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Case Laws GST
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School affiliation services fall outside educational exemption without a direct nexus to admissions or examination conduct.
Consolidated show cause notices may combine financial years governed by Sections 73 and 74 where liabilities are segregated period-wise, each component independently meets limitation and notice requirements, the additional ingredients for fraud-based proceedings are satisfied, and no actual prejudice arises. School affiliation and affiliation-form processing charges are independent taxable supplies where they concern institutional eligibility and compliance, rather than directly and immediately relating to student admission or the conduct of examinations. A broad connection with education does not satisfy the educational-services exemption.
Case Laws GST
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Fraudulent input tax credit requires proof of fictitious supplies, absent goods receipt, and fraud-linked self-assessment, not cancellation alone.
Input tax credit from allegedly non-existent suppliers depends on proof of genuine supply and actual receipt of goods or services, not merely invoices, accounting entries, or banking-channel payments. Section 155 places the burden of establishing ITC eligibility on the claimant. Section 74 requires more than ineligible credit: the wrongful availment must be linked to fraud, wilful misstatement, or suppression to evade tax. Retrospective supplier-registration cancellation is relevant evidence but is not conclusive. A fraud-based notice must disclose facts showing fictitious suppliers, absence of supply, and a basis for inferring the recipient's knowledge or participation.
Case Laws Money Laundering
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Prolonged pre-trial incarceration may justify conditional PMLA bail when delayed trials make continued detention constitutionally disproportionate.
Section 45 of the Prevention of Money-Laundering Act remains the stringent ordinary bail threshold, requiring prosecutorial opportunity and, on opposition, reasonable grounds to believe that the accused is not guilty and unlikely to offend while on bail. Article 21 nevertheless requires a separate, fact-sensitive inquiry where prolonged pre-trial detention and an unrealistic trial timetable make custody disproportionate. Relevant factors include custody length, trial progress, remaining witnesses, secured documentary evidence, source of delay, predicate-case status, and risks of absconding or witness interference. Conditions such as passport surrender, attendance, non-contact directions, and residence disclosure may safeguard the trial.
Case Laws Income Tax
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Prospective operation of stamp-value taxation prevents retrospective application where property agreements and substantial payments predate the charging provision.
Section 56(2)(x)(b) applies to immovable property received for inadequate consideration only where its temporal and valuation conditions are satisfied. A stamp-value difference alone does not establish taxability. Where consideration was fixed and substantial payments or contractual performance occurred before the charging provision commenced, later conveyance or registration does not by itself attract the later charge. Agreement-date valuation is available only for covered transactions where consideration was fixed and paid, wholly or partly, through prescribed banking or electronic modes on or before the agreement date. The tax authority must identify the correct statutory basis and provide a meaningful opportunity to respond.
Case Laws GST
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GST cash seizure limits require statutory relevance and restitutionary interest for unlawfully retained currency following searches.
GST seizure powers cannot be used to take cash as a general investigative measure or security for a possible tax demand. Currency is excluded from goods, and "things" is confined contextually to articles useful or relevant as evidence in GST proceedings. Valid seizure and retention require recorded statutory reasons, procedural compliance and observance of return timelines. Unauthorised retention engages property protections; later return does not cure the deprivation, and accrued interest is restitutionary rather than delayed-refund interest.
Case Laws Income Tax
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Salary expense genuineness requires proof of actual services, business purpose, and fair testing of adverse third-party statements.
Under Section 37(1), salary expenditure is deductible only where it is actually incurred wholly and exclusively for business purposes and is supported by proof of genuine employment, services rendered, business nexus, and payment. Bank transfers and accounting entries alone are not conclusive. Where a third-party statement is central to an allegation of non-genuine salary, the taxpayer should receive disclosure and a meaningful opportunity to rebut it, including cross-examination where appropriate. A retracted and uncorroborated statement is vulnerable as the sole basis for disallowance.
Case Laws Income Tax
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Discounted cash flow valuation remains taxpayer-selected under prescribed rules, while tax scrutiny must identify specific valuation-date defects.
