An approved resolution plan binds governmental creditors under section 31 of the Insolvency and Bankruptcy Code, while section 238 gives the Code overriding effect. The clean slate principle extinguishes pre-plan tax claims not included in the approved plan, precluding reassessment of the corporate debtor for those claims. Reassessment under sections 147 and 148 of the Income-tax Act addresses income escaping assessment and cannot be initiated against the corporate debtor to gather evidence concerning former management or third parties. Other statutory inquiry powers remain available.

Section 149 distinguishes the ordinary three-year period for reassessment from the extended period, which requires alleged escaped income to meet the prescribed Rs. 50 lakh threshold. Exclusion of specified time and extension of a short residual period cannot be used to invoke the extended period when that threshold is unmet. Section 151 requires the sanctioning authority to independently consider the material, including the taxpayer's reply, the income involved and limitation. Reasons supplied later cannot supplement approval lacking contemporaneous consideration.

Section 54F provides a proportionate capital gains exemption where the cost of the qualifying residential house is less than the net consideration. The cost of an excluded residential unit cannot simply be added as taxable income. For the stay of recovery, the tax computation used the statutory proportion rather than adding the entire cost of the second unit. The stay was conditional on payment of 20% of the recalculated tax and covered the specified balance pending disposal of the statutory appeal and for four weeks thereafter. Entitlement to exemption for both units remained undecided.

Penalty under section 271(1)(c) for furnishing inaccurate particulars arose from the disallowance of management service fees claimed on a bona fide basis in accordance with observations in an earlier assessment. The appeal against the impugned judgment and order was dismissed because no good ground was found to justify interference with it.

Lottery winnings are treated as income from other sources rather than business income, and participation in a lottery draw is not a business activity. This distinction is relevant where lottery tickets are held as stock-in-trade in a business. Section 115BB prescribes a special rate of tax for income from lottery winnings.

Transfer pricing of advertising, marketing and promotional expenditure concerns the allocation of brand-building costs between a taxpayer and an overseas intellectual property rights proprietor. Other issues include disallowance under Section 14A of the Income-tax Act in the absence of exempt income and the use of seized material from other assessment years to make disallowances.

Rice husk composite board made from extracted fibres bonded with PVC resin is classified as fibreboard under heading 4411, rather than particle board, based on its composition, manufacturing characteristics and essential character. Indian Standard specifications are not mandatory for determining the primary tariff heading. Rice husk board attracts GST at 12% before 22 September 2025 and 5% from that date under the applicable rate entries. The classification and rates depend on the authenticity of the submitted materials.

Tea-and-accessory bundles sold for a single price are mixed supplies, rather than composite supplies, when the items are separately supplyable and not naturally bundled in ordinary business. Natural bundling depends on customer expectations, industry practice and whether accompanying items are integral to the supply. A mixed supply attracts the highest GST rate applicable to any component. Bundles with stainless steel spoons, plastic spoons or glass cups attract 18% GST and use HSN codes 82159900, 39241090 and 70139900, respectively. Tea and wooden honey dipper bundles attract 5% GST; where both components attract the same rate, either component's HSN code may be used.

Compostable polymer-based or biodegradable plastic substitute carry bags fall under residual HSN 39269099 in Chapter 39 because preceding headings contain no specific entry for them. Biodegradable polymer-based bags within Chapter 39 qualify for the 5% GST rate under Entry 319 of Schedule I, subject to the validity of their claimed biodegradability. An interim test report recorded biodegradation of the tested sample, but other tests remained outstanding.

Specialised medical and surgical furniture falls under tariff heading 9402 rather than heading 9018 for medical instruments, as the explanatory notes exclude such furniture from heading 9018. Motorised surgeons' chairs, doctors' stools and ophthalmic refraction chair units fall under tariff item 94021090. Eye operating tables, ophthalmic instrument trolleys and instrument tables fall under tariff item 94029090. These supplies attract 18% GST, comprising 9% CGST and 9% SGST, at the rate applicable to goods under heading 9402.

