Interest for delayed remittance of tax deducted at source - Fee for delayed furnishing of Form No. 26QB Interest for delayed payment of TDS - Statutory and compensatory liability - Levy of interest for delayed remittance of tax deducted at source on consideration paid for immovable property. - HELD THAT: - Interest under section 201(1A) is a statutory consequence of failure to remit deducted tax within the prescribed period and compensates the Revenue for the period of non-payment. Bona fide ... ... ...

Capital-gains exemption for charitable trusts - fixed deposits as another capital asset - Application of charitable income - write-off of unrecoverable TDS Fixed deposits as another capital asset - Capital-gains exemption for charitable trusts - Entitlement to capital-gains exemption under section 11(1A) where the net consideration from transfer of trust property was invested in bank fixed deposits for more than six months - HELD THAT: - The expression "another capital asset" in section 11(1A... ... ...

Section 54F exemption claimed under section 54 - Appellate jurisdiction over corrected exemption claims Appellate jurisdiction to entertain additional exemption claims -exemption u/s 54F denied solely because the assessee claimed it under Section 54 in the return - claim for exemption under section 54F which was not correctly made in the original or revised return - HELD THAT: - The restriction on the Assessing Officer entertaining a new deduction claim otherwise than through a revised return... ... ...

Late fee for delayed TDS statements u/s 234E - Prospective operation of section 200A mechanism for section 234E fee Levy of late fee for delayed filing of the quarterly TDS statement where the period of delay extended beyond 1 June 2015 - HELD THAT: - The enabling mechanism under section 200A for computation of late fee under section 234E became operative from 1 June 2015 and operates prospectively. Although a TDS statement furnished after that date attracts late fee, the fee can be computed ... ... ...

Tax deduction at source on rebate for defective products - Verification of statutory due-date compliance for employees' welfare contributions Tax deduction at source on rebate for defective products - Disallowance for non-deduction of tax at source - Disallowance for non-deduction of tax at source on fixed 'refurbish and rebate' credit notes issued to distributors for defective products - HELD THAT: - The character of the payment could not be determined merely from its description... ... ...

Validity of Reassessment proceedings under the substituted reassessment regime - effect of TOLA HELD THAT:- As decided i. Venkatal Iyyappa Rajanna [2025 (8) TMI 1723 - KARNATAKA HIGH COURT] in view of the concession made by the Revenue in Rajeev Bansal [2024 (10) TMI 264 - SUPREME COURT (LB)] the reassessment proceedings in the present case would also require to be dropped.... ... ...

Reassessment - change of opinion - Reopening based on misreading of tax audit report - Validity of reopening the completed scrutiny assessment on the premise that tax deducted at source on salary payments had been claimed as a deduction under section 43B HELD THAT: - The income-tax return disclosed that the assessee had not claimed the tax deducted at source as expenditure or as a deduction under section 43B; the alleged deduction resulted from a misreading of the audit report. The deduction ... ... ...

Search-assessment limitation u/s 153B - Sequencing of statutory stay exclusion and TOLA extension Computation of the limitation period for search assessments where exclusion of court-ordered stay periods and extension under TOLA are invoked - HELD THAT: - The Explanation to Section 153B, by its express terms, forms an integral part of the computation of the single period of limitation prescribed under that section. The applicable stay-period exclusion must therefore be given effect while dete... ... ...

Reassessment - change of opinion - Reason to believe - tangible material Validity of reassessment where claims for depreciation, deductions and treatment of pre-production income had been examined during the original scrutiny assessment - HELD THAT: - The original Assessing Officer had specifically sought and considered the assessee's explanations and material concerning depreciation on the dam, additional depreciation, disallowance of expenditure relating to exempt income, and pre-produc... ... ...

Classification of rubberised and agglomerated cork sheets as agglomerated cork - Concessional GST rate for agglomerated cork with binding substance - Scope of advance ruling on inverted-duty refund claims - Bar to advance ruling for pending or decided proceedings Classification of rubberised and agglomerated cork sheets as agglomerated cork - Concessional GST rate for agglomerated cork with binding substance - Classification of Rubberised Cork Sheets and Agglomerated Cork Sheets containing po... ... ...

