Goodwill write-off already added back in computing taxable income should not be added again in assessment; an ambiguous rectification that potentially disallows goodwill beyond withdrawal of consequential depreciation cannot prejudice the assessee. The further goodwill disallowance was deleted, while the depreciation disallowance was sustained on the assessee's concession. A claim for set-off of brought-forward business losses requires verification of its quantum and eligibility from earlier-year records where it has not been adjudicated. That claim was remitted to the AO for verification and lawful set-off after reasonable opportunity. The appeal was partly allowed for statistical purposes.

Search-related assessments initiated on or after 1 April 2021 must proceed under the reassessment framework, rather than regular scrutiny assessment provisions. Where seized material belongs to a third party, the Assessing Officer must record satisfaction that it pertains to the assessee and obtain prescribed approval; non-compliance can invalidate the assessment. For unsecured loans, identity, creditworthiness and genuineness may be established through corporate, financial, banking, confirmation and repayment records, while untested third-party statements cannot alone support additions. Transfer-pricing analysis should respect accepted guarantee-pricing methods and avoid separate interest adjustments where delayed receivables are already r.....

Taxability of receipts reported in Form 26AS depends on the real nature of the underlying transaction, not solely on the deductor's description of them as commission. Form 26AS reflects deductor-reported TDS information and is not conclusive of the recipient's taxable income. Invoice-wise reconciliation of recharge-voucher purchases and sales may establish that the difference between reported receipts and declared commission represents trade discount. Where the Revenue produces no material disproving that reconciliation or showing the discount to be fictitious, trade discount cannot be assessed as commission income merely because it is reported as such in Form 26AS.

Interest on enhanced compensation for compulsorily acquired agricultural land is taxable under the provisions governing such interest where binding jurisdictional precedent so requires. Rectification is limited to mistakes apparent from the record and cannot be used to review, modify, or avoid binding jurisdictional precedent on the basis of a contrary Coordinate Bench view; relief through rectification is therefore unavailable. Where the interest is taxable as income from other sources, the statutory fifty per cent deduction must be allowed. Taxable interest must consequently be computed after granting that deduction where it has not already been provided.

Recovery of erroneously paid drawback under Rule 16, despite the absence of an express limitation period, must be initiated within a reasonable time where fraud or suppression is not alleged. Mere non-production of proof of realisation of export proceeds does not equate to fraudulent availment. An inordinate, unexplained delay in commencing recovery proceedings, compounded by delay in adjudication, rendered the recovery unsustainable. The belated recovery order and consequential bank-account attachment were set aside; the availability of an appellate remedy and delay in seeking writ relief did not bar relief because the order lacked statutory authority.

Customs reclassification of mixed-fibre polyester warp knitted fabrics requires Revenue to establish, through cogent technical evidence, that the declared residual classification is incorrect. Fibre composition and textile construction under Chapter 60 cannot be determined solely from commercial documents, visual examination, or a generic polyester description. Where samples, laboratory reports, and evidence of misdeclaration or suppression are absent, an accepted self-assessment cannot be reopened or replaced with multiple alternative tariff entries. Classification under Customs Tariff Item 6005 9000 and the related concessional basic customs duty benefit therefore remained available, and the differential duty, interest, and penalties were unsustainable.

Article 226(2) permits writ jurisdiction where part of the cause of action arises within a court's territory, but its discretionary operation requires consideration of forum conveniens and the principal, substantial nexus. Issuance of an investigation order from Delhi and an affidavit filed by an SFIO officer there did not create a sufficient nexus with Delhi. Mumbai was the appropriate forum because the companies' registered offices and records, the relevant Registrar of Companies, insolvency proceedings, the competent Special Court, and related investigation proceedings were situated there. The writ petition was dismissed for want of territorial jurisdiction, without examining the investigation's merits.

Approved insolvency resolution plan waivers of indirect-tax liabilities did not extend to GST liabilities arising after 1 April 2022. The cited Supreme Court precedent on the binding effect of resolution plans was inapplicable on the stated facts, while a High Court ruling was identified as clarifying the position. The challenge based on the resolution plan was not accepted; the taxpayer could pursue the statutory appeal on meeting the prescribed pre-deposit requirement.

PMLA provisional attachment challenges should ordinarily proceed through the statutory adjudicatory framework: the Adjudicating Authority examines the attachment after hearing the affected person, followed by appeals to the Appellate Tribunal and High Court. Availability of an alternative remedy does not bar writ jurisdiction, but a writ petition will generally not be entertained where that remedy is efficacious and no exceptional circumstance, such as patent lack of jurisdiction, breach of natural justice or statutory violation, is shown. Objections on proceeds of crime, jurisdiction and attachment validity may be raised before the statutory forum. The writ petition was dismissed as not maintainable, with liberty to pursue PMLA remedies.

