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Working-partner remuneration disallowed to the firm is excluded from the partner's business income under the statutory proviso.
Remuneration received by a working partner is generally taxable as business income. However, the proviso to Section 28(v) excludes salary or remuneration, including any part of it, that has not been allowed as a deduction to the firm under Section 40(b). Accordingly, remuneration disallowed to the firm is not chargeable in the partner's hands. This exclusion applies to both salary and remuneration and prevents taxation of amounts for which the firm received no corresponding deduction.
Unexplained cash credit requires proof of identity, creditworthiness and genuineness; banking records and financial capacity can discharge the taxpayer's burden.
Section 68 addition for an unsecured loan or advance is unsustainable where the taxpayer establishes the creditor's identity, creditworthiness and transaction genuineness through PAN, tax return, financial statements, bank records, ledger entries and company master data. Sufficient reserves and surplus support the creditor's capacity, while receipt and repayment through banking channels with matching accounting entries support genuineness. A prior statement by an alleged entry operator does not, without evidence of control over the creditor during the relevant year or linkage to the transaction, establish that the loan was an accommodation entry. The taxpayer consequently discharges the burden of proof under Section 68.
Interest capitalisation fails where surplus interest-free funds fully finance capital work-in-progress, eliminating any proven borrowing nexus.
Interest expenditure cannot be allocated to or capitalised in capital work-in-progress when available interest-free funds exceed the value of that work-in-progress and are sufficient to finance it entirely. In the absence of a demonstrated nexus between borrowed funds and the capital asset, related interest disallowance is unsustainable. The interest expenditure therefore remains outside the cost of capital work-in-progress.
Explained cash deposits from agricultural land sale proceeds cannot be added merely because the seller used no separate bank account.
Cash deposits sourced from a nephew's agricultural-land sale proceeds and existing cash in hand are not unexplained where sale deeds substantiate the sale and receipt of consideration. The family relationship, sale transaction and receipt of cash support the stated source when they remain undisputed. A minor difference between sale consideration and the deposited amount, or the seller's ability to maintain a separate bank account, does not by itself displace that explanation. The deposits are therefore satisfactorily explained, and no addition for unexplained money under Sections 68 or 69A is warranted.
Unsigned appeal memoranda left unrectified after notice resulted in dismissal of appeals as procedurally defective.
Unsigned Form No. 36 appeal memoranda remained defective despite Registry notices requiring rectification within ten days. As the defects were not removed by the hearing date, the appeals were dismissed as defective. The outcome turned on non-compliance with the procedural requirement to file signed appeal memoranda and cure notified defects.
Arm's-length pricing of management support services cannot be nil where evidence establishes rendition, business benefit, and reasonable cost allocation.
Arm's-length pricing of intra-group management support services requires application of the benefit test: services must be rendered and provide economic or commercial value, while shareholder and duplicative activities are not chargeable. Service agreements, cost-allocation workings, benchmarking support and functional material can establish rendition and benefit; acceptance of part of the payment further supports that conclusion. Inclusion in a TNMM cost base does not alone prove benefit but may corroborate operational use. A 5% mark-up on indirect costs within the comparable range was consistent with low value-adding intra-group service principles. Pricing the disputed services at nil was unsustainable, requiring deletion of the transfer-pricing adjustment.
DRP assessment limitation: section 153's outer deadline governs final orders, rendering delayed assessments jurisdictionally invalid despite prompt-finalisation requirements.
Pending proceedings before a larger Supreme Court Bench do not require deferral where the applicable authority remains unstayed and any interim restraint does not cover it. For assessments under the DRP mechanism, sections 144C and 153 operate together: DRP directions remain part of the assessment process, while section 144C(13)'s prompt-finalisation requirement does not displace section 153's outer limitation. Final assessment orders issued after the applicable statutory deadline are barred by limitation and jurisdictionally invalid, notwithstanding compliance with DRP directions.
Income-tax assessment jurisdiction at the declared communication address remains valid where no timely jurisdictional objection is raised.
Income-tax assessment jurisdiction at Indore rested on the assessee's electronic returns identifying Ward 3(1), Indore as the Assessing Officer, acceptance of assessment there for an earlier year, and service of notices at the communication address provided in the returns. Scrutiny selection through the computer-assisted system did not undermine that jurisdiction. No statutory objection to jurisdiction was raised, and the proposed transfer lacked confirmation that an operating office existed at the stated Maharashtra address. As adequate notice and opportunity were provided, the assessee's non-participation did not establish a breach of natural justice. The assessment and refusal to transfer were therefore not invalid for want of jurisdiction.
Recovery pending statutory appeals: collection on linked tax-disallowance demand must remain deferred until appeals are resolved.
Recovery of a disallowance arising from alleged non-deduction of tax at source should remain deferred where the related demand for the same assessment year has already been stayed pending statutory appeals after the stipulated deposit. Because the disallowance under Section 40(a)(ia) arose from the same underlying issue, recovery should not proceed until the appeals are decided. The merits of the tax liability and the depositors' claimed exemption remain unadjudicated. The statutory appeals should be disposed of expeditiously, preferably within three months.
Tax-deduction penalty proceedings remain in abeyance pending appellate disposal, resulting in closure of related writ petitions.