Educational institution exemption for professional coaching - Pure-agent exclusion of examination fees - Composite supply of coaching and study materials - Foreign exchange gains without consideration for supply - Taxability of training-partner services to universities Educational institution exemption for professional coaching - Exemption of professional coaching and university-integrated training programmes as educational services - HELD THAT: - The applicant neither provided pre-school or ... ... ...

Classification of Psyllium seeds under Heading 1211 - GST exemption for fresh or chilled Psyllium seeds - GST exemption for Psyllium seeds as goods of seed quality Classification of Psyllium seeds under Heading 1211 - Classification of Psyllium seeds (Isobgul), used in pharmacy, under tariff sub-heading 1211 9013 - HELD THAT: - In the Case of M/s D.L. STEELS ETC. [2022 (7) TMI 471 - SUPREME COURT] Hon'ble SC discussed the concept of drying in context of Fruit and also relevant of common parla... ... ...

Maintainability of advance ruling application - payment of prescribed fee Maintainability of an advance ruling application concerning GST liability on sale of developed residential plots where the prescribed application fee was not paid in full - HELD THAT: - Payment of the prescribed fee accompanying an advance ruling application is a mandatory statutory requirement. Despite sufficient opportunities, the applicant neither remitted the balance fee nor complied with the defect-removal requirem... ... ...

Maintainability of advance ruling application for non-payment of prescribed fee - requirement of payment of the prescribed fee under Section 97(1) of the CGST/KGST Act, 2017 HELD THAT: - Payment of the prescribed fee accompanying an application for advance ruling is a mandatory statutory requirement. As the applicant failed to cure the defect despite adequate opportunities, the application could not be entertained and the questions raised could not be examined on merits. [Paras 10] The app... ... ...

Maintainability of advance ruling application - Mandatory payment of prescribed application fee Maintainability of the application for advance ruling where the prescribed fee was not paid in full and the category of questions was not specified in the prescribed form - HELD THAT: - Payment of the prescribed fee under section 97(1), read with rule 104, is mandatory for entertaining an application for advance ruling. Despite sufficient opportunities, the applicant neither remitted the balance fe... ... ...

Mixed supply v/s composite supply - leased digital cinema equipment - Highest-rate rule for mixed supply - Classification of bundled leasing of digital cinema equipment - Whether leasing digital cinema equipment comprising a projector, server, UPS and VSAT for a single rental constitutes a composite supply or a mixed supply, and the applicable GST rate? - HELD THAT: - The equipment supplied under a single lease was not naturally bundled in the ordinary course of business, and therefore did no... ... ...

Reasoned and speaking appellate orders - Validity of the common appellate orders confirming GST demands without addressing the appellants' material grounds of appeal - HELD THAT: - The appellate authority had merely recorded a general conclusion that the objections were unsupported and that the original orders were legal, without considering the substantive grounds or the judicial authorities relied upon. Identical conclusions in the three appeals, without independent examination of their re... ... ...

Transitional refund of service tax on unprovided services - Input tax credit of pre-GST service tax - Refund of tax on services not provided Entitlement to input tax credit of service tax deposited before GST on advances received for flat bookings which were cancelled after the appointed day - HELD THAT: - Service tax paid under the erstwhile Finance Act, 1994 is not "input tax" under the CGST/SGST Acts and consequently cannot be taken as input tax credit. Where the booked services were not u... ... ...

Inverted duty structure refund - determination of inverted-rated turnover and adjusted total turnover Refund of accumulated input tax credit under the inverted duty structure-determination of whether outward supplies allegedly taxable at 18% were required to be included with supplies taxable at 5% for computing inverted-rated turnover and adjusted total turnover - HELD THAT: - The refund formula requires correct determination of the turnover of inverted-rated supplies and adjusted total turno... ... ...

E-way bill validity and correct vehicle particulars - Penalty for transport of goods under an expired e-way bill - Rebuttable presumption of intent to evade tax Penalty for transporting electrical equipment under an expired e-way bill containing wholly different vehicle particulars in Part B - HELD THAT: - An e-way bill is not valid for movement of goods unless Part B contains the correct vehicle details. The concession for minor clerical errors in vehicle particulars cannot extend to substit... ... ...