Loading...

⚠ ✕
❮ Top
☎ Help
☰
×

By creating an account you can:

Logo TaxTMI
Call Us / Help / Feedback✕

Contact Us At :

✉ E-mail: [email protected]

✆ To Call / Whatsapp, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters 0/2000
Make Most of Text Search ✕
  1. Checkout this video tutorial: How to search effectively on TaxTMI.
  2. Put words in double quotes for exact word search, eg: "income tax"
  3. Avoid noise words such as : 'and, of, the, a'
  4. Sort by Relevance to get the most relevant document.
  5. Press Enter to add multiple terms/multiple phrases, and then click on Search to Search.
  6. Text Search
  7. The system will try to fetch results that contains ALL your words.
  8. Once you add keywords, you'll see a new 'Search In' filter that makes your results even more precise.
  9. Text Search
╳
Add to...
You have not created any category. Kindly create one to bookmark this item!
✕
Create New Category
Hide
Title :
Description :
❮❮ Hide
❮ Default View
Expand ❯❯
Close ✕
🔎 Filters / Advanced Search ❯
TEXT

Press 'Enter' to add multiple search terms. Rules for Better Search

Search In
Main Text + AI Text ❯
  • Main Text
  • Main Text + AI Text
  • AI Text
  • Title Only
  • Head Notes
  • Citation
Party ?
Party name / Appeal No.
Law
---- All Laws---- ❯
  • ---- All Laws----
  • GST
  • Income Tax
  • Benami Property
  • Customs
  • Corporate Laws
  • Securities / SEBI
  • Insolvency & Bankruptcy
  • FEMA
  • Law of Competition
  • PMLA
  • Service Tax
  • Central Excise
  • CST, VAT & Sales Tax
  • Wealth tax
  • Indian Laws
Courts ?
Select Court or Tribunal
---- All Courts ---- ❯
  • ---- All Courts ----
  • Supreme Court