Extended GST recovery under Section 74(1) requires a material-based conclusion, discernible from the show cause notice, that non-payment resulted from fraud, wilful misstatement or suppression of facts with intent to evade tax. Mere non-payment or erroneous self-assessment under a bona fide belief is insufficient, and an approaching limitation deadline cannot replace the statutory preconditions. A writ challenge under Article 226 may be maintained at the show cause stage where jurisdictional conditions are absent, notwithstanding the availability of statutory remedies. An authority cannot establish jurisdiction by incorrectly determining the conditions governing its power.

Suppliers may claim refunds of tax on deemed exports when recipients have not availed input tax credit and furnish undertakings permitting the claims; both parties cannot claim refunds for the same supplies. Refund applications may combine tax periods across financial years. The two-year limitation is assessed for each supply by reference to the return relating to that supply, rather than the period entered in the application. Prior intimation in Form A is required for supplies to an export-oriented unit. An appellate order granting a refund against rejection is treated as an order under Section 54(5), and interest on refunds delayed beyond 60 days is governed by Section 56.

Inspection of goods in transit is distinct from penal jurisdiction under section 129. Where documented interstate goods merely pass through a State without a tax incidence there, its authorities cannot seize them or impose a penalty under that provision; documentary deficiencies may instead be reported to the GST authorities in the origin or destination State. Such seizure and penalties infringe freedom of trade and commerce under Article 301. Section 129 addresses deliberate tax evasion, not a revenue-neutral invoice timing mismatch between distinct registrations of the same business when valid tax invoices and e-way bills cover the movement.

Verified invoices and a Chartered Accountant's certificate substantiated the disputed IGST input tax credit, and Revenue accepted that the related demand was unsustainable. CGST and SGST payments already made required full appropriation; as no tax remained unpaid, the consequential interest demand was unsustainable. Penalties for wrongful credit availment were unsustainable following payment of tax and interest within the period prescribed by section 73(8) of the CGST Act, 2017. The same reasoning applied to the IGST penalty, alongside Revenue's acceptance that the entire demand was unsustainable.

Section 144B applies the Section 144C procedure to faceless assessments. An eligible assessee facing a prejudicial variation following a transfer pricing officer's order must first be issued and served with a draft assessment order, preserving the right to object before the Dispute Resolution Panel. Directly issuing a final assessment without this mandatory step is a jurisdictional illegality, not a curable procedural lapse, and the final assessment may be quashed.

Interest under Section 28 of the Land Acquisition Act forms part of enhanced land acquisition compensation, while interest under Section 34 is payment for delay in paying compensation. Where compensation is claimed to have been received for agricultural land, the Assessing Officer must examine the claim and determine entitlement to a refund of tax deducted at source.

Functional comparability in transfer pricing depends on actual business activities, not merely a company's description. Software products, training, specialised research and niche activities may distinguish a business from a software development service provider. Under the transactional net margin method, materially different scale, intellectual property and brand strength can affect comparability. Where enterprises undertake different activities, comparison requires credible, verified financial information for functionally similar segments rather than enterprise-wide margins. Unaudited segmental information may require reconciliation with reported financial statements. A 15% related party transaction filter is appropriate where sufficient .....

Section 292C creates a rebuttable presumption that a document found during a survey belongs to the person from whom it was found and that its contents are true. A document recording medical receipts cannot be treated as a dumb document where part of its contents is established as true; the other recorded transactions cannot then be ignored. The person concerned bears the burden of rebuttal and must provide cogent material rather than rely on a retraction treated as an afterthought.

Section 43CA permits substitution of actual property sale consideration with the stamp duty valuation only where the valuation exceeds the consideration. It does not empower the Assessing Officer to question a valuation certificate issued by the Stamp Duty Authority. Revision under section 263 requires an assessment to be erroneous and prejudicial to Revenue interests. Failure to question the certificate and a direction to refer the valuation to the Stamp Duty Authority cannot establish such an error where the revision rests on incorrect facts and requires examination beyond Revenue authorities' powers.

Territorial jurisdiction for an income-tax appeal under section 260A follows the location of the Assessing Officer who passed the assessment order, not the location of the Tribunal that decided the appeal. A registered office in another jurisdiction does not change that position where the assessed company was taken over only after the assessment. An appeal must be brought before the jurisdictional High Court in accordance with law.

Transfer pricing comparability under Rule 10B requires a factual, data-driven assessment of functional similarity. A company with diverse functions, significant tangibles and inventories can be functionally dissimilar to a contract service provider and excluded as a comparable. Review of a comparability finding considers whether irrelevant material was taken into account, relevant material was overlooked, or the finding was perverse. Functional differences and asset profiles are therefore relevant to the selection of comparables.

