Tribunals and Commissions judgments

CESTAT Kolkata rules that turnkey construction contracts cannot be reclassified as consulting engineer services for service tax purposes, affirming their exemption under Notification No. 25/2012-ST. This clarifies the scope of composite transactions in infrastructure projects and bars extended-period demands absent suppression, protecting PSUs and contractors from misapplied tax liabilities.

The ITAT Kolkata has ruled that failure to issue a Section 143(2) notice at all renders reassessment proceedings null and void, and the curative provision under Section 292BB does not apply to complete non-issuance - only defective service. This clarifies a critical jurisdictional safeguard for assessees, reinforcing that procedural compliance is non-negotiable in tax reassessments.

CESTAT Kolkata has ruled that importers cannot be penalized with late fees under Section 46 when excess cargo is identified only after customs clearance and the delay stems from logistical or inspection realities beyond their control. This sets a critical precedent for traders facing unforeseen discrepancies in cargo declarations, reinforcing that administrative penalties must align with fault-based liability under the Customs Act.

The ITAT Kolkata has ruled that once a case is selected for scrutiny under Section 143(2), any intimation under Section 143(1) issued thereafter is legally void. This sets a critical precedent for taxpayers and CPCs, reinforcing that procedural sequencing is mandatory and that adjustments to exemptions like Section 10(23C)(VI) cannot be made through automated intimations after scrutiny is triggered.

The ITAT Delhi has ruled that fees paid for credit ratings and surveillance services do not qualify as royalty or fees for technical services under the India-Singapore DTAA unless there is a transfer of technical know-how to the client. This sets a crucial precedent for multinational rating agencies and foreign service providers, clarifying the taxability of intangible services in cross-border transactions.

The ITAT Bangalore has ruled that the Assessing Officer cannot impose ad hoc disallowance under Section 69C when audited books of account substantiate genuine purchases from agriculturists, even in the absence of PAN details. This sets a critical precedent for small traders and farmers' suppliers, affirming that procedural compliance cannot override substantive verification of transaction authenticity.

ITAT Pune has ruled that delays in filing tax appeals must be condoned when the core issue involves substantial justice, particularly where reassessment stems from survey-based proceedings and the assessee has offered a plausible explanation. This sets a critical precedent for taxpayers facing technical rejections in complex, non-routine tax investigations, reinforcing that procedural lapses cannot override meritorious claims.

The ITAT Delhi has ruled that for non-searched persons under Section 153C, the ten-year assessment block begins when the Assessing Officer receives seized documents - not from the date of the original search. This clarifies jurisdictional limits and protects taxpayers from retrospective assessments based on delayed document transfers, impacting thousands of pending cases involving third-party seizures.

The ITAT Delhi has ruled that employer contributions to PF and ESI must be deposited by the 15th of the month in which salary liability arises, not when the salary is actually paid. This clarifies a widespread compliance ambiguity and impacts all businesses delaying deposits beyond the liability month, even if payroll is processed later. Failure to comply now triggers automatic disallowance under Section 36(1)(va), regardless of eventual payment timing.

The ITAT Bangalore ruled that public sector banks can claim CSR spending and 60% depreciation on ATMs as allowable business expenses under Section 36(1)(viii), thereby excluding them from Section 115JB book profit tax. This sets a critical precedent for the banking sector, affirming that regulatory compliance costs and infrastructure investments essential to modern banking operations qualify as genuine business expenditures, not disallowable non-business outlays.

ITAT Bangalore has ruled that goodwill acquired in a slump sale qualifies for depreciation under Section 32, even if it arises from excess consideration over net assets, rejecting the revenue's argument that it is a self-generated asset. This clarifies that business acquisitions via slump sale are distinct from amalgamations and affirms the tax treatment of intangible assets in corporate restructuring, impacting M&A valuations and audit practices nationwide.

The ITAT Bangalore ruled that unexplained cash deposits under Section 69A cannot be added if the assessee substantiates the source through audited financial records and verified cash flow patterns, rejecting the Assessing Officer’s speculative assumption. This sets a critical precedent for individuals and small businesses facing scrutiny over bank deposits, affirming that documentary evidence trumps mere disbelief.

