Regular bail - parity with co-accused - Grant of regular bail to an accused whose attributed role was almost similar to that of a co-accused granted bail by the Apex Court - HELD THAT: - The investigation having concluded and the charge sheet having been filed, the Court found that the subsequent grant of bail to a co-accused by the Apex Court was a material circumstance. As the roles attributed to the co-accused and the applicant were almost similar, and having regard to the nature and gravity ... ... ...

Restoration of appeal dismissed for non-compliance with pre-deposit - Sufficient cause for delayed restoration application Restoration of appeal dismissed for non-compliance with pre-deposit - Sufficient cause for delayed restoration application - Restoration of an appeal dismissed for failure to make the mandatory pre-deposit and non-appearance, sought after a delay of almost five years. - HELD THAT: - The appellant and its engaged Chartered Accountant had been served with the Registry commu... ... ...

Communication of adjudication order for limitation - Dismissal of appeals against rejection of service-tax refund claims as time-barred without establishing the actual communication of the Orders-in-Original HELD THAT: - The Department had not produced proof that the Orders-in-Original had been delivered to the appellant before the asserted date of receipt. The date of issue or despatch could not, without verification of actual communication, be treated as the date from which limitation for f... ... ...

Threshold limit prescribed for litigation before the CESTAT - amount of revenue involved in the present appeal filed by the Revenue is less than Rs.50,00,000/- - HELD THAT:- The Revenue's appeal was dismissed under the National Litigation Policy as the revenue involved was below the prescribed threshold for litigation before the CESTAT.... ... ...

TDS Credit under cash system of accounting - Bar on direct demand for tax deducted at source but not deposited by deductor Credit of tax deducted at source under cash system of accounting - Reconciliation of carried-forward TDS credit - Entitlement to credit of TDS entries carried forward under the cash system of accounting and reconciled with Form 26AS - HELD THAT: - The assessee had mapped each pending TDS entry with the corresponding entries in Form 26AS for the preceding and current asses... ... ...

Assessment u/s 153C - determination of six-year assessment block for other person - Seized documents - 'belongs to' versus 'pertains to or relates to' test under section 153C Validity of assessments u/s 153C for assessment years falling outside the six-year block reckoned from the recording of satisfaction in the case of the other person - HELD THAT: - Where the Revenue sought to invoke the amended scope of the relevant assessment years, reliance on that amendment was required... ... ...

Adjustment relating to transaction of sale of goods - non Consideration of transfer-pricing documentation - Notional interest on trade receivables and payables Transfer-pricing adjustment on sale of diagnostic kits determined without considering the transfer-pricing documentation filed by the assessee - HELD THAT: - The Transfer Pricing Officer proceeded on the express premise that no transfer-pricing documentation had been furnished. Since the documentation had in fact been filed, the adjust... ... ...

Registration under section 12AB pending registration under the Rajasthan Public Trust Act, 1959 - Genuineness of charitable activities - Approval under section 80G consequential to section 12AB registration Rejection of the application for registration u/s 12AB on the grounds of absence of registration under the Rajasthan Public Trust Act, 1959 and non-genuineness of activities, with consequential effect on the application for approval u/s 80G - HELD THAT: - On the assessee's statement th... ... ...

Extinguishment of income-tax dues under approved resolution plan - Section 43B disallowance - Sustainability of the section 43B disallowance for the period preceding the effective date under the approved resolution plan - HELD THAT: - The Department's communication expressly stated that all payables and receivables for periods preceding the effective date stood extinguished under the resolution plan approved by the NCLT. On that basis, the Tribunal accepted the assessee's claim. [Paras 7... ... ...

Limitation for final assessment pursuant to Dispute Resolution Panel directions Commencement of the limitation period for completing the final assessment after issuance of the Dispute Resolution Panel directions - HELD THAT: - Section 144C(13) requires completion of assessment within one month from the end of the month in which the directions are received. Following Ramco Cement Ltd. [2025 (5) TMI 622 - MADRAS HIGH COURT] Tribunal held that where the directions were uploaded on the ITBA porta... ... ...

Penalty under section 271AAB for undisclosed income admitted during search - Undisclosed income admitted in statement under section 132(4) HELD THAT: - The assessee admitted the income in the statement recorded during search, specified the manner in which it was derived, declared it in the return and paid the due taxes. The lower authorities had also found that the income would not have been offered but for the search. The conditions for penalty were therefore held satisfied, and the admitted... ... ...

