Additions based on entries in an impounded diary - Concurrent findings of fact - Substantial question of law in income-tax appeals - Challenge to the Tribunal's factual treatment of cash credits recorded in an impounded diary as unexplained investment of the partner - HELD THAT: - The appellate authorities had concurrently found that the cash credit recorded in the partner's name represented unaccounted funds infused by him in the partnership firm, after considering the stated unaccounte... ... ...

Reasoned appellate order in income-tax appeals - Dismissal of appeal for non-appearance Dismissal of an income-tax appeal solely for the appellant's non-appearance without determining the grounds raised in appeal - HELD THAT: - Even in the appellant's absence, the appellate authority is required to frame the points for determination and decide them by reasons. An appeal cannot be dismissed solely for non-appearance without considering and answering the grounds raised, as this fails to... ... ...

Faceless assessment - No adequate opportunity of hearing - Principles of natural justice denied - HELD THAT: - The assessee was effectively afforded only one working day to reply, contrary to the NFAC SOP requiring a minimum of seven working days. The personal-hearing notice allowed less than 24 hours and fixed the hearing before expiry of the time for filing the reply; the reasonable request for a one-day adjournment was also refused. These circumstances constituted a gross denial of a reaso... ... ...

Faceless assessment - denial of requested personal hearing through video conferencing - HELD THAT: - A personal hearing specifically sought by the assessee had to be granted before completion of the assessment. The scheduled video-conference hearing did not commence, and the portal record showed no subsequent hearing notice; nor did the respondents produce any such notice. The assessment was therefore passed without an effective personal hearing, contrary to the requirements governing faceless a... ... ...

Reassessment beyond three years - statutory threshold of escaped income - Contractual receipts - income embedded therein Validity of a reassessment notice issued beyond three years where the income embedded in contractual receipts, as quantified in assessment, was below the statutory threshold - HELD THAT: - For issuing a reassessment notice beyond three years, the conditions under section 149(1)(b), including the prescribed threshold of income escaping assessment, are cumulative and mandator... ... ...

Credit for tax deducted at source from salary refused - deduction is not reflected in Form 26AS HELD THAT: - Non-reflection of the claimed tax deduction in Form 26AS could not, by itself, warrant denial of credit. The Assessing Officer was required to re-examine the documents produced to substantiate deduction of tax from salary and determine whether the claim was satisfactorily established. See Manohar Jhunjhunwala [2026 (8) TMI 1189 - BOMBAY HIGH COURT][Paras 7, 8] The directions refusin... ... ...

Settlement applications - pending assessment case on date of application - Section 119(2)(b) relaxation - impermissible additional eligibility condition Eligibility of searched assessees holding live notices under sections 153A or 143(2) when applying by 30.09.2021 for settlement, despite absence of eligibility as on 31.01.2021 - HELD THAT: - For the relevant purpose, the statutory scheme requires a case to be pending when the settlement application is made; it prescribes no anterior date on ... ... ...

Writ jurisdiction where statutory appeal is pending - Exercise of writ jurisdiction against an assessment order where the assessee has already invoked the statutory appellate remedy - HELD THAT: - Where the assessee has already availed the statutory appellate remedy against the assessment order, the Court may decline to exercise its discretionary jurisdiction under Article 226. The Court did not adjudicate the jurisdictional challenge or the applicability of the earlier judgment in the assessee&... ... ...

Effective opportunity of hearing in faceless assessment - Validity of the faceless assessment and consequential penalty notices where the assessee's request for additional time and subsequently uploaded response were not considered - HELD THAT: - The Revenue fairly accepted that the assessment should be reconsidered after affording the assessee a proper and effective opportunity of hearing. The assessment was consequently required to be restored from the show-cause-notice stage, with an oppo... ... ...

Recoverability of a demand raised u/s 156 - Natural justice in unexplained expenditure additions based on import data - Stay of high-pitched tax demand pending appeal - Administrative instructions prescribing deposit for stay of tax demand - Office Memoranda stipulating payment of 20% of the demand Natural justice in unexplained expenditure additions based on import data - Stay of high-pitched tax demand pending appeal - Recovery pending appeal of demand arising from an unexplained expenditur... ... ...