Banks may identify and report suspicious transactions but cannot unilaterally freeze customer accounts without statutory authority. Section 12AA of the Prevention of Money Laundering Act permits identity verification, record examination and information requisition as compliance measures; it does not grant investigative or adjudicatory powers to freeze accounts. RBI KYC Directions similarly require customer due diligence, information collection, transaction monitoring and regulatory reporting, rather than indefinite freezing based solely on transaction volume. Property attachment and account-freezing powers lie with competent authorities acting under prescribed legal procedure.

Best-judgment assessment of security agency service value must rest on actual, verifiable records and a rational nexus to services and consideration, rather than assumed growth or earlier peak turnover; unsupported demands require fresh determination. Receipts must be examined transaction-wise to exclude legally exempt, non-taxable and genuine reimbursable amounts, subject after amendment to pure-agent conditions. Export and SEZ exemptions require examination of transactional evidence, not rejection solely for missing documents. CENVAT credit cannot be denied merely because salary expenditure predominates; admissibility requires record-based verification. Extended limitation requires deliberate evasion and is unavailable for disclosed audit.....

Wet lease arrangements for CNG compressors and related equipment constitute supply of tangible goods service where the supplier installs, operates and maintains the equipment, retaining possession and effective control; customers therefore receive use of equipment rather than a transferable right to use it. Service tax liability applies to the transactions for the relevant periods. Extended limitation may be invoked where contractual terms and applicable provisions identify the service as taxable, and payment of sales tax under a different contractual understanding does not remove service tax liability; suppression concerning a High Court judgment also supported the extended period. A rectification order addressing one show cause notice may merge with the original adjudication order where it forms part of that adjudication and the original findings stand upheld by the High Court.

CENVAT credit on qualifying capital goods remains available where an EPC contractor purchases the goods, invoices name the manufacturer as consignee, and the goods are received in the factory for installing a captive cogeneration plant indispensable to manufacture. Entitlement does not depend on the manufacturer owning the goods at receipt or purchasing them directly. Incorporation of the goods into an immovable captive plant after installation does not negate credit. Denial of credit solely because the contractor procured the capital goods is therefore unwarranted, and penalty does not arise on that basis.

Reverse charge liability is extended to renting of immovable property other than a residential dwelling when an unregistered person supplies the service to a registered person. The registered recipient is liable for tax under the applicable reverse charge mechanism. The new table entry is deemed effective from 10 October 2024.

Transportation of passengers, with or without accompanied baggage, by air in a helicopter on a seat-share basis is inserted as a separate service entry subject to a 2.5 rate. The rate applies only where credit of input tax charged on goods used to supply the service has not been taken. The related passenger-transport entry in the rate table is correspondingly updated, and the amendment is deemed effective from 10 October 2024.

An adjudicating authority may independently assess an expert valuation report because the report is advisory and not binding. It may reach its own conclusion after considering the report, without necessarily obtaining a contrary expert opinion. The valuation report was directed to be placed on record, along with written submissions, and the matter was listed for further hearing.

GSTR-3B filing compliance for November 2019 is extended for registered persons whose principal place of business is in Assam, Manipur, Meghalaya or Tripura. Such persons may furnish the return electronically through the common portal on or before 31 December 2019. The extension is introduced by an additional proviso in the earlier State Tax notification and is deemed effective from 23 December 2019.

Reverse-charge liability is extended to supplies of metal scrap classified under Chapters 72 to 81, where an unregistered person supplies to a registered person. The registered recipient is liable to pay tax under the reverse-charge mechanism. The reverse-charge schedule is expanded through a separate entry for these metal scrap supplies, with deemed effect from 10 October 2024.

Expert valuation reports are persuasive, not binding, on the Assessing Officer or Tribunal. The Assessing Officer must independently form a holistic and balanced view of all material before accepting or rejecting an expert valuation. The Tribunal must likewise examine the valuation dispute independently and give reasons for accepting or rejecting the expert opinion. Acceptance of an expert valuation without recorded reasons cannot support deletion of a royalty addition; the valuation issue requires fresh consideration by the Tribunal.

Registered persons with their principal place of business in Assam, Manipur or Tripura, and aggregate turnover exceeding 1.5 crore rupees in the preceding or current financial year, receive an extended time limit for furnishing November 2019 outward-supply details in FORM GSTR-1. The extension runs until 31 December 2019 and is deemed effective from 11 December 2019.