Inspection and measurement of disputed property in liquidation estate - Adjudicating Authority's jurisdiction over disputed title and possession Validity of directions for inspection and measurement of premises claimed as part of the corporate debtor's liquidation estate notwithstanding the appellants' disputed ownership and possession - HELD THAT: - The Adjudicating Authority had recognised that its residuary jurisdiction could not ordinarily be invoked to adjudicate complex and ... ... ...

Judicial restraint in writ jurisdiction over ODR arbitration - ODR arbitration - participation without waiver of objections Judicial restraint in writ jurisdiction over ODR arbitration - Patent lack of jurisdiction - Interdiction of ODR arbitral proceedings on the ground that the complaint was allocated to an ODR Institution empanelled by a stock exchange on which the petitioner's securities were not listed - HELD THAT: - Writ jurisdiction does not entail appellate review of proceedings u... ... ...

Status quo pending valuation for proposed share buyout - Continuation of status quo over the company's assets pending appointment of a valuer and decision on the proposed buyout of the appellant's shareholding HELD THAT: - The controversy before the appellate forum stood confined to the alternative buyout relief, for which the parties had proposed names of valuers but no valuer had yet been appointed and no valuation report had been obtained. In those circumstances, the status quo pre... ... ...

Classification of medical diagnostic instrument (namely BD Viper(tm) LT System) imported in India which is intended to be used for cervical cancer screening to detect high-risk HPV types under Customs Tariff Act, 1975 Classification of BD Viper LT System - Chemical analysis and automated checking - Optical instruments and appliances - Classification of the BD Viper LT System, an automated PCR-based molecular diagnostic platform for detection of high-risk HPV DNA, as an instrument for chemical... ... ...

Limitation for confiscation notice where import documents are found forged - Fraud vitiating the defence of limitation - Liability to pay customs duty and interest on redemption of confiscated goods under Section 125(2) of the Customs Act, 1962 - Bona fide purchase not a defence to duty liability on redemption - Quantum of redemption fine Limitation for confiscation notice - Fraud extends period for issuance of show cause notice - show cause notice proposing confiscation of the motorbike, iss... ... ...

Recovery of excess DEPB credit - Customs jurisdiction under Section 28 Recovery from exporters, under Section 28 of the Customs Act, of DEPB credit allegedly obtained in excess by incorrect determination of FOB value through non-deduction of CAF and BAF - HELD THAT: - The alleged liability arose from the claimed excess DEPB credit obtained on exports, and not from breach of an exemption condition at the time of import. DEPB credit is distinct from customs duty; recovery of credit allegedly ob... ... ...

Country-of-origin misdeclaration and classification of Pakistan-origin brass scrap Classification of imported brass scrap declared as originating in the UAE, where the containers had in fact originated from Pakistan - HELD THAT: - The Tribunal adopted the reasoning in the earlier final order concerning the connected live consignment, as the same modus operandi and evidentiary basis applied to the past imports. The matching container and seal particulars, coupled with the material establishing... ... ...

Duty-free import under DEEC licence - alleged diversion and fraudulent export - Clandestine diversion - requirement of reliable and corroborative evidence - Adjudication beyond show cause notice - Retracted statements - evidentiary value Duty-free import under DEEC licence - alleged diversion and fraudulent export - Clandestine diversion - requirement of reliable and corroborative evidence - Sustainability of duty demand, confiscation consequences and penalties founded on the allegation that ... ... ...

Writ jurisdiction and disputed questions of fact - Seizure of imported industrial oil - Sampling of imported industrial oil Challenge to seizure of imported industrial oil on the ground that the petitioner's authorised representative was absent when the first sample was drawn - HELD THAT: - The disputed presence of the Customs Broker at the first sampling could not be examined in writ jurisdiction, particularly when the respondents asserted his presence and the sampling report recorded it... ... ...

Unauthorised transfer of Customs Broker licence - Customs Broker's obligation to obtain exporter authorisation and verify client identity - Proportionality of revocation of Customs Broker licence Unauthorised transfer of Customs Broker licence - whether Lending a Customs Broker licence and dongle to a G-card holder for monetary consideration amounted to an impermissible transfer of the licence? - HELD THAT: - The prohibition against a licence being sold or otherwise transferred applies to... ... ...

