In a landmark ruling, the SC clarified that an assessee in default cannot be made to pay tax already discharged by the recipient, reaffirming Circular No. 275/201/95-IT(B).
The Supreme Court held that the without aid of power exemption cannot apply when any essential step, like stentering, uses electricity. Continuous multi-unit processing is treated as a single power-aided manufacture.
Supreme Court found that a GST notice alleging fraud lacked material particulars and stayed further proceedings. Key takeaway: SCNs under Section 74 must clearly state the factual basis for alleging fraud or suppression.
The Court held that the assessee failed to prove ₹20.06 crore in purchases and restored the AO’s 100% addition. It ruled that partial estimation was unjustified and Section 69C required full disallowance.
Court held that reopening was invalid because officer ignored that depreciation on goodwill had already been accepted in earlier scrutiny assessments. It ruled that reassessment cannot be based solely on audit objections without independent evaluation.
Court held that undisclosed income under Chapter XIV-B may be computed using both seized search material and other information connected to it. The ruling confirms the Assessing Officer’s power to rely on post-search enquiries if they relate to search evidence.
The Court held that pending SLP does not bar enforcement of binding High Court precedent. The petitioner’s refund of ₹65 lakh for unutilized IGST was reinstated.
The Court clarified that rental payments for aircraft engines fall under equipment per the India-Netherlands DTAA, and beneficial DTAA rates apply for TDS. Section 206AA cannot override these provisions.
SC ordered Department to comply with High Court directions and issue C-Forms and F-Forms after verification of indemnity bonds, leaving legal questions open for future cases.
The Court held that once evidence under Section 145 NI Act has commenced, returning the complaint solely due to the 2015 jurisdictional amendment is improper. It restored the case to the Kolkata court, emphasizing continuity of proceedings and preventing prejudice to either party.