ITAT Pune has ruled that an ex-parte order under Section 250 of the Income Tax Act is void if the assessee never received e-notices because the registered email ID was inaccessible or not theirs. This reinforces that procedural fairness requires actual notice, not just electronic service, and protects taxpayers from technical failures beyond their control.

ITAT Mumbai rules that Section 115BBDA's restriction on set-off of losses applies only to dividends from Indian companies, not foreign subsidiaries. This clarifies that unabsorbed depreciation can be lawfully adjusted against foreign dividend income, significantly benefiting multinational corporations with overseas earnings and reshaping tax planning strategies for Indian parent entities.

ITAT Nagpur nullifies a penalty order under Section 271(1)(c) for failing to clearly state whether it was for concealment of income or furnishing inaccurate particulars, reinforcing that procedural clarity is non-negotiable in tax penalty proceedings. This ruling binds assessing officers nationwide to avoid vague, hybrid allegations and ensures taxpayers receive fair notice before penalty imposition.

The ITAT Delhi has ruled that interest earned on non-convertible debentures during the broken period between purchase and sale-paid by the buyer, not the issuer-constitutes interest income under 'Income from Other Sources', not capital gains. This clarifies a critical tax treatment for institutional investors trading NCDs in secondary markets, preventing misclassification that could distort tax liability and compliance strategies.

CESTAT Kolkata rules that royalty deductions made by state authorities from contractors under Form M/N for mineral procurement do not trigger reverse charge liability under service tax law. This shields works contract sub-contractors from retrospective tax demands based solely on balance sheet entries, setting a critical precedent for mining and infrastructure contractors nationwide.

The ITAT Bangalore ruled that tax at source under Section 40(a)(ia) is triggered when professional fees are accrued in the books, not when paid - allowing deduction in the year TDS is actually deposited, even if delayed. This clarifies compliance for asset managers and intermediaries making accrual-based provisions, aligning tax treatment with accounting principles.

The ITAT Bangalore ruled that reimbursement of salaries to group companies for seconded employees triggers TDS obligations under Section 195 if the Indian entity functions as the economic employer, regardless of cost-to-cost accounting. This clarifies that inter-company cost recovery does not override the substance-over-form principle in cross-border secondments, impacting multinational corporations with shared staffing models.

CESTAT Kolkata rules that when a proprietorship supplies manpower to a body corporate, the recipient bears service tax liability under reverse charge - and the department cannot rely on Form 26AS data to resurrect a time-barred demand for FY 2016-17. This clarifies the limits of tax authorities using third-party income records to override return filings after the limitation period has expired, protecting small service providers from retrospective reassessments.

A local authority is entitled to income tax exemption under Section 10(20) even if it mistakenly claimed deductions under Section 57, as long as its status as a qualifying local authority is established. This ruling protects municipal bodies from losing statutory exemptions due to technical filing errors, reinforcing that substance overrides form in tax exemption claims.

The ITAT Pune has ruled that interest paid on enhanced compensation for compulsorily acquired agricultural land is not taxable under Section 56(2)(viii) of the Income Tax Act, regardless of the jurisdictional boundary of the Bombay High Court. This clarifies a widespread misconception and provides uniform tax relief to landowners across Maharashtra and Goa whose land is acquired under the Land Acquisition Act, ensuring consistency in tax treatment nationwide.

ITAT Ahmedabad clarifies that capital gains tax under Section 45 of the Income Tax Act applies only to the amount actually received by a confirming party, not the entire sale consideration. The ruling underscores the need for tax authorities to assess liability based on real receipts, offering relief to taxpayers involved in joint property transactions where proceeds are shared.

ITAT Delhi ruled that donations to political parties engaged in accommodation entries do not qualify for tax deduction under Section 80GGC of the Income Tax Act. The tribunal upheld the disallowance of Rs. 3 lakhs claimed by the assessee, emphasizing that genuine political contributions must be free from fraudulent financial practices. This sets a precedent for scrutinizing political donations linked to money laundering schemes.