Amortisation of Registrar of Companies fees for issue of share capital u/s 35D(2)(c)(iv) - Scope of expenditure connected with issue of shares - Eligibility of fees paid to the Registrar of Companies for increasing share capital, by issue of shares to the holding company, for amortisation as preliminary expenditure - HELD THAT: - The provision covers expenditure incurred in connection with the issue of shares. The Tribunal incorrectly read the expression by omitting the comma after the word "... ... ...

Rejection of books of account and estimation of coaching-fee income - Scope of appellate interference with findings of fact under section 260A - Scope of Tribunal's appellate jurisdiction over fee-refund relief Rejection of books of account and estimation of coaching-fee income - Findings of fact under section 260A - Rejection of the assessee's books of account and estimation of income, including acceptance of the claim for refund of fees, on the basis of seized material - HELD THAT: ... ... ...

Petition for quashing of CBDT Circular No. 11 of 2020 dated 08.05.2020 with a consequential direction to frame a Compassionate Tax Policy granting at least sixty days exemption to Indian Seafarers, who stayed more than 182 days in a financial year in India during the COVID-19 pandemic - HELD THAT:- We, without expressing any opinion on merits, dispose of this petition with a direction to the respondents to consider that representation(s) sympathetically and particularly in light of the decisions... ... ...

Classification of Psyllium seeds (Isabgol) - GST exemption for fresh or chilled Psyllium seeds - Goods of seed quality exemption - Psyllium seeds supplied after procurement through APMC auctions and storage in dry ventilated godowns Whether raw and unprocessed Psyllium Seeds (Isabgol) procured through APMC auctions qualify as fresh seeds exempt under Entry 87 of Notification No. 10/2025-Central Tax (Rate) dated 17.09.2025; (ii) Whether the Psyllium Seeds qualify as goods of seed quality exemp... ... ...

Quantum of amount in dispute - lower amount of tax and penalty in dispute - HELD THAT:- The departmental appeal was summarily dismissed under section 112(2) of the CGST/UPGST Act, 2017, having regard to the low amount of tax and penalty in dispute.... ... ...

Alleged reuse of e-way bill - detention and penalty proceedings - Proof of intention to evade tax in goods-detention proceedings HELD THAT: - The goods were accompanied by invoice/e-invoice and e-way bill, with no discrepancy in their description, quantity, value or ownership. The conclusion of re-transportation rested solely on an inference drawn from an earlier verification of the e-way bill; the department produced no independent and cogent material to establish that the goods had complete... ... ...

Detention of goods for alleged reuse of e-way bill - Proof of intention to evade tax - Presumption cannot substitute proof - Whether the goods being transported by the appellant first time or second time using same E-way bill? - HELD THAT: - The goods were accompanied by invoice, e-invoice and e-way bill, and no discrepancy in their description, quantity, value or ownership was established. The inference of re-transportation rested only on an earlier verification or location of the vehicle, w... ... ...

Petitioner has not submitted any reply to the impugned show cause notice issued by the respondents u/ss 74 and 50 of the CGST/KGST Act, 2017 HELD THAT:- The petition was disposed of with liberty to the petitioner to reply to the show-cause notice with supporting documents within six weeks. The competent authority was directed to proceed in accordance with law after affording sufficient and reasonable opportunity.... ... ...

Regular bail in alleged fraudulent input tax credit transactions - Entitlement to regular bail in prosecution for alleged wrongful availment and passing of input tax credit without actual supply of goods - HELD THAT: - The complaint had been filed against the applicant, a co-accused had been granted bail, the applicant had remained in custody, and the trial was likely to take considerable time. Although further investigation was continuing, these circumstances warranted release on bail. [Paras 1... ... ...

Service of show cause notice through GST portal - Violation of principles of natural justice Validity of adjudication where the show cause notice was uploaded only under the 'Additional Notice and Orders' tab on the GST portal without separate intimation to the petitioner - HELD THAT: - The Court found a prima facie case that, as the notice was uploaded only under the specified portal tab and no separate intimation was given, the petitioner was unable to respond to it. This constitute... ... ...

Detention of goods for alleged reuse of an e-way bill requires cogent evidence that the same goods had completed an earlier journey and that the e-way bill was reused. Where goods are accompanied by an invoice, e-invoice and e-way bill, with no discrepancy in description, quantity, value or ownership, an earlier vehicle verification or location alone cannot establish re-transportation. Contravention of GST law and intention to evade tax cannot be presumed from suspicion; the department must prove both by independent evidence. On these facts, the detention and penalty proceedings were set aside, and refund of the deposited amount was directed in accordance with law.

