Additions for alleged unaccounted admission fees based on seized loose sheets, visitors' slips and diary entries require adequate corroboration. Material relating to specific years cannot support extrapolated additions for other years, and estimated suppression of fees for remaining seats cannot rest on unsupported assumptions. For cancellation seats, an assumption of management-quota fee collection was unsupported where admissions were governed by an agreement restricting fees and admission records were produced. The HC upheld deletion of the additions, finding that the Revenue had not shown perversity in the Tribunal's factual findings. Under section 260A, the HC cannot reappreciate evidence or substitute factual conclusions absent findings based on no evidence or perversity. Exemption issues were left open.

Reassessment based on a suspicious transaction report cannot stand on mere suspicion without material indicating income escapement. The HC noted that the assessee's accounts and detailed reply showed the questioned receipts were capital contributions or withdrawals between a partner and its partnership firm; a partner's withdrawal of its capital balance does not itself establish taxable income. Revenue identified no evidence or third-party information that the bank entries were bogus or accommodation entries, and no related interest claim was disputed. The show-cause notice, reassessment notice and reassessment order were quashed.

Patent-settlement expenditure incurred under an out-of-court United States patent-infringement settlement is described as a revenue business deduction where it was compensatory, commercially expedient, and did not create a capital asset or enduring capital advantage. The notes state that, for the relevant year, Explanation 1 to section 37(1) did not cover alleged foreign-law contraventions, while Explanation 3 applied prospectively; consequential financing interest was also allowable. They further address deletion of captive-power and associated-enterprise transfer-pricing adjustments, restriction of exempt-income disallowance to exempt dividend without a book-profit adjustment, and verification of foreign-tax deductions. Software expenditure remained capital in character, while business-promotion expenditure required verification rather than ad hoc disallowance.

Unauthorised supervisory approval in a section 143(3) assessment following survey proceedings is not supported by statute, as section 133A does not require prior approval from a superior authority. The notes state that an Assessing Officer who consults or seeks such approval abdicates independent quasi-judicial discretion, vitiating the assessment. Applying this principle, the assessment was quashed and the remaining grounds were treated as academic.

A power-generating undertaking may exercise the second proviso to rule 5(1A) option to claim depreciation under rule 5(1) and Appendix I through its return and disclosed computation, as no separate form or prescribed mode is required. A depreciation claim does not constitute furnishing inaccurate particulars where asset details, cost, use, rates and computation are fully disclosed and no primary fact, entry or asset is false or bogus. Voluntary revision before a specific depreciation query may support bona fides, even if made during assessment after the revised-return period. Explanation 1 to section 271(1)(c) does not apply where the taxpayer's explanation is substantiated, bona fide and accompanied by full disclosure of material facts.

Transfer pricing adjustments for the manufacturing segment must be confined to associated-enterprise transactions and cannot be applied to total turnover. The reported decision also treats foreign exchange fluctuation on import purchases as operating cost, goodwill amortisation from an extraordinary acquisition as non-operating expenditure, and permits adjustment for materially higher non-cenvatable customs duty. For capacity utilisation, authorities must obtain unavailable comparable-company data directly and provide a hearing. Software comparables were selected or excluded based on functional similarity, product development, intangibles and segmental data. Royalty was treated as revenue expenditure, while a warranty provision based on historical experience was allowable.

Section 153C jurisdiction for assessment years beyond the six preceding years requires the Assessing Officer to record satisfaction that escaped income is represented by an asset. The six-year period is reckoned from the assessment year relevant to the previous year in which seized material is received by the Assessing Officer having jurisdiction over the other person; on that basis, AY 2015-16 fell within the extended period. However, a satisfaction note referring only to alleged cash transactions did not establish the mandatory asset-representation condition. The assessment was therefore treated as void for lack of valid jurisdiction, and the consequential addition could not survive; issues concerning digital evidence, consolidated satisfaction and merits remained open.

Transfer-pricing treatment of corporate guarantees to wholly owned associated enterprises is discussed as requiring an arm's length commission of 0.5%, rather than a bank-guarantee rate of 1.90%. For outstanding foreign-currency receivables from associated enterprises, the relevant benchmark is the market rate for the transaction currency, identified as LIBOR plus 200 basis points rather than domestic lending or deposit rates. A normal interest-free credit period of 60 days is to be allowed before computing interest. The resulting adjustments are confined to the guarantee commission and recomputation of receivables interest on those parameters.

Agricultural land retains its agricultural character at transfer where revenue records and receipts establish agricultural use, and the purchaser obtains non-agricultural-use permission only after sale; the resulting gain is not taxable as capital gains. Agricultural receipts recorded in books and supported by undisputed bills are not unexplained income merely because they were omitted from the return. Profit on sale of shares is assessable as capital gains rather than business income where the shareholder had no control over the company's management or business and the contrary treatment rests solely on an alleged controlling interest.

Interest claimed on unsecured loans admitted to be bogus accommodation entries is treated as non-deductible as a consequential matter. The tax deducted at source component of such interest must be excluded from the disallowance. Estimated commission additions for obtaining accommodation entries require corroborative evidence of payment or a reliable basis for estimation; a presumption alone is insufficient. Accordingly, the interest disallowance is retained after excluding tax deducted at source, while the commission additions are deleted.