The taxpayer may elect a prescribed DCF valuation for unquoted equity shares, and scrutiny of that method does not permit substitution with Net Asset Value merely because it produces a lower fair market value. The Assessing Officer may examine projections, discount rates, terminal assumptions, computations and source data, but rejection requires demonstrably wrong facts, material errors, a wholly erroneous basis or objectively unsupported assumptions. Subsequent financial performance cannot alone invalidate a bona fide DCF valuation; the relevant inquiry remains the reasonableness of valuation-date information.
Case Laws GST
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Excess IGST on exports remains refundable when later correction triggers automated refund and reconciliation proves duplicate payment.
Refund of excess IGST paid on zero-rated exports may arise where turnover and tax are mistakenly entered under non-zero-rated supplies in FORM GSTR-3B while export invoices and shipping bills are correctly reported in FORM GSTR-1. If the exporter then pays the same IGST in the correct zero-rated field and the automated refund is credited against that later payment, the earlier payment remains a separately identifiable potential excess; its claim is not a repeat request for the same export-tax refund.
Case Laws GST
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GST registration revocation requires timely application, return compliance, payment of dues, and a reasoned statutory decision.
GST registration revocation after cancellation for return default is a conditional, time-bound process. An application under Section 30 and Rule 23 must ordinarily be filed within ninety days, subject to prescribed extension, and cannot be made until pending returns are filed and tax, interest, penalty and late fee are paid. Portal non-acceptance may permit online or physical submission where technically unavailable, but does not condone delay or ensure revocation. The competent authority must assess statutory eligibility, sufficient grounds and compliance while following notice and hearing requirements before rejection.
Case Laws Income Tax
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Reassessment limitation under TOLA requires final notices to issue within surviving time and satisfy statutory safeguards.
Reassessment limitation under TOLA is a jurisdictional restraint. Transitional notices issued between 1 April 2021 and 30 June 2021 are treated as Section 148A(b) show-cause notices, but only the surviving time remaining until 30 June 2021 is available for completing the reassessment process. Periods for supply of material and the assessee's response are excluded, but the Section 148A(d) decision, statutory approval and final Section 148 notice must issue within the remaining period. For Assessment Year 2015-16, post-1 April 2021 notices are treated as time-barred.
Case Laws Customs
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Unseized food consignments cannot face indefinite detention without lawful seizure, valid sampling, and prompt assessment.
Provisional release of an unseized imported food consignment is not mechanically governed by Section 110A, which applies to goods seized under Section 110. Customs may examine, test, verify and reassess imports, but indefinite retention without a seizure memorandum or disclosed reasons connecting the goods with confiscation is not justified. Food sampling should follow the specialised food-safety process through an authorised officer. A valid food-safety report may support conditional clearance, while classification, duty liability, confiscation and adjudication remain open. Revenue may be protected through proportionate security.
Case Laws Customs
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Anti-dumping duty recovery permits post-clearance demands and consequential import IGST where self-assessment omitted an applicable levy.
Unpaid anti-dumping duty omitted during self-assessment may be pursued through the customs recovery procedure without prior appellate modification of the self-assessment. The recovery framework applies to anti-dumping duty through statutory incorporation of provisions concerning assessment, non-levy, short-levy, interest and recovery. Where anti-dumping duty is chargeable, it forms part of the aggregate value used to compute IGST on imports, potentially creating a consequential IGST short-payment. Recovery requires accurate assessment of notification coverage, product, origin, rate, valuation, limitation and procedural safeguards.
Case Laws GST
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Project-wise anti-profiteering requires actual input tax credit measurement and area-based allocation of benefits to real-estate purchasers.
Real-estate anti-profiteering under Section 171 requires project-level identification of additional input tax credit and allocation of the saving across total project area on a per-square-foot basis. Purchase value may quantify credit attributable to project expenditure, but turnover or collections cannot serve as the allocation basis. The comparison must use pre-GST credit actually availed rather than merely available credit. GST collected on consideration inflated by an undistributed benefit forms part of the amount not passed on and remains distinct from statutory interest.
Case Laws Income Tax
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Retirement leave encashment exemption applies under the enhanced notified ceiling while preserving non-government employee classification and statutory conditions.
