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    Case LawsIncome Tax
    Jurisdictional Prerequisites for Initiating Reassessment u/s 148: Non-Depoist of TDS by the Employer
    Case LawsIncome Tax
    Revisiting the Scope of "Record" u/s 263: Embracing Subsequent Records
    Case LawsIncome Tax
    Interpreting "Record": Revisiting the Scope of Revision Powers u/s 264 and Rectification of Mistake ...
    The Doctrine of Natural Justice in GST Proceedings: A Case Study on Show Cause Notice u/s 74"
    Input Tax Credit (ITC) and the Concept of "Plant" under GST: Supreme Court
    Case LawsCustoms
    Inordinate Delay in Adjudication: High Court's Stance on Quashing Show Cause Notices
    Case LawsCustoms
    Inordinate Delay in Adjudication: Upholding the Principles of Natural Justice
    Case LawsIncome Tax
    Supreme Court Upholds Validity of Re-Assessment Notices Issued During COVID-19 Lockdown
    Case LawsIndian Laws
    Unraveling the Mineral Rights Regime: The Supreme Court's Landmark Judgment
    Case LawsIncome Tax
    Navigating the Faceless Assessment Regime: A Judicial Perspective
    Case LawsIncome Tax
    Evidentiary Value of Statements Recorded During Income Tax Surveys: A Judicial Analysis
    Case LawsIncome Tax
    Faceless Assessment: Ensuring Compliance with Statutory Provisions
    Case LawsIncome Tax
    Faceless Assessment Mechanism: Jurisdictional Limits in Income Tax Proceedings
    Case LawsIncome Tax
    Reassessment Notices for AY 2013-14: Upholding the Doctrine of Limitation
    Principles of Tax Fairness and Mens Rea: Quashes Penalty for Mere Technical Errors
    Case LawsIncome Tax
    Decoding the Mandatory Timelines: A Thorough Examination of the Income Tax Assessment Order Nullific...
    Expiry of E-Way Bill AND Mens Rea: Technical Violation Alone Insufficient for Penalty Imposition
    Maintainability of Appeals: High Court Upholds Strict Interpretation of Limitation Provisions in GST...
    Case LawsIncome Tax
    Stay of Tax Demand: Interpreting the Discretionary Power u/s 220(6) of the Income Tax Act
    Case LawsIncome Tax
    Interpreting "Technical Services" under Tax Treaties: A Comprehensive Analysis
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    Case LawsIncome Tax
    Show AI Summary
    Jurisdictional prerequisite: notice in the name of a deceased person invalidates reassessment initiation under Section 148.
    A notice under Section 148 issued in the name of a deceased person is a jurisdictional defect because a valid notice to the correct person is a condition precedent to reopening an assessment; legal representatives have no statutory duty to intimate death; where salary tax has been deducted at source, reassessment cannot be pursued against the deceased or their representatives, and employer non-deposit of TDS does not create an outstanding demand against the assessee or their legal representatives.
    Case LawsIncome Tax
    Show AI Summary
    Revisional power: Commissioner may consider subsequent records available at time of examination in tax proceedings.
    The Court construed the Commissioner's revisional power to permit consideration of all materials relating to the proceeding that are available at the time of his examination, including documents and valuation reports that came on the file after the assessment order; the Explanation to the provision was read as clarificatory, giving an inclusive meaning to "record" rather than restricting it to what the Assessing Officer had when passing the assessment.
    Case LawsIncome Tax
    Show AI Summary
    Revision powers under section 264: Commissioner must consider expanded record and rehear revision petitions on merits.
    The Court held that the Commissioner must consider a revision petition on its merits and that the term record in revision proceedings extends beyond the return and assessment order to include material from other sources and prior assessments. It emphasised consistency in treatment of continuing transactions and required the Principal Commissioner to take into account all relevant materials, identify any apparent mistakes, afford a personal hearing, and pass a reasoned order within a short timeframe.
    Case LawsGST
    Show AI Summary
    Natural justice in tax proceedings: show cause notices must allege fraud or concealment before enhanced recovery is invoked.
    The court quashed the enhanced-provision show cause notice for failing to allege the essential elements of fraud, willful misstatement, or suppression of facts and held that the enhanced regime may be invoked only when the adjudicating authority is prima facie satisfied of those elements and records that satisfaction in the notice; absent such express allegations the proceedings are without jurisdiction though fresh proceedings may be initiated with a proper notice.
    Case LawsGST
    Show AI Summary
    Plant classification under GST: functionality test determines ITC eligibility for buildings serving special technical requirements.