For assessment years beginning on or before 1 April 2021, the first proviso to section 149(1) retains the limitation period under the erstwhile reassessment regime as a threshold bar. A reassessment notice for AY 2015-16, issued after the applicable six-year period had expired, was therefore time-barred. Compliance with section 148A and any exclusion or extension under the former third and fourth provisos to section 149(1) could not revive a notice prohibited by the first proviso. The ITAT quashed the reassessment notice and consequential reassessment order; other grounds became academic.

Completed unsold units held as a builder-developer's stock-in-trade may attract deemed annual-value taxation once occupancy or completion certificates have been issued. Notional rental income should be calculated using municipal rateable value, rather than an ad hoc percentage of the units' cost or investment. A unit for which purchaser advances have been received may be treated as sold and excluded from deemed rent where final possession has not been delivered, subject to verification of the claim and supporting material. The discussion notes remand for verification of the advance claim and recomputation of annual letting value on the municipal rateable-value basis.

Under a joint development agreement, delivery of possession solely for development does not trigger a taxable transfer unless it involves title, consideration or part performance under the Transfer of Property Act. For eligible individuals or HUFs, capital gains may instead arise when the completion certificate is issued. Consideration for land transferred is determined by the stamp duty value of the completed built-up area received, not the developer's construction cost. Multiple allotted residential flats may qualify as investment in a residential house for capital-gains exemption. On later sale, the flats' cost corresponds to the value used at initial taxation, and their holding period runs from the occupancy certificate. Deemed annual value applies only to stock-in-trade, not capital assets.

Benami acquisition of shares was established through the alleged benamidar's lack of economic capacity and genuine operations, indirect funding from entities connected to the beneficial owner, unsupported commercial explanations, and the beneficial owner's effective control. Applying indicia including the source of consideration, parties' relationship and surrounding circumstances, the Tribunal confirmed attachment of the identified shares as benami property. However, attachment could extend only to shares specified in the show-cause notice, provisional attachment order and impugned order. Freezing additional shares in the demat account without material linking them to the benami proceedings was impermissible, and their release to the rightful owner was directed.

Section 80 of the Customs Act is the specific mechanism for detention and return or re-export of dutiable or prohibited articles in passenger baggage, available only where the passenger makes a true declaration under Section 77. Section 125 provides a general, discretionary power to allow redemption of confiscated prohibited goods on payment of fine, but does not independently permit re-export or override Section 80. Applying the principle that a special provision prevails over a general provision, undeclared gold intercepted after the passenger crossed the Green Channel could not be re-exported through redemption where no Section 80 detention was sought. Revisional correction of such legally impermissible discretion was within statutory power.

A CESTAT decision states that an importer's letter foregoing SAFTA preferential duty, given while goods were detained and demurrage accrued, was not a voluntary relinquishment under section 28DA(4) and did not bar challenge to reassessment. It further states that a valid, undisputed Bangladesh certificate of origin established entitlement to concessional duty where the prescribed SAFTA verification procedure was not invoked. As no physical mismatch, misdeclaration or fraud was found, the decision records that the differential duty demand, confiscation, redemption fine and penalty were set aside with consequential relief.

Social Welfare Surcharge on imports cleared against MEIS/SEIS duty credit scrips is discussed where Basic Customs Duty is exempt under the relevant customs notifications. The note explains that the surcharge is calculated on the aggregate customs duties payable, rather than on a notional Basic Customs Duty. Accordingly, where the exemption reduces aggregate customs duty payable to nil, no Social Welfare Surcharge arises. It records that this approach was applied to imports of Synthesis Menthol and resulted in the challenged demands being set aside with consequential relief.

For customs valuation, the amended transaction-value regime requires acceptance of the price actually paid or payable in the particular import transaction where buyer and seller are unrelated and price is the sole consideration. Where the original consignee defaulted without payment, bill of entry, title, or delivery, its initial contract did not establish the relevant sale value. The subsequent importer's renegotiated price paid to the overseas supplier was treated as transaction value because no relationship, additional consideration, or excess payment was alleged. Earlier deemed-value rulings under the pre-amendment regime were inapplicable. The majority view sustained the declared value and dismissed Revenue's appeal.

Related-party customs valuation is addressed through rejection of the declared transaction value where undisclosed funding discounts and dual invoicing created reasonable doubt. The notes state that value should then be redetermined sequentially using deductive-value principles, flexibly applied through residual valuation, with the local list price treated as deemed resale price where contemporaneous sales data is unavailable. Only normal, known and uniformly available discounts may be deducted; warranty costs are not post-import expenses, while customs duty, brokerage and fees are deductible. International freight and insurance cannot be added again. CLCP cannot replace declared MRP for additional-duty assessment. The discussion also confi.....

Moratorium breaches involving sale of mortgaged property and withdrawals from a corporate debtor's funds may warrant restoration to preserve the insolvency estate during CIRP. The notes state that the Adjudicating Authority's residuary jurisdiction extends to consequential directions required to protect and restore estate assets, independently of a finding of fraudulent or wrongful trading. Relief depends on the nature of the restoration sought, and unsupported claims that withdrawals were authorised do not displace the statutory moratorium and management-transfer framework. A direction to restore funds to the corporate debtor's account is described as valid consequential relief. A reference for action under an omitted provision concerning moratorium contravention is stated to be infructuous.