Section 10(10AA)(ii) governs retirement leave-encashment exemption for non-Government employees, subject to the ten-month earned-leave measure, average-salary computation, and the notified monetary ceiling. Notification No. 31/2023 specifies an enhanced ceiling of Rs. 25,00,000, is deemed effective from 1 April 2023, and certifies that retrospective effect causes no adverse effect. The enhanced ceiling is treated as a remedial rationalisation of an existing exemption and may govern pending earlier-period matters, while preserving the distinction between Government and non-Government employees.
Case Laws GST
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Transit GST jurisdiction limits detention penalties for documented inter-State supplies lacking a local taxable nexus.
Transit-State jurisdiction under GST permits interception, document production, e-way bill verification and authorised physical inspection of goods moving through an intermediate State. It does not, in a pure transit movement, support detention-related penalty for an external inter-State supply where origin and destination lie outside the intercepting State, no tax is payable there, and there is no evidence of diversion, local supply, fictitious or mismatched documents, or mismatch of goods. Cross-empowerment is administrative and does not create an independent territorial taxable nexus.
Case Laws SEBI
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Shareholder ratification cannot cure preferential-issue fund diversion when disclosed objectives are abandoned, triggering securities-market fraud and disclosure concerns.
Post-facto shareholder approval cannot retrospectively validate diversion of preferential-issue proceeds contrary to issue-specific objects disclosed to shareholders and the market. A special resolution authorises the issue but does not permit unrestricted use of proceeds. Periodic deviation reporting, audit-committee review and utilisation disclosures promote transparency; they do not enable diversion followed by later regularisation. Immediate diversion, inadequate commercial justification and missing documentation may indicate that disclosed objects were not genuinely intended to be performed. Later amendment of corporate objects or shareholder ratification cannot cure a completed securities-market disclosure breach.
Case Laws Income Tax
Show AI Summary
Cross-border software payments require copyright-right, technical-service, and permanent-establishment analysis before withholding obligations are determined under applicable treaties.
Section 195 requires withholding only from a remittance to a non-resident that includes income chargeable in India. For software, royalty depends on transfer of copyright rights, not merely the right to install, access, use, or distribute a copyrighted article under restrictive terms. Where a DTAA is more beneficial, its royalty and FTS definitions control; treaty FTS may require technology to be made available. Amounts that are neither royalty nor FTS require consideration as business profits, ordinarily taxable only where profits are attributable to a permanent establishment. Composite payments require component-wise allocation and analysis.
Case Laws GST
Show AI Summary
Personal GST penalty requires proof that the beneficiary retained benefit and directed a covered invoice or credit transaction.
Section 122(1A) may impose personal GST penalty on a registered or unregistered person only for a covered invoice or input tax credit transaction. Liability requires cumulative proof that the individual retained an identifiable personal benefit and that the transaction was conducted at that person's instance. Directorship, employment, registration, signature authority, or association with the taxable entity neither independently establishes nor excludes liability. Proceedings require transaction-specific and person-specific allegations and findings. The provision operates prospectively for underlying acts or transactions occurring on or after 01.01.2021.
Case Laws IBC
Show AI Summary
Proof of tenancy rights governs insolvency recovery of corporate-debtor premises from occupants lacking enforceable possessory interests.
Where premises form part of the corporate debtor's assets, Sections 18 and 25 of the Insolvency and Bankruptcy Code, 2016 require the resolution professional to take custody, control, preservation and protection measures. An occupant resisting recovery must prove a subsisting tenancy, leasehold interest or enforceable licence through reliable evidence of the parties' intended relationship and its essential terms. Permission to stock goods or conduct limited business activity, prolonged occupation, and business or utility records do not independently create rights in the premises. Section 60(5)(c) supports insolvency jurisdiction over asset-recovery measures connected with the insolvency estate.
Case Laws GST
Show AI Summary
GST portal service requires statutory validity and practical accessibility before ex parte adjudication can fairly proceed.
GST portal service is a statutory method under Section 169, but its use in an ex parte demand proceeding depends on effective accessibility and a meaningful opportunity to reply and be heard. Rule 142 requires electronic DRC-01 and DRC-07 summaries to operate alongside the underlying show-cause notice and reasoned order. Portal placement, complete communication, e-mail transmission, technical reliability and proof of actual access may determine whether service is effective, whether waiver applies, and whether appellate limitation begins.