    The expression plant or machinery in Section 17(5)(d) of the CGST Act must be interpreted by reference to functionality rather than by equating it with the statutory definition of "plant and machinery." A building qualifies as a plant for ITC purposes if, on the facts, it was planned and constructed to serve the assessee's special technical or operational requirements. The functionality test is fact-specific and requires case-by-case analysis of the building's role in the assessee's business.
    Case LawsCustoms
    Show AI Summary
    Inordinate delay in adjudication bars further proceedings on stale show cause notices absent a reasonable explanation.
    The court found the delay from 2008 to 2021 inordinate and unexplained, concluding the respondents did not provide a reasonable explanation; the delayed transfer to the call book without intimation breached statutory intimation requirements, and established precedent limits reliance on higher authority to excuse gross unexplained delays in adjudication of show cause notices.
    Case LawsCustoms
    Show AI Summary
    Inordinate delay in adjudication undermines procedural fairness and bars continuation of prolonged, unexplained proceedings.
    The court found that prolonged, unexplained delay in adjudicating a show cause notice breached procedural fairness and natural justice, causing irretrievable prejudice by impairing evidence preservation and business planning. Delay attributable to the revenue authorities, contrary to Tribunal directions for timely disposal, rendered continuance of proceedings unsustainable and emphasized the necessity of justifying delay and ensuring timely adjudication.
    Case LawsIncome Tax
    Show AI Summary
    Pandemic relief legislation upheld: re-assessment notices issued during lockdown remain valid despite later procedural rule.
    The court interpreted the pandemic relief legislation as providing comprehensive relief that extended to procedural obligations in force at the time of issuance, not confined solely to extensions of time. It applied the principle that statutes operate prospectively and concluded the later-introduced procedural provision does not apply retrospectively to invalidate earlier-issued re-assessment notices, limiting its analysis to the validity of issuance and not the merits of re-assessment proceedings.
    Case LawsIndian Laws
    Show AI Summary
    Central legislative competence over mineral regulation affirmed; royalties characterised as compensation for resource depletion, limiting state levies.
    The Court concluded that the central legislative framework occupies the field of mineral regulation and that royalties are compensation for depletion of state-owned natural resources, not conventional taxes; consequently the Centre may impose such levies while States remain constrained from imposing royalties in the nature of compensation that would encroach on the Centre's exclusive regulatory domain.
    Case LawsIncome Tax
    Show AI Summary
    Faceless assessment mechanism requires reassessment steps to follow a centralized faceless procedure, otherwise territorial officer lacks jurisdiction.
    The Scheme framed under the enabling provision must be read to include preliminary proceedings linked to reassessment, so that reassessment initiation and related steps follow the faceless mechanism; concurrent exercise of territorial and faceless functions would undermine the Scheme's purpose and render steps taken outside the faceless protocol inconsistent with the statutory framework.
    Case LawsIncome Tax
    Show AI Summary
    Evidentiary value of survey statements: survey disclosures lack conclusive weight and require independent corroboration.
    Statements recorded during a tax survey are permissive and not taken on oath, so they are not conclusive evidence by themselves; they cannot be treated as inherently incriminating material to justify reopening assessments or making additions without independent corroboration, and must be recorded free of coercion in line with administrative instructions and judicial precedents.
    Case LawsIncome Tax
    Show AI Summary
    Faceless assessment jurisdiction: JAO lacked authority under the statutory faceless procedure, invalidating improperly issued notices.
    The court determined that reassessment notices and related proceedings were inconsistent with the statutory faceless assessment framework because they were issued without following the prescribed allocation of jurisdiction and procedural sequence under the faceless mechanism; administrative orders purportedly exempting cases were not read to displace the statutory requirements and earlier precedent interpreting the faceless provisions was applied.
    Case LawsIncome Tax
    Show AI Summary
    Faceless Assessment: statutory scheme governs jurisdiction and extends to central and international taxation proceedings.
