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    Case LawsIncome Tax
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    Reassessment under Section 148A: disputed factual issues on accommodation entries directed to the assessing officer for factual determination.
    The High Court required detailed scrutiny of alleged accommodation entries and the genuineness of share transactions under the reassessment procedure, noting taxpayers' disclosure of income as Short Term Capital Gains. Applying precedents on judicial review, the court held that disputed factual questions and the procedural validity of reassessment are to be determined by the Assessing Officer rather than in writ proceedings, absent evidence of arbitrariness or limitation breach.
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    Section 148A preliminary enquiry limits inquiry to existence of information before reassessment and preserves assessee procedural rights.
    Preliminary enquiries under the post amendment reassessment procedure require the assessing officer to possess tangible information suggesting escaped income and to afford the assessee an opportunity to respond before issuing a reassessment notice; the officer's inquiry at this stage is limited to ascertaining existence of such information and does not adjudicate the merits, while procedural protections-objection, access to information, and appellate remedies-remain available.
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    Co accused statements: cannot alone ground smuggling conviction; requires corroboration and procedural compliance to protect presumption of innocence.
    A solitary declaration by a co accused is insufficient to establish participation in a smuggling offence without independent corroborative evidence linking the accused to the seized goods or operation; reliance on such statements without examination and opportunity for cross examination undermines their evidentiary value and contravenes fair trial protections and the presumption of innocence.
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    Monetary limits for appeals reshape Revenue litigation strategy, reducing low stake appeals and encouraging selective prosecution.
    The court treated CBDT instructions on monetary limits as possessing binding effect within the statutory appeals framework, harmonising the right to appeal with monetary limit provisions and applying policy considerations from the National Litigation Policy to limit low stake Revenue appeals; this approach affects Revenue litigation strategy, judicial resource allocation, taxpayer relief, and invites possible legislative clarification regarding retrospective or prospective application.
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    Misdeclaration of goods: deliberate misstatements attract differential duty, redemption fines and potential confiscation under customs law.
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    Penalty notice specificity: lack of clarity requires proof of actual prejudice before challenging tax penalties.
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    Furnishing inaccurate particulars cannot be presumed from mere disallowance; defective notices and bona fide claims constrain penalties.
    Penalty for furnishing inaccurate particulars of income requires proof of knowingly misstated or concealed particulars; mere disallowance of a claim does not suffice. A bona fide, arguable claim should not automatically attract penalty, and a defective or unadapted notice that fails to demonstrate application of mind can vitiate penalty proceedings.
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    Furnishing inaccurate particulars: claiming non existent depreciation can attract penalty even without willful concealment; notice must be specific.
    Claiming depreciation on non existent assets constitutes furnishing inaccurate particulars of income under the penalty provision; proof of willful concealment is not a necessary ingredient for civil penalty liability. Notices initiating penalty proceedings must be specific and clear to meet natural justice requirements, and factual admissions and reversal of disputed claims are operative in determining whether inaccurate particulars were furnished.
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    Natural justice in tender cancellation requires affected parties be given an opportunity to meet allegations; the case highlights an e tender interrupted by an ex parte inquiry, cancellation without prior notice, and allegations of bias. These procedural deficiencies implicate the audi alteram partem principle and render such cancellations arbitrary where parties are not afforded a fair chance to respond. The analysis notes natural justice is flexible and, in absence of actual prejudice, its breach may not invalidate administrative action, while stressing transparency and balanced procedural fairness by public bodies.
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    Natural justice requires municipal demolition actions to provide adequate notice and a fair hearing before affecting property rights.
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    Disclosure obligations under the Foreign Exchange Management Act require enforcement authorities to furnish accused persons with all relevant documents and evidence to enable preparation of defence, reflecting the right to a fair hearing and natural justice. Investigative confidentiality may justify limited nondisclosure only when authorities demonstrate specific harm, and any withholding must be narrowly tailored, with reasoned determinations that preserve core procedural fairness in FEMA adjudications.
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    Customs Penalty Jurisdiction affirmed where under invoicing and dual invoicing indicate participation in duty evasion scheme.
    Imposition of penalties under Section 112(a) for alleged under invoicing and dual invoicing was sustained on the basis that receipt of part consideration and issuance of false invoices constituted participation in a scheme to evade customs duty; the offences were treated as occurring within India so the Customs Act applied, co noticee settlements did not extend immunity to others, and a jurisdictional challenge to DRI authority was found inapplicable to the notice issued.
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    Burden to prove unaccounted income: additions require admissible evidence, not assumptions from survey reports.
    Burden to prove alleged unaccounted income lies with the revenue; additions based on survey findings and an Inspector's report to re fix sale prices must be supported by admissible evidence. The taxpayer used the percentage of completion method for construction income, and impounded documents from a statutory survey were central to the dispute. Additions founded mainly on assumptions or inspector notes, without corroborative proof linking seized material to unexplained receipts, are susceptible to appellate review.
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    Depreciation on aircraft recognized when operational preparations precede airworthiness certificate, affecting tax depreciation timing.
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    Transfer pricing adjustments shape ALP analysis and documentation requirements for royalties and management fees.
    Dispute involves deductibility of cross border reimbursement payments under Section 37 and whether assessing authorities recorded specific factual findings and afforded fair opportunity before disallowance. Related issues include entitlement to refund of excess Dividend Distribution Tax under the DTAA and the correct application of the Arm's Length Principle-notably choice between TNMM and CUP-for benchmarking royalty and management fees, with emphasis on documentation and comparability analysis.
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    The commentary examines locus standi under the Insolvency and Bankruptcy Code, focusing on entitlement to initiate, challenge and participate in the Corporate Insolvency Resolution Process. It highlights procedural interactions among the financial creditor, resolution professional and Committee of Creditors, and discusses contested applications for extension of plan implementation, protection of bank guarantees and permission for fresh bids where a bidder failed to perform. The piece stresses that standing depends on a direct, legitimate interest and that courts apply a stringent interest based test when admitting challenges or procedural relief in IBC proceedings.
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    Shareholder rights are substantially curtailed after commencement of CIRP: shareholders may file claims in liquidation but lack standing to overturn CoC commercial decisions. The commercial wisdom of the Committee of Creditors is entitled to deference and is reviewable by courts only for material irregularity or legal violation; procedural objections and requests for forensic audit must demonstrate such material illegality to unsettle an approved resolution plan under the IBC.
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    Instalment payments: courts permit flexible tax instalment schedules for financially distressed corporates while respecting lower court discretion.
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      REVIEW OF LEVY OF SOCIAL WELFARE SURCHARGE [SWS] ON VARIOUS ITEMS BY AMENDING NOTIFICATION NO. 11/2018- CUSTOMS DATED 02.02.2018