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Comparison of section 253 "Powers of survey." between the Income-Tax Act, 2025 (as passed) and the Income-Tax Bill, 2025 (as originally introduced)

9 September, 2025

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Section 253 Powers of survey.

Income-tax Act, 2025

At a Glance

The document is Clause 253 of the Income Tax Bill, 2025 - (Old Version), setting out powers of survey exercisable by income-tax authorities. It matters because it defines entry, inspection, assistance, impounding and related procedural limits affecting taxpayers, assessing authorities and compliance officers. Affected parties include taxpayers carrying on business/profession/charitable activities, their employees and custodians of records; the issuing or effective date is Not stated in the document.

Background & Scope

Statutory hook: Clause 253 of the Income Tax Bill, 2025, titled "Powers of survey." Coverage: authorises an income-tax authority to enter places where business/profession/charitable activity is carried on (including non-principal places and any place stated to contain books, cash, stock, valuables or computer systems). The clause addresses entry conditions, timing (business hours or after sunrise/before sunset), powers on entry (inspection, technical assistance, verification of assets/stock, recording statements on oath), impounding/retention of documents, inventory of assets, and enforcement powers (reference to section 246(1)). Definitions provided: "income-tax authority" with an enumerated list and inclusion of Inspector of Income-tax for specified sub-sections. The clause describes special entry for verifying TDS/TCS under Chapter XIX-B and permits certain restricted actions in those instances. It does not provide an effective date in the text.

Statutory Provision Mode

Text & Scope

The provision authorises entry into premises where business/profession/charitable activities are carried on, within the assigned area or where the authority exercises jurisdiction, or where authorised by another income-tax authority. Upon entry the inspecting authority may require persons present to provide technical/other assistance (including access codes) to inspect books, documents, computer systems, electronic media or virtual digital space; to provide facilities to check or verify assets/stock; and to furnish information relevant to any proceeding under the Act. Entry timing is constrained to business hours for business places, and to after sunrise/before sunset for other places. For verification of TDS/TCS (Chapter XIX-B), the authority may enter during daylight and require access to books, documents, electronic media, computer systems and virtual digital space. Powers on entry include marking identification on documents, making extracts or copies from electronic media/computer systems, recording statements on oath, impounding and retaining documents (with reasons) for specified periods, and making inventories of assets/stock.

Interpretation

The Bill reflects an intent to modernise survey powers to expressly reach electronic media and virtual digital space, and to require technical assistance including access codes. The text indicates a legislative purpose to equip tax authorities to access digital records and remote storage when verifying compliance. The presence of timing restrictions and a requirement to record reasons for impounding indicates an intent to balance intrusive powers with procedural safeguards. Reference to section 246(1) for enforcement suggests use of pre-existing coercive mechanisms rather than creation of new penal sanctions within the clause.

Exceptions/Provisos

The principal limitations are temporal (business hours or daylight), limitation on actions when entering for Chapter XIX-B verification (the authority acting under sub-section (4) shall only undertake actions referred under sub-sections (5)(a) and (5)(b)), and requirement to record reasons before impounding. There is also an implicit limitation that removal of assets/stock from the premises is prohibited ("shall, on no account, remove or cause to be removed from the place... any asset or stock" - Not stated in the document whether this prohibition is absolute or subject to any exception beyond what's written) .

Illustrations

  • Example 1: A shop open for business is visited during business hours; the authority can require staff to provide access to on-premises accounting software and extract relevant records, mark documents, and, after recording reasons, impound ledger printouts for up to fifteen days.
  • Example 2: For a charitable trust's event, after the function the authority may require the organiser to furnish information regarding expenditure and record statements on oath for use in subsequent proceedings.
  • Example 3: In a TDS verification at a corporate office, the authority may require access to electronic media and virtual digital space to confirm deductions/collections, but may only carry out marking/copying of documents and recording of statements during that entry.

Interplay

The clause expressly invokes Chapter XIX-B (TDS/TCS) and section 246(1) (for enforcement), indicating interplay with existing assessment and enforcement provisions. There is no textual reference to subordinate rules, guidelines, data-protection statutes, or procedural safeguards beyond the recording of reasons and approval requirements for impounding beyond fifteen days. Not stated in the document: any cross-references to evidence law, privacy law, or specific Board instructions governing access to virtual digital spaces.