Judicial review of Settlement Commission orders - Reopening of settled show cause notice - Statutory interest on settled customs duty Challenge to the limitation of the show cause notice after the petitioners elected settlement of the adjudicated proceedings - HELD THAT: - Judicial review of a Settlement Commission order is confined to jurisdictional or statutory infirmity, prejudice, fraud, bias or malice; it does not permit reassessment of the underlying proceedings as an appellate court. H... ... ...

Capital gains exemption for investment in residential house - Commercial property and residential-house ownership condition - Protective assessment of capital gains - deduction u/s. 54F denied as assessee is owner of two properties Capital gains exemption u/s 54F for investment in residential house - Commercial property and residential-house ownership condition - Eligibility for capital-gains exemption on investment in a new residential property where the assessee also owned a self-occupied r... ... ...

Reassessment notice - statutory approval by competent authority - Invalid approval for reopening of assessment Validity of reassessment founded on approval under section 151 granted by the Principal Commissioner rather than the Chief Commissioner - HELD THAT: - The Tribunal followed the co-ordinate Bench decision in Kavita Sharma [2024 (12) TMI 1791 - ITAT DELHI] which held, with reference to the CBDT instructions, that issuance of notice under section 148 required approval of the concerned C... ... ...

Condonation of delay caused by counsel's omission - Unexplained cash deposits utilised for loan repayment - Prospective application of enhanced tax rate on unexplained income Condonation of delay caused by counsel's omission - Condonation of delay in filing the appeal where the assessee's earlier counsel had failed to intimate dismissal of the first appeal. - HELD THAT: - The assessee's affidavit explaining that he became aware of the dismissal only upon bank attachment procee... ... ...

Corpus donations with specific direction - Audit-report requirement for charitable trusts - Exemption of corpus contributions Taxability of corpus donations received by a registered charitable trust and the consequent requirement to furnish the audit report in Form No. 10B - HELD THAT: - A harmonious reading of the provisions governing exemption of voluntary contributions specifically directed to form part of a trust's corpus, other voluntary contributions, and the applicable CBDT circula... ... ...

Penalty u/s 270A for under-reporting of income - disallowance of lease-rental payments for non-deduction of tax at source from payments to GNOIDA - Bona fide explanation in a debatable TDS disallowance HELD THAT: - The disallowance turned on the debatable and interpretational question whether GNOIDA was a Government body so as to attract the provision concerning payments to Government, rather than the requirement to deduct tax on lease rent. The assessee's explanation was held bona fide. ... ... ...

Exemption for small educational institutions - Aggregation of receipts of composite educational establishment Eligibility for exemption u/s 10(23C)(iiiad) where educational activities were conducted by a society through purportedly separate institutions operating with common campus, infrastructure, management and ownership - HELD THAT: - The exemption is intended for genuinely small educational institutions and cannot be secured by artificially fragmenting one integrated educational establish... ... ...

Deduction of interest income of co-operative society from deposits with co-operative banks - Scope of section 80P(2)(d) and inapplicability of section 80P(4) Entitlement of a co-operative housing society to deduction of interest earned on fixed deposits with co-operative banks under section 80P(2)(d) - HELD THAT: - Section 80P(2)(d) requires only that a co-operative society derive interest or dividend from investments with another co-operative society. A co-operative bank registered under the... ... ...

Educational institution approval - State-law registration requirement - Incidental surplus from educational activities - Private benefit and diversion of funds Approval for an educational institution u/s 10(23C)(vi) denied for want of registration under the applicable State-law framework after such registration had been obtained - HELD THAT: - New Noble Educational Society v. Chief Commissioner of Income Tax [2022 (10) TMI 855 - SUPREME COURT] requires compliance with obligatory State or loca... ... ...

Refund of excess TDS claimed in return filed under section 148 - Consequential refund upon nil taxable income in reassessment - Entitlement to refund of excess TDS where a return filed in response to notice u/s 148 was accepted and the reassessment determined nil taxable income - HELD THAT: - The right to refund arises under section 237 whenever tax paid exceeds the tax properly chargeable. A reassessment culminating in acceptance of the returned income and determination of nil taxable income le... ... ...