      2 February, 2022

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      VIII. REVIEW OF LEVY OF SOCIAL WELFARE SURCHARGE [SWS] ON VARIOUS ITEMS BY AMENDING NOTIFICATION NO. 11/2018- CUSTOMS DATED 02.02.2018

      S.No.

      Amendment

      1.

       All goods falling under tariff items 0802 91 00, 0802 92 00 and 0802 99 00 have been exempted from SWS.

      2.

      All goods falling under sub-headings 1509 90 and 1510 90 have been exempted from SWS.

      3.

      All goods falling under tariff items 2515 12 90, 2516 11 00, 2516 12 00 have been exempted from SWS.

      4.

      All goods falling under the sub-headings 5208 39, 5209 31, 5209 32, 5209 39, 5209 49, 5210 39, 5211 31, 5211 32, 5211 39, and 5211 49 have been exempted from SWS.

      5.

      All goods falling under the sub-heading 5407 61 have been exempted from SWS.

      7.

      All goods falling under tariff items 5516 22 00 and 5516 23 00 have been exempted from SWS.

      8.

      All goods falling under tariff item 5802 30 00 have been exempted from SWS.

      9.

      The current SWS exemption has been withdrawn for all goods falling under tariff item 6001 92 00.

      10.

      The current SWS exemption has been withdrawn for all the goods falling under tariff item 6101 20 00; goods falling under sub-heading 6101 30; goods falling under tariff items 6102 10 00 & 6102 20 00; goods falling under sub-heading 6102 30; goods falling under sub-heading 6104 19 (except of wool or fine animal hair or cotton); and goods falling under tariff items 6104 62 00, 6104 63 00.

      11.

      SWS exemption has been withdrawn for all the goods falling under subheadings 6201 30, 6201 40, 6202 30, 6202 40; falling under tariff items 6204 11 00, 6204 13 00; goods falling under sub-heading 6204 19, 6204 31; goods falling under tariff items 6204 32 00 & 6204 33 00; and goods falling under sub-headings 6204 39 & 6204 69.

      12.

      In the heading 6203, the exemption from SWS has been narrowed down to all the goods falling under tariff items 6203 22 00, 6203 23 00; goods falling under sub-heading 6203 29; goods falling under tariff item 6203 41 00; and goods falling under sub-heading 6203 42.

      13.

      SWS exemption has been withdrawn for all the goods falling under Sl. No. 3 [Men’s or boy’s overcoats, car coats, capes, cloaks, anoraks (including ski-jackets), wind-cheaters, wind-jackets and similar articles, knitted or crocheted, other than those of heading 6103, of wool or fine animal hair, falling under tariff item 6101 90 90] and Sl. No.4 [Upholstery fabrics falling under the following headings or sub-headings - 5208 39, 5209 31, 5209 32, 5209 39, 5209 49, 5210 39, 5211 31, 5211 32, 5211 39, 5211 49, 5407 61, 5516 22 00, 5516 23 00, 5802 30 00] of the notification No. 11/2018 – Customs dated 02.02.2018.

       


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      Budget 2022-23 + FINANCE Bill, 2022

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      ActsIncome Tax