Differences between the two provisions and practical impact

  • Scope of electronic material: The Bill (Document 2, "Old Version") expressly includes "computer system, or any other material connected with such system including virtual digital space" and, in another sub-clause, "electronic media ... or virtual digital space." The Act version (Document 1, Section 253) uses narrower phrasing: "information in electronic form or on a computer system."
    • Practical impact: The Bill's language is broader and expressly captures cloud/virtual data and ancillary material connected with computer systems; the Act text reduces express reach to "information in electronic form or on a computer system," which may narrow or at least create interpretive questions about whether remote/virtual storage and ancillary system material fall within survey powers.
  • Assistance required on entry: Both versions require provision of "necessary technical and other assistance (including access code)." The Bill's clause (1)(i) explicitly refers to "computer system, or any other material connected with such system including virtual digital space," while the Act omits the phrase "any other material connected ... including virtual digital space" and refers instead to "information in electronic form or on a computer system."
    • Practical impact: The Bill's wording gives clearer authority to demand assistance for inspecting connected materials and virtual spaces; the Act may be read as focused on retrievable information rather than the broader system context.
  • Inspection powers under Chapter XIX-B verification (sub-section (4)): The Bill expressly grants access to "access to electronic media or computer system, or virtual digital space" for verifying TDS/TCS compliance. The Act restricts the language to "books of account or other documents, or information in electronic form or on a computer system."
    • Practical impact: Enforcement relating to TDS/TCS may have broader reach under the Bill wording; the Act's phrasing may require interpretive expansion to cover virtual digital spaces.
  • Impounding and retention wording: The Bill states the authority may "impound and retain in custody any books of account or other documents inspected by it, after recording reasons for doing so, for a period-(i) of fifteen days (exclusive of holidays); or (ii) exceeding fifteen days ... with prior approval." The Act states the authority may "impound after recording reasons for doing so, any books of account or other documents, or any computer system inspected by it, and retain it for a period-(i) up to fifteen days (exclusive of holidays); or (ii) exceeding fifteen days ... with the prior approval."
    • Practical impact: The Act explicitly adds "any computer system" to the list that may be impounded and clarifies retention periods as "up to fifteen days" (versus Bill's "of fifteen days"), arguably the same practical effect but with different drafting emphasis on computer systems in the Act.
  • Restriction on actions under sub-section (4): Both texts state that an income-tax authority acting under sub-section (4) shall undertake only specified actions. The Act (Document 1, sub-section (6)) explicitly states those are the actions under sub-sections (5)(a) and (5)(b). The Bill has parallel wording but formatting differs.
    • Practical impact: Substantively similar; Act wording makes explicit which actions are permissible during TDS/TCS verification entry.
  • Definition of "proceeding": The Act (Document 1, sub-section (11)(B)) contains an express definition of "proceeding" (covering pending, completed, and subsequently commenced proceedings in respect of any year). The Bill (Document 2) does not include that definition.
    • Practical impact: The Act's explicit definition broadens clarity that survey material can be used for multiple stages of assessment or later proceedings; the Bill leaves this potentially ambiguous.
  • Inclusion of Inspector of Income-tax: Both versions include Inspector of Income-tax for limited purposes, though the Act sets out the inclusion within sub-clause labelling (11)(A)/(B) and specifies subordinate relationship "as specified by the Board."
    • Practical impact: Largely administrative/drafting differences; both permit limited use of Inspectors for designated actions.
  • Other drafting and structural differences: Minor differences in clause sequencing and phrasing (e.g., use of "exclusive of holidays," "up to" vs "of"), and the Act's explicit prohibition on removal of assets (sub-section (7)) mirrors the Bill but with slightly different placement.
    • Practical impact: Mostly interpretive/drafting; the Act is marginally more detailed in certain definitions (notably "proceeding") and in expressly including computer systems for impoundment, while the Bill more explicitly referenced virtual digital space and electronic media.

Practical Implications

  • Compliance and risk areas: Taxpayers should be prepared to provide technical assistance and access codes on survey entry; failure or evasion exposes them to enforcement u/s 246(1). The express reach to electronic media and virtual digital space increases exposure of cloud-stored records during surveys.
  • Record-keeping/evidence: Taxpayers should maintain accessible copies of records, documented chain of custody for electronic records, and contemporaneous explanations of transactions likely to be scrutinised. Given the power to mark and copy, maintaining integrity and availability of archives and backups is important. Not stated in the document: retention periods or specific standards for electronic evidence preservation beyond usual record-keeping obligations.

Key Takeaways

  • Clause 253 authorises robust survey powers, including entry, technical access (including access codes), marking, copying and impounding of records.
  • The Bill explicitly targets electronic media and virtual digital space, reflecting attention to digital records; it also permits access for TDS/TCS verification.
  • Temporal limits apply: business-hours or daylight entries and distinct restrictions when entry is for TDS/TCS verification.
  • Impounding requires reasons to be recorded; retention beyond fifteen days needs prior approval.
  • Non-compliance with survey requisitions triggers enforcement powers u/s 246(1).
  • The Bill lists authorised officers and permits Inspectors of Income-tax to act for limited purposes; however, some procedural and privacy safeguards are not detailed in the clause.

Full Text:

Section 253 Powers of survey.

Topics

Acts Income Tax