    The court analysed Section 151A read with Sections 144B and 148A and held that administrative instructions dated March 31, 2021 and September 6, 2021 issued under section 119 apply only to assessment orders and do not extend to proceedings under Sections 148A and 148; those instructions cannot be read into the scheme notified on March 29, 2022. The mandatory faceless procedure under Sections 144B and 151A applies to notices and proceedings, including central charges and international taxation charges, and notices issued outside that mechanism fall outside the statutory jurisdictional framework.
    Case LawsIncome Tax
    Show AI Summary
    Doctrine of limitation prevents revival of lapsed reassessment powers; administrative instructions cannot "travel back in time."
    The court held that when the right to reopen assessment had already lapsed under the pre amended limitation regime, subsequent amendments or administrative instructions could not revive that right; administrative attempts to "travel back in time" and extend limitation were invalid, assessees retain the defence of limitation, and pandemic era notifications did not cover years whose limitation had already expired.
    Case LawsGST
    Show AI Summary
    Mens rea requirement in tax penalties: technical errors without intent cannot justify penalty imposition under GST compliance.
    Requirement of mens rea for imposition of tax penalties is central where e Way Bill compliance is questioned. Mere procedural or timing inconsistencies, without evidence of intent to evade tax and where valid tax invoices accompany the goods and tax has been charged, do not justify penal action. Authorities must establish culpable intent with cogent reasoning and comply with procedural and natural justice safeguards before imposing penalties.
    Case LawsIncome Tax
    Show AI Summary
    Mandatory timelines under Section 144C require assessments to be completed within the prescribed month after DRP direction, else invalid.
    Once the DRP framed directions, the Assessing Officer was obliged to complete the assessment in conformity with those directions within one month from the end of the month in which the DRP's direction was served; service by uploading the DRP directive on the ITBA portal constitutes valid service for computing that period. The procedure does not envisage further involvement of the Transfer Pricing Officer once the DRP's direction is issued and an order under the transfer pricing provision has been remitted to the AO.
    Case LawsGST
    Show AI Summary
    Mens rea requirement: technical expiry of an e way bill alone cannot justify a tax penalty without intent to evade.
    The court held that a purely technical lapse in E Way Bill formalities - where goods were otherwise covered by two e invoices and two E Way Bills and there was no dispute on consignor, consignee or goods - does not demonstrate the mens rea necessary to impose a penalty under the tax penal provision; authorities' focus on the expired E Way Bill alone was legally insufficient given documentary explanations and absence of intent to evade tax.
    Case LawsGST
    Show AI Summary
    Exclusion of Limitation Act: GST Act's specific appellate time limits operate as a self contained code, barring general extensions.
    The court analysed whether the GST Act's appellate limitation regime operates as a complete code excluding the general Limitation Act. It applied the principle that fiscal statutes with detailed procedural and temporal rules are to be strictly construed, treating the special statute's limitation provision as implying exclusion of the Limitation Act's extension mechanism, and emphasised policy aims of expeditious dispute resolution, revenue certainty and administrative finality.
    Case LawsIncome Tax
    Show AI Summary
    Assessing Officer discretion in granting stay of tax demand cannot be rigidly constrained by administrative OMs, requiring case specific consideration.
    The Assessing Officer's discretionary power under section 220(6) to grant stay of tax demand is not fettered by CBDT Office Memorandums; those OMs are administrative guidelines and do not mandate a uniform pre deposit. The AO must consider prima facie case, likelihood of success, and undue hardship and may require a higher, lower or no deposit depending on case specific facts. Administrative adjustment of refunds without considering a pending stay application was held arbitrary and the matter was remitted for reconsideration applying these principles.
    Case LawsIncome Tax
    Show AI Summary
    Technical services interpretation requires specialized expertise and a demonstrable link to payments for withholding tax consequences.
    Interpretation of technical services under the India Ireland DTAA requires the application or transfer of specialized knowledge, skill or expertise; incidental training or assistance enabling a reseller to market standard software does not meet that threshold. The Reseller Agreement did not contemplate technology transfer or bespoke solutions, payments were tied to reseller net revenue, and the record lacked material linking remittances to customized technical services. Authorities must establish an evidentiary and contractual nexus between payments and provision of specialized technical services before applying withholding tax under the treaty.