Penalty proceedings for failure to deduct tax at source remained in abeyance until disposal of the taxpayer's appeal against the tax-deduction-default order. Related expenditure disallowances for tax-deduction non-compliance resulted in assessment orders for several assessment years, which were separately stayed. As penalty action was deferred pending appellate disposal and no further directions were required, the related writ petitions and miscellaneous petitions were closed without costs.
Tax recovery abeyance pending Tribunal appeal was made conditional on securing the Revenue through further deposit.
Tax recovery arising from tax-deduction assessments was directed to remain in abeyance pending the Tribunal's final decision, subject to protection of the Revenue's interests. The taxpayer had already deposited part of the disputed demand and undertook to make a further deposit. Recovery was stayed on condition that Rs. 30 crores be deposited within four weeks, preserving security for the disputed tax liability during the proposed appellate proceedings.
The PMLA's statutory twin conditions apply equally to anticipatory bail in money-laundering matters. Bail-stage assessment is based on available material and probabilities, without a mini-trial; Section 50 statements may be considered with corroborative bank-account analysis and a financial trail. Repeated non-compliance with summons may be relevant to assessing whether an applicant is avoiding the inquiry. Where the material does not provide reasonable grounds to believe that the applicant is not guilty, anticipatory bail is unavailable. Money-laundering proceedings are distinct from predicate-offence proceedings, so pre-arrest protection in the predicate offence does not automatically extend to a PMLA proceeding.
Anticipatory bail for money laundering requires satisfying stringent twin conditions despite bail protection in the predicate offence.
Anticipatory bail for money laundering under the Prevention of Money Laundering Act, 2002 is subject to the twin conditions requiring reasonable grounds to believe that the applicant is not guilty and will not commit an offence while on bail. Bail protection in a predicate offence does not automatically apply to the separate offence of money laundering. Statements recorded under the Act, when corroborated by bank-account analysis and a financial trail, may link a person to alleged proceeds of crime. Non-compliance with personal-appearance summons, a prima facie fund trail, and the gravity of economic offences may preclude satisfaction of the statutory conditions and result in denial of anticipatory bail.
Notification No. F.14 (90)/LA/2023/ala1/4-11 Dated:- 11-1-2024 Delhi SGST
Delhi GST amendments introduce a three-year limitation for furnishing outward-supply details, returns, annual returns and electronic-commerce operator statements, subject to notified relaxations. Input tax credit is blocked for goods or services used for corporate social responsibility obligations, and payment-related credit conditions are revised. Registration cancellation revocation, delayed-refund interest and best-judgment assessment procedures are modified. The framework also revises appellate tribunal arrangements, electronic-commerce operator penalties, compounding rules, consent-based sharing of taxpayer information, and retrospective Schedule III treatment with a bar on refunds of tax already collected.
Notification No. 22/2023-State Tax Dated:- 11-7-2024 Delhi SGST
Section 128 powers amend the sixth proviso by replacing 30 June 2023 with 31 August 2023 as the operative deadline. The substituted date is deemed to apply from 30 June 2023, giving the amendment retrospective commencement from that date.
Circular No. PUBLIC NOTICE NO. 54/2021 Dated:- 7-6-2021 Trade Notice Dated:- 7-6-2021 Trade Notice
AEO certificates remain valid for three years for AEO-T1 and AEO-T2 entities and five years for AEO-T3 and AEO-LO entities. Certificates that expired or were due to expire between 1 April 2021 and 31 May 2021 were extended until 30 June 2021 to facilitate renewal affected by COVID-related restrictions. The extension is unavailable to entities found ineligible for continuation under the AEO Programme.
Circular No. 20 Dated:- 2-9-2026 Circular Dated:- 2-9-2026 Circular
Reporting requirements for Authorised Dealer Category-I banks concerning accounts of non-resident banks are dispensed with immediate effect. The discontinued obligations include annual submission of updated lists of offices and branches maintaining Rupee accounts of non-resident banks and reporting of temporary overdrawals by overseas branches or correspondents exceeding permissible limits where unadjusted beyond five days. The directions operate without affecting permissions or approvals required under other applicable law.
Customs, DGFT & SEZ
Dated:- 3-9-2026
NPOP-certified ethnic rice exports from Tripura to Austria and the Netherlands connect local farmers and Farmer Producer Companies with international markets through organised, export-oriented production. The initiative emphasises certification, traceability, food safety and quality as requirements for access to markets for certified organic products. Buyer-seller linkages support export opportunities, while coordinated organic value-chain engagement strengthens certification and quality systems and supports producers in meeting international standards.
Circular No. PUBLIC NOTICE NO. 55 /2021 Dated:- 16-6-2021 Trade Notice Dated:- 16-6-2021 Trade Notic...
Testing of specified customs goods is authorised through FSSAI-notified outside laboratories for six months from 16 June 2021. Animal feed additives and premixes, and extra virgin edible-grade oil, may be tested at the identified laboratories. Under section 145 of the Customs Act, 1962, the importer or owner must bear the testing cost. Implementation directions operate as a standing order for customs officers and staff.
Notification No. 23/2023-State Tax Dated:- 20-10-2023 Delhi SGST
Exercise of the special-procedure power under section 148 of the Delhi Goods and Services Tax Act, 2017, substitutes 31 August 2023 for 30 June 2023 as the date stipulated under Notification No. 03/2023-State Tax. Although issued on 20 October 2023, the amended deadline is deemed effective from 30 June 2023.