Comparable selection for software development services depends on functional profiles, software-product activities, significant intangible assets and diversified operations. Foreign exchange gains or losses may be treated as operating items for arm's length margin calculations only when directly linked to international transactions, including operational transactions involving trade debtors and creditors. Comparability findings supported by relevant material, consistent with the applicable transfer pricing rules and free from demonstrated perversity do not raise a substantial question of law. Earlier co-ordinate bench decisions may be relied on where the factual context is relevant and no material distinction is shown.

Revision under section 263 requires an assessment to be both erroneous and prejudicial to the interests of the Revenue. A sustainable assessment made after inquiry and verification cannot be revised merely because the revisional authority disagrees with it. Section 54B requires the transferred land to have been used for agricultural purposes during the two years immediately preceding transfer; it does not require agricultural income to be disclosed in returns for those years. Sale deeds and statutory land-revenue records can support evidence of agricultural use.

Arm's length pricing of bagasse transferred from a sugar division to a power division may be supported by market quotations, an electricity tariff price adjusted for the relevant year and a valuation based on the fair and remunerative price of sugarcane; a regulatory fuel price is not necessarily determinative. Irrecoverable advances paid to vendors of a wholly owned subsidiary may qualify as business expenditure where the subsidiary extends the taxpayer's business and the payments serve that business. Direct payment and classification as loans do not by themselves negate commercial expediency. Harvesting and transportation payments forming part of sugarcane purchase costs and deducted from amounts payable to farmers do not attract tax deduction under Section 194C. If they are not part of the purchase cost, a claim that tax was deducted requires verification.

Under substituted section 147, subsequently discovered escaped income may be assessed even if no addition is made on the original ground for reopening. The removal of the words 'and also' and the Explanation permit assessment of such income without fresh compliance with section 148A. Penny-stock trading losses may be disallowed where transactions are found to be colourable and the supporting findings, including unexplained share-price movements unrelated to financial results or market movements, are not rebutted by evidence.

Where a joint remand requires a transfer-pricing reference, the actual reference attracts the additional limitation period under section 153(4). A remand alone is not a deemed reference. If the draft assessment meets the section 153 deadline, sections 144C(12) and (13) govern the subsequent dispute resolution and final assessment periods; section 144C(13A) does not revive an expired draft deadline. Faceless assessment procedure requires communication of proposed prejudicial variations and an effective opportunity to respond before the draft assessment. Arm's length benchmarking under the other method requires comparable uncontrolled transaction prices; cost-based charges require scrutiny of cost pools and allocations. Tested-party selection.....

A TDS-based refund claim raised after settlement under the Direct Tax Vivad-se-Vishwas Scheme, 2020, remained uncrystallised because no departmental order recognised the claimed excess payment. The settlement was based on the taxpayer's own computation, payment of the stipulated tax and issuance of Form No. 5. Recovery after settlement exceeding the amount payable or paid as directed in Form No. 3 must be refunded. Alleged adjustments of refunds from other assessment years against the settled demand require factual verification to establish whether excess recovery occurred.

Satellite transmission receipts are not taxable as process or equipment royalty under domestic law or the India-Singapore tax treaty where customers receive transmission services and bandwidth without control or possession of the satellite or transponder, and no process, know-how or technology is made available to them. The substance of the arrangement, rather than its description as a lease, determines whether customers receive a right to use equipment or a process. Retrospective expansion of the domestic royalty definition does not expand the treaty definition without a corresponding amendment by both contracting countries.

Late-payment surcharges and regulatory assets do not accrue as taxable income where recovery lacks reasonable certainty. Unbilled revenue without such certainty is notional, while revenue already recognised in the succeeding year is excluded. Statutory tariff rates govern valuation of electricity barter transactions. An electricity-distribution business deduction must be claimed in the return; a letter and audit report do not satisfy that requirement. Costs of bringing repaired transformers into working condition form part of the asset block's actual cost for depreciation; repairs without a new asset or capacity increase remain revenue expenditure. Bad debts written off in accounts require no separate proof of irrecoverability. Age and lack.....

Countervailing duty refunds under Section 27(2) of the Customs Act, 1962 require the importer to rebut the presumption under Section 28D that the duty burden was passed on. A chartered accountant's certificate must be considered when supported by books of account and other documents. Invoices showing that the duty was neither recovered from buyers nor reflected in them support rebuttal. Non-claiming of countervailing duty as expenditure does not establish that its burden was passed on.