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      OTHER PROPOSALS INVOLVING CHANGES IN BASIC CUSTOMS DUTY RATES IN RESPECTIVE NOTIFICATIONS [with effect from 2.2.2021, unless specified otherwise]

      1 February, 2021

      Contents
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      Budget 2021-22 + FINANCE Bill, 2021

      OTHER PROPOSALS INVOLVING CHANGES IN BASIC CUSTOMS DUTY RATES IN RESPECTIVE NOTIFICATIONS [with effect from 2.2.2021, unless specified otherwise]

      S. No

      Chapter, Heading, sub- heading, tariff item

      Commodity

      From

      To

       

       

      Agricultural Products and By Products

       

       

      1.

      2207 20 00

      Denatured Ethyl Alcohol (ethanol) for use in manufacture of excisable goods

      2.5%

      5%

      2.

      23

      All goods except dog and cat food and shrimp larvae feed

      Nil/ 5%/

      10%/

      15%/

      20%/

      30%

      15%

       

       

      Minerals

       

       

      3.

      2528

      Natural borates and concentrates thereof

      Nil/5%

      2.5%

        

      Fuels, Chemicals and Plastics

        

      3.

      2710

      Naphtha

      4%

      2.5%

      5.

      2907 23 00

      Bis-phenol A

      Nil

      7.5%

      6.

      2910 30 00

      Epichlorohydrin

      2.5%

      7.5%

      7.

      2933 71 00

      Caprolactam

      7.5%

      5%

      8.

      3907 40 00

      Polycarbonates

      5%

      7.5%

      9.

      3908

      Nylon chips

      7.5%

      5%

      10.

      3920 99 99

      Other plates, sheets, films, etc. of other plastics

      10%

      15%

        

      Leather

        

      11

      41

      Wet blue chrome tanned leather, crust leather, finished leather of all kinds, including splits and sides of the aforesaid

      Nil

      10%

        

      Textiles

        

      12.

      5002

      Raw Silk (not thrown)

      10%

      15%

      13.

      5004, 5005,

      5006

      Silk yarn, yarn spun from silk waste (whether or not put up for retail sale)

      10%

      15%

      14.

      5201

      Raw Cotton

      Nil

      5% +

      5% AIDC*

      15.

      5202

      Cotton waste (including yarn waste or garneted stock)

      Nil

      10%

      16.

      5402, 5403,

      5404, 5405

      00 00, 5406,

      5501 to 5510

      Nylon Fibre and Yarn

      7.5%

      5%

        

      Gems and Jewellery Sector

        

      17.

      7106

      Silver

      12.5.%

      7.5%+

      2.5% AIDC*

      18.

      7106

      Silver Dore

      11%

      6.1% +

      2.5%

      AIDC*

      19.

      7108

      Gold

      12.5%

      7.5%+

      2.5% AIDC*

      20.

      7108

      Gold Dore

      11.85%

      6.9%+

      2.5% AIDC*

      21.

      7107 00 00,

      7109 00 00,

      7111 00 00

      Base metals or precious metals clad with precious metals

      12.5%

      10%

      22.

      7110

      Other precious metals like Platinum, Palladium, etc.

      12.5%

      10%

      23.

      7112

      Waste and scrap of precious metals or metals clad with precious metals

      12.5%

      10%

      24.

      7112

      Spent catalyst or ash containing precious metals

      11.85%

      9.17%

      25.

      7113

      Gold or Silver Findings

      20%

      10%

      26.

      7118

      Coin

      12.5%

      10%

       

       

      Metals

       

       

      27.

      7204

      Iron and steel scrap, including stainless steel scrap [up to 31.03.2022]

      2.5%

      Nil

      28.

      7206 and

      7207

      Primary/Semi-finished products of non-alloy steel

      10%

      7.5%

      29.

      7208, 7209,

      7210, 7211,

      7212, 7225

      (except 7225

      11 00) and

      7226 (except

      7226 11 00)

      Flat products of non-alloy and alloy steel

      10%

      /12.5%

      7.5%

      30.

      7213, 7214,

      7215, 7216,

      7217, 7221,

      7222, 7223,

      7227 and

      7228

      Long product of non-alloy, stainless and alloy steel

      10%

      7.5%

      31.

      7225

      Raw materials for use in manufacture of CRGO steel [up to 31.03.2023]

      2.5%

      Nil

      32.

      7404

      Copper Scrap

      5%

      2.5%

      33.

      7318

      Screw, bolts, nuts, etc. of iron and steel

      10%

      15%

       

       

      Capital Goods

       

       

      34.