Credit for tax deducted at source reflected in Form 26AS - claim denied merely because it was omitted from the return of income - Procedural lapse in claiming tax credit HELD THAT: - The deduction and deposit of tax, reflected in Form 26AS, were not specifically disputed by the Revenue. A procedural lapse in omitting the claim in the return could not defeat credit for tax lawfully deposited on the assessee's behalf, particularly when denial would retain tax in excess of the liability and ... ... ...

Penalty for misreporting of income u/s 270A(9) - non specification of statutory limb - Ambiguity in penal proceedings HELD THAT: - Penalty proceedings are independent and penal in character and must therefore be free from ambiguity. Although the assessment order initiated penalty for misreporting and the penalty order repeatedly referred to under-reporting consequent upon misreporting, the Assessing Officer neither at initiation nor in the penalty order identified any clause of sub-section (9... ... ...

Penalty for concealment or inaccurate particulars - absence of assessment variation - Penalty notice - non-specification of charge Penalty for bad-debt claim withdrawn in reassessment return - Absence of assessment variation - Levy of penalty for the bad-debt claim withdrawn by the assessee in the return filed in response to notice u/s 148, where the reassessment accepted that return without further addition or disallowance - HELD THAT: - Penalty under section 271(1)(c) requires an addition o... ... ...

Validity of a penalty order where the underlying assessment, made without a valid notice u/s 143(2) by the jurisdictional Assessing Officer - HELD THAT: - The Division Bench members agreed that the assessment was invalid for want of a valid jurisdictional notice, but differed on whether its validity could be raised in collateral penalty proceedings after the assessment had attained finality. The Third Member held that an order passed without jurisdiction is a nullity which may be challenged w... ... ...

Leave encashment exemption u/s 10(10AA) for non-government employees - Retrospective application of beneficial and curative fiscal measures - Applicability of the enhanced exemption ceiling for leave encashment u/s 10(10AA) to Assessment Year 2021-22 HELD THAT: - The enhancement of the exemption ceiling was held to be a beneficial and curative measure intended to remedy hardship caused by the prolonged non-revision of the limit. Beneficial fiscal provisions intended to remove unintended hards... ... ...

Reasonable period for initiation of penalty proceedings Reasonable period for initiation of penalty proceedings - Penalty proceedings under section 271DA initiated after delay. - HELD THAT: - The Court accepted the applicability of the Division Bench ruling in SHRI. K. UMESH SHETTY [2025 (1) TMI 1237 - KARNATAKA HIGH COURT]governing delayed initiation of penalty proceedings; the respondent did not dispute that legal position. [Paras 4] The penalty order and consequential demand notice were... ... ...

Limitation for initiation of penalty proceedings - Validity of penalty proceedings under section 271DA in light of the limitation governing their initiation - HELD THAT: - The respondent did not dispute the legal position relied on by the petitioner in SHRI. K. UMESH SHETTY [2025 (1) TMI 1237 - KARNATAKA HIGH COURT]. Accepting that position, the Court held that the petition deserved to succeed. [Paras 4] The impugned penalty order and consequential demand notice were quashed. Final Conclus... ... ...

Initiation of penalty proceedings within a reasonable period - Delay and laches in penalty proceedings u/s 271DA HELD THAT: - The respondent did not dispute the legal position placed by the petitioner as per SHRI. K. UMESH SHETTY [2025 (1) TMI 1237 - KARNATAKA HIGH COURT]. The Court accepted that position and held that the impugned penalty order and consequential demand could not be sustained. [Paras 3, 4, 5] The penalty order and the consequential demand notice were quashed. Final Conc... ... ...

Tax deduction at source on interest forming part of enhanced land acquisition compensation HELD THAT: - A Co-ordinate bench of this Court in M/s. Power Grid Corporation of India ltd. [2018 (3) TMI 2074 - KARNATAKA HIGH COURT] held that the interest awarded under Section 28 of the Act, 1894 forms part of the compensation and therefore, no TDS can be deducted on such payment. Interest awarded under Section 28 is an accretion to the value of the acquired land, forms part of the enhanced compe... ... ...