Condonation of delay in filing Form No. 10B - Genuine hardship u/s 119(2)(b) Condonation of a 30-day delay in furnishing Form No. 10B for a charitable institution's claim of exemption, despite a pending condonation application before the CBDT - HELD THAT: - The delay occurred in the first year in which the due date for furnishing Form No. 10B was advanced by one month, during the COVID-19 period when compliance deadlines were being extended. The audit report was filed before the extended ... ... ...

Disallowance of bogus purchases - non-response of the suppliers to the notice issued u/s 133(6) and alleged cancellation of GST registrations - addition for alleged bogus purchases deleted by ITAT where the books of account and corresponding sales were accepted and the assessee had furnished purchase and payment documents HELD THAT: - Mere non-response of suppliers to verification notices and alleged cancellation of their GST registrations, being circumstances beyond the assessee's contro... ... ...

Appeal under Section 260A - substantial question of law - Bogus purchases in bullion trade - factual determination HELD THAT: - The Tribunal had considered the purchase documentation, banking transactions, GST records, stock register, undisputed corresponding sales and the narrow margins inherent in bullion trading. Its conclusion that the entire purchases could not be treated as bogus, coupled with estimation of gross profit on the disputed purchases, was a factual determination based on ... ... ...

DTAA non-discrimination and differential corporate tax rates - Interest paid by permanent establishment to head office - tax deduction at source - Taxability of interest received by permanent establishment from head office - Depreciation on automated teller machines as computers DTAA non-discrimination and differential corporate tax rates - Entitlement of the Indian permanent establishment of a Netherlands-incorporated bank to the tax rate applicable to domestic companies under the non-discri... ... ...

Condonation of delay of 719 days in the filing of the appeal HELD THAT:- Petitioner, has fairly brought to our notice the order [2026 (8) TMI 214 - SC ORDER] We are not going to take a divergent view in the instant matter. The Special Leave Petition is, accordingly, dismissed. Pending interlocutory application(s), if any, is/are disposed of.... ... ...

Tariff classification of fermented Nata De Coco - GST rate on food preparations not elsewhere specified or included - Residual classification of food preparations -classifiable under Tariff Item 20079990 of the GST Tariff or under Tariff Item 21069099 HELD THAT: - Heading 2007 applies to fruit jellies produced by cooking or concentrating fruit juice or pulp with sugar so as to set on cooling; a jelly-like appearance alone is insufficient. Nata De Coco is instead formed through microbial ferme... ... ...

GST classification of residential villa construction in RREP - Additional villa works as part of construction supply - Input tax credit under concessional RREP construction rate Classification of residential villa construction in RREP - Concessional GST rate for non-affordable residential apartments - Classification and GST rate of construction services for non-affordable residential villas in Residential Real Estate Projects commencing on or after 01.04.2019 - HELD THAT: - On the stated prem... ... ...

GST exemption for NSQF-aligned vocational training - Classification of vocational training services GST exemption for NSQF-aligned vocational training - Accredited training body - GST exemption for vocational courses in handheld-device repair and telecom-product assembly conducted by a training body accredited with an NCVET-recognised Awarding Body - HELD THAT: - The amended Entry 69 extends exemption to services supplied by a training body accredited with an NCVET-recognised Awarding Body in... ... ...

Classification of centage-based project management services for construction projects - Exemption for pure services relating to Panchayat or Municipality functions - Recipient of supply where consideration is paid by a funding agency Classification of centage-based project management services for construction projects - Classification and rate of GST on centage charges received for project implementation services - HELD THAT: - Centage charges were payable for professional and administrative ... ... ...

Job work-printing on customer-owned paper and content - Concessional GST rate for specified printing under Heading 9988 - Composite supply of religious-book printing Job work-printing on customer-owned paper and content - Manufacturing services on physical inputs owned by others - Classification of printing undertaken on paper and content supplied by the customer, using the printer's own consumables - HELD THAT: - Where ownership of the paper and printed output remains with the customer, ... ... ...