examines the implications of the Supreme Court's stance, particularly in the context of reassessment proceedings and accommodation entries in tax evasion cases.

It is worth to note that, the High Court court dismissed the writ petitions [2022 (11) TMI 1138 - DELHI HIGH COURT], holding that disputed questions of fact could not be adjudicated in a writ court. It was determined that the matter should be decided by the Assessing Officer on its merits, without the High Court examining the merits of the controversy.

The Supreme Court's Decision

The Supreme Court's refusal to intervene typically signifies its agreement with the lower court's judgment or its view that the case does not warrant further judicial scrutiny. This decision often rests on principles like the adequacy of the legal reasoning in the lower court's judgment or the absence of substantial legal errors.

Implications of the Supreme Court's Stance

  1. Affirmation of Legal Principles: The Supreme Court's decision not to interfere can be seen as an affirmation of the legal principles and findings applied by the Delhi High Court. It underscores the validity of the judicial reasoning employed in reassessment proceedings related to tax evasion.

  2. Strengthening Judicial Precedence: This stance potentially strengthens the precedence set by the Delhi High Court, especially regarding the treatment of accommodation entries and the rigorous scrutiny of alleged tax evasion schemes.

  3. Impact on Future Tax Evasion Cases: The Supreme Court's decision may influence future cases involving similar allegations of tax evasion and reassessment proceedings, guiding how lower courts and tax authorities approach such matters.

Conclusion

The Supreme Court's decision not to interfere with the Delhi High Court's ruling in this significant tax evasion case highlights the judiciary's stringent approach towards alleged tax evasion and reinforces the principles governing reassessment proceedings under the Income Tax Act.

 


Full Text:

2023 (6) TMI 1045 - SC Order

Topics

Acts Income Tax