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Employee ESIC contribution deadlines bar deduction, while depreciation, expansion-interest claims, and explained minor-account deposits receive tax relief.
Employees' ESIC contributions paid after the prescribed due date are not deductible merely because payment occurs before the return-filing date. Depreciation at 60% is allowable. Interest on capital funds connected with proposed business expansion is not capitalisable absent an established basis for capitalisation. Commission expenditure remains disallowed where recipient responses do not rebut the disallowance or supporting details are missing. Cash-credit additions for deposits in a minor's bank account are not sustainable when the deposits have been explained. Taxable income is modified by allowing depreciation and deleting the interest-capitalisation and cash-credit additions.
Competent approval for time-barred reassessment notices determines validity and cannot be retrospectively relaxed by a later procedural proviso.
Reassessment notices issued more than three years after the relevant assessment year required prior approval from the senior authorities specified under Section 151(ii) in the reassessment framework effective from 1 April 2021. Approval by a Principal Commissioner was insufficient for a notice issued after that period. The later proviso excluding time allowed under Section 148A(b), effective from 1 April 2023, did not retrospectively cure the applicable approval requirement. Absence of approval from the competent specified authority created a jurisdictional defect, rendering the reassessment void.
Reassessment sanction beyond three years requires approval from the designated senior authority, invalidating notices approved only by a Principal Commissioner.
Reassessment notices issued more than three years after the relevant assessment year require prior approval from the senior authorities specified in Section 151(ii); approval by a Principal Commissioner is insufficient and deprives the proceedings of jurisdiction. The period for responding under Section 148A(b) cannot be retrospectively excluded from the three-year calculation under a later proviso without express legislative intent. Jurisdictional objections may be admitted as additional grounds where they arise on the existing record and require no new facts. Business disruption, illness and financial hardship can establish sufficient cause for delay.
E-invoice and e-way bill cancellation after completion of goods movement is raised where the vehicle had reached its destination before cancellation. The e-invoice and e-way bill were cancelled within 24 hours, and a new invoice was generated without a fresh e-way bill because transport had concluded. The concern is whether this sequence may create future GST compliance implications.
Section 78 of the Information Technology Act, 2000
Section 78 of the Information Technology Act, 2000 assigns investigation of every offence under that Act to a police officer not below the rank of Deputy Superintendent of Police. The requirement operates notwithstanding anything contained in the Code of Criminal Procedure, 1973, and prescribes the minimum police rank competent to investigate offences under the Act.
Section 77 of the Information Technology Act, 2000
Penalty or confiscation under the Information Technology Act, 2000 does not bar any other punishment to which the affected person remains liable under any other law in force.
Section 76 of the Information Technology Act, 2000
Computers, computer systems, storage media, tape drives, and related accessories may be confiscated where connected with a contravention of the Information Technology Act, 2000, or subordinate rules, orders, or regulations. If the adjudicating court finds that the person possessing or controlling the equipment was not responsible for the contravention, it may decline confiscation and make another authorised order against the responsible contravener.
Section 75 of the Information Technology Act, 2000
Section 75 applies the Information Technology Act, 2000 to offences and contraventions committed outside India irrespective of nationality. Its extra-territorial operation requires that the act or conduct constituting the offence or contravention involve a computer, computer system, or computer network located in India.
Section 74 of the Information Technology Act, 2000
Fraudulent or unlawful handling of Digital Signature Certificates is criminalised when a person knowingly creates, publishes, or otherwise makes a certificate available for that purpose. The offence encompasses each specified mode of certificate dissemination and requires knowledge of the fraudulent or unlawful purpose. Punishment may include imprisonment for up to two years, a fine up to one lakh rupees, or both.
Section 73 of the Information Technology Act, 2000
Section 73 prohibits the knowing publication or availability of a Digital Signature Certificate where it was not issued by the named Certifying Authority, was not accepted by the listed subscriber, or has been revoked or suspended. A revoked or suspended certificate may be published only to verify a digital signature created before the suspension or revocation. Contravention may result in imprisonment, fine, or both.
Section 72 of the Information Technology Act, 2000
Breach of confidentiality and privacy arises when a person obtaining access to electronic records or related material through statutory powers discloses it without the concerned person's consent. Unless disclosure is otherwise permitted by law, the offence is punishable with imprisonment, fine, or both.
Section 71 of the Information Technology Act, 2000
Section 71 criminalises misrepresentation and suppression of material facts made to the Controller or Certifying Authority for obtaining a licence or Digital Signature Certificate. The offence is punishable by imprisonment for up to two years, a fine up to one lakh rupees, or both.
Section 70 of the Information Technology Act, 2000
Section 70 permits the appropriate Government to declare a computer, computer system or computer network a protected system through notification in the Official Gazette. Persons may access a notified protected system only when authorised by a written order. Securing or attempting to secure access in contravention of these requirements is punishable with imprisonment for up to ten years and a fine.
Section 69 of the Information Technology Act, 2000
Controller-authorised interception may be directed to a Government agency where necessary or expedient for sovereignty or integrity, State security, friendly relations with foreign States, public order, or prevention of incitement to a cognizable offence. Subscribers and persons in charge of computer resources must provide facilities and technical assistance to decrypt information when called upon by the directed agency. Failure to provide decryption assistance is punishable with imprisonment extending to seven years.
Section 68 of the Information Technology Act, 2000
Section 68 empowers the Controller to direct a Certifying Authority or its employee to take specified measures or stop specified activities when necessary to secure compliance with the Act, rules, or regulations. Failure to comply constitutes an offence punishable on conviction by imprisonment up to three years, a fine up to two lakh rupees, or both.
Section 67 of the Information Technology Act, 2000
Electronic obscenity is criminalised where material published or transmitted electronically is lascivious, appeals to prurient interest, or tends to deprave and corrupt likely recipients in the relevant circumstances. Liability extends to persons causing such publication, and penalties escalate for subsequent convictions.
Section 66 of the Information Technology Act, 2000
Hacking arises where a person intends, or knows the conduct is likely, to cause wrongful loss or damage to the public or any person by destroying, deleting, or altering information in a computer resource. It also includes diminishing that information's value or utility or injuriously affecting it by any means. The conduct is punishable by imprisonment, fine, or both.
Section 65 of the Information Technology Act, 2000
Knowingly or intentionally concealing, destroying or altering legally required computer source code, or causing another person to do so, is punishable. The covered source code includes programme listings, computer commands, design and layout, and programme analysis of a computer resource in any form. Punishment may include imprisonment, fine, or both.
Section 64 of the Information Technology Act, 2000
Unpaid penalties imposed under the Information Technology Act, 2000 are recoverable as arrears of land revenue. Where a penalty remains unpaid, the relevant licence or Digital Signature Certificate shall be suspended until payment, combining revenue-style recovery with suspension of the applicable licence or certificate. Recovery and suspension therefore continue in force throughout the period in which the penalty remains unpaid.
Section 63 of the Information Technology Act, 2000
Section 63 authorises the Controller, a specially authorised officer, or the adjudicating officer to compound a contravention before or after adjudication begins. Compounding is subject to conditions fixed by the competent officer, and the sum imposed cannot exceed the maximum penalty otherwise imposable. Repeat or similar contraventions within three years are ineligible for compounding, while compounding prevents further proceedings concerning the resolved contravention.