Qualifying intrastate movements of goods up to 50 kilometres from a consignor to a transporter for onward transportation are exempt from furnishing Part-B conveyance details under Rule 138; an automated portal warning cannot override the exemption. A technical or minor infraction without evidence of intent to evade tax does not itself justify a penalty, and the Revenue bears the burden of proving clandestine diversion. Recurring issues, including mobile-squad enforcement jurisdiction during transportation checks, fall outside the monetary limit for departmental appeals.

GST confiscation and penalties for alleged excess stock require proof of the applicable statutory prerequisites, including intent to evade tax; a stock discrepancy alone is insufficient. Visual estimates without physical weighing, inconsistent verification sheets, available accounts, regular returns and the absence of independent evidence of manipulation or evasion are relevant to that assessment. Tax liability arising from stock discrepancies is determined under the appropriate demand and assessment provisions. The litigation policy excludes matters involving statutory interpretation from the monetary limit for departmental appeals.

Section 112 gives the Tribunal discretion to refuse admission of an appeal where the relevant amount of tax or input tax credit does not exceed Rs. 50,000. Refusal is discretionary rather than an automatic consequence of falling below the threshold. Where admission is refused at this stage, the substantive dispute is not examined on its merits.

GST registration cancellation notices must disclose the statutory grounds and essential particulars of alleged wrongful input tax credit, including relevant supplier identities, registration details and periods. Oral intimation or later reliance on statutory provisions cannot cure an inadequate notice. Cancellation proceedings are distinct from proceedings under section 74A. Rule 112 governs the admission of additional evidence on appeal, and natural justice requires an effective opportunity to rebut adverse inquiry material. Appellate proceedings are not ordinarily a fresh investigation to remedy deficiencies in the original adjudication.

GST registration cancellation requires a notice specifying the statutory grounds and material particulars, such as supplier details, registration numbers and relevant periods where wrongful input tax credit is alleged. Cancellation proceedings are distinct from tax determination proceedings, and wrongful input tax credit was subsequently omitted as a cancellation ground. Rule 112 restricts the admission of additional evidence on appeal. An appellate authority cannot cure a defective notice by introducing undisclosed grounds or evidence; natural justice requires an effective opportunity to rebut material relied upon.

Service tax reimbursement remains available under an agreement that generally places taxes on the contractor but provides for reimbursement of service tax on an actual basis. Where the work is complete, tax has been paid and no proceedings against the contractor are pending, the claim is subject to verification and processing under the agreement. Transitional input tax credit under section 140 of the Central Goods and Services Tax Act, 2017 remains available to the contract recipient for reimbursed service tax where the reimbursement claim was made before GST began and no specific bar has been identified as applicable. The transition to GST alone does not extinguish reimbursement or the corresponding credit.

Goods seized under Section 67 of the CGST Act remain eligible for provisional release after confiscation proceedings begin under Section 130. Release is subject to the prescribed bond and security or payment terms and does not prevent continuation of confiscation proceedings. Rule 140 sets out the bond and security requirements. Section 130 contains no express or implied prohibition on applying Section 67 after confiscation proceedings begin; its non-obstante clause was removed with effect from 1 January 2022. Harmonious construction, limits on statutory powers and the right to property under Article 300A inform the relationship between seizure, provisional release and confiscation.

The discrepancy in the adjudicated interest rate was recorded as corrected to 18%. The challenge also concerned the penalty demand, but neither the tax demand nor the penalty demand was adjudicated. The statutory appeal remedy was left open.

Extraordinary writ jurisdiction need not be exercised to entertain a prolonged, unexplained challenge to assessment and recovery orders where the taxpayer had an opportunity to participate in the assessment and pursue a statutory appeal. Participation in the assessment without filing a statutory appeal, coupled with failure to raise objections during the delay, is relevant to that determination. An appropriate application for correction may be pursued, subject to its maintainability.

Natural justice may be breached where a taxpayer is not given an opportunity to produce relevant business records identified for verification before assessment, even if personal hearings have been held. Setting aside the assessment is conditional on depositing 10% of the disputed tax within six weeks. Consequential actions, including bank attachment, are revoked, and the period from the assessment order to receipt of the order is excluded for limitation purposes.