Alleged reuse of an e-way bill cannot justify detention and penalty where the goods are supported by an invoice, e-invoice and e-way bill without discrepancies in description, quantity, value or ownership. Re-transportation must be established by independent, cogent evidence that an earlier journey was completed or the goods were delivered; an inference from prior e-way bill verification alone is insufficient. Intention to evade tax cannot be presumed from suspicion, and the alleged falsity of a vehicle-repair bill must also be proved. The detention and penalty orders were set aside, and refund of the deposited amount was directed in accordance with law.

Psyllium seeds fall under tariff sub-heading 1211 90 13 within Heading 1211. GST exemption for fresh or chilled seeds depends on the goods' condition when supplied, not on processes before procurement from farmers. Storage in dry ventilated godowns constitutes drying, and absent evidence that the seeds remained fresh from harvest through onward supply, they cannot be treated as fresh or chilled. The supplies therefore fall under the rate entry for dried goods and are taxable at 5%. Exemption claimed for goods of seed quality is also unavailable on that classification.

Tax-residency relief for Indian seafarers unable to remain outside India during the COVID-19 pandemic was sought through quashing CBDT Circular No. 11 of 2020 and adoption of a compassionate tax policy. The proposed policy would grant at least sixty days' exemption to seafarers who spent more than 182 days in India during a financial year. Representations were directed to receive sympathetic consideration, with an appropriate decision requested within four weeks, without examination of merits.

Section 260A confines High Court interference with Tribunal findings on rejection of books, income estimation and fee refunds to cases of perversity, lack of evidentiary support or legal error. Where seized material, account books and submissions require factual examination, alternative computations do not themselves create a substantial question of law. Once books are rejected, income and allowable fee refunds may be determined by estimation. The Tribunal may examine the basis and extent of fee-refund relief when the Revenue challenges that relief and the assessee files a cross-objection concerning the sustained addition; this remains within its appellate jurisdiction.

Fees paid to the Registrar of Companies for increasing share capital through shares issued to a holding company qualify for amortisation as preliminary expenditure. The provision covers expenditure incurred in connection with the issue of shares; it is not confined to expenses relating to a public subscription. The enumerated expenses are descriptive, and the comma after "issue" prevents a restrictive reading that would exclude Registrar fees. Accordingly, disallowance of the claimed amortisation was unsustainable, and amortisation of the share-capital issue fees was allowed.

Numerical entries in seized records may be read by appending zeros only where the interpretation is supported by the nature of the entries and surrounding material. The High Court restored the addition based on the Commissioner (Appeals)' reasoned interpretation of pages 4 and 5 of Annexure B-3, holding that the Tribunal could not append a single zero after rejecting larger multipliers without reasons. Additions for unexplained investment and undisclosed profit from other rough-diamond entries were deleted because those transactions had already been considered for taxation in another entity's assessment and the assessee lacked financial capacity to conduct the business independently. Revenue appeals were partly allowed.

Revisionary jurisdiction requires both an erroneous assessment order and prejudice to Revenue. It cannot be exercised merely because the revisionary authority considers that the Assessing Officer should have made further or different inquiries. Where the assessee disclosed material supporting indexed cost of acquisition and cost of improvement, and the Assessing Officer considered the explanation before accepting the claim, the assessment reflects a conscious view. Revision cannot therefore substitute the revisionary authority's opinion for the Assessing Officer's considered decision on the disclosed material.

Revision of an assessment for lack of inquiry requires an erroneous and prejudicial order, not merely a different view of matters examined during scrutiny. Where the Assessing Officer made inquiries into depreciation on fixed assets, commission paid to a non-resident, and deductions for employing new workmen, and applied mind to the responses, revision was not sustainable. The Principal Commissioner had identified neither a flaw in the assessee's replies nor a specific defect in the prescribed audit report. The revision order was quashed, and the tax appeal was dismissed because the Tribunal's findings disclosed no legal infirmity.

Excess self-assessment tax refunded after appellate relief attracts interest as a statutory, non-discretionary consequence where tax ultimately chargeable is lower than tax paid. Refund entitlement arises when tax deducted at source, advance tax, self-assessment tax, or regular-assessment tax exceeds the final annual tax liability following appeal or other proceedings. Where prescribed computation categories do not govern, interest on excess tax runs from the payment date. Unpaid interest on the resulting refund must be determined and paid for the relevant period, including up to the point at which interest had already been granted.