      8430

      Tunnel boring machines

      Nil

      7.5%

      35.

      8431

      Parts and components for manufacture of tunnel boring machines with actual-user condition IT,

      Nil

      2.5%

       

       

       

      Electronics and Renewable

       

       

      36.

      8544 (other

      than 8544 70

      and 8544 30

      00)

      Specified insulated wires and cables

      7.5%

      10%

      37.

      39, 74 and

      85

      Former, bases, bobbins, brackets; CP wires; P.B.T.; Phenol resin moulding powder; Lamination/ El silicon steel strips for use in manufacture of transformers (entry at S.No. 198 of 25/1999- Customs)

      Nil

      Applica ble rate

      38.

      Any Chapter

      Inputs or parts for manufacture of Printed Circuit Board Assembly (PCBA) of cellular mobile phone

      (w.e.f. 1.4.2021)

      Nil

      2.5%

      39.

      Any Chapter

      Inputs or parts for manufacture of camera module of cellular mobile phone

      (w.e.f. 1.4.2021)

      Nil

      2.5%

      40.

      Any Chapter

      Inputs or parts for manufacture of connectors of cellular mobile phone

      (w.e.f. 1.4.2021)

      Nil

      2.5%

      41.

      Any Chapter

      Inputs or raw material for manufacture of specified parts like back cover, side keys etc. of cellular mobile phone

      (w.e.f. 1.4.2021)

      Nil

      2.5%

      42.

      Any Chapter

      Inputs or raw material (other than PCBA and moulded plastics) for manufacture of charger or adapter of cellular mobile phones

      Nil

      10%

      43.

      8504 90 90

      or

      3926 90 99

      Moulded plastics for manufacture of charger or adapter

      10%

      15%

      44.

      Any Chapter

      Inputs or parts of Printed Circuit Board Assembly of charger or adapter of cellular mobile phones

      Nil

      10%

      45.

      Any Chapter

      Inputs or parts of Moulded Plastic of charger or adapter of cellular mobile phones

      Nil

      10%

      46.

      Any Chapter

      Inputs or raw materials (other than Lithium-ion cell and PCBA) of Lithium-ion battery or battery pack

      (w.e.f. 1.4.2021)

      Nil

      2.5%

      47.

      Any Chapter

      Parts or components of PCBA of Lithium-ion battery or battery pack

      (w.e.f. 1.4.2021)

      Nil

      2.5%

      48.

      Any Chapter

      Inputs or raw materials of following goods: -

      1. Other machines capable of connecting to an automatic data processing machine or to a network (8443 32 90)
      2. Ink cartridges, with print head assembly (8443 99 51)
      3. Ink cartridges, without print head assembly (8443 99 52)

      (iv)Ink spray nozzle (8443 99 53) (w.e.f. 1.4.2021)

      Nil

      2.5%

      49.

      Any Chapter

      Inputs and parts of LED lights or fixtures including LED Lamps

      5%

      10%

      50.

      Any Chapter

      Inputs for use in the manufacture of LED driver or MCPCB (Metal Core Printed Circuit Board) for LED lights or fixtures including LED Lamps

      5%

      10%

      51.

      9405 50 40

      Solar lanterns or solar lamps

      5%

      15%

      52.

      8504 40

      Solar Inverters

      5%

      20%

      53.

      9503

      Parts of Electronic Toys for manufacture of electronic toys Aviation Sector

      5%

      15%

      54.

      Any Chapter

      Components or parts, including engines, for manufacture of aircrafts or parts of such aircrafts, by Public Sector Units under Ministry of Defence subject to condition specified.

      Medical devices

      2.5%

      0%

       

      55.

      9018-9022

      Medical Devices imported by International Organization and Diplomatic Missions

      Health Cess @ 5%

      Health Cess @ Nil

        

      Goods imported under Project Import Scheme

        

      56.

      9801

      High Speed Rail Projects being brought under project imports

      Applicable Rate

      5%

      57.

      8714 91 00,

      8714 92,

      8714 93,

      8714 94 00,

      8714 95,

      8714 96 00,

      8714 99

      All goods other than Bicycle parts and components

      10%

      15%

      * Agriculture Infrastructure and Development Cess

       


       

      Full Text:

      Budget 2021-22 + FINANCE Bill, 2021

      Topics

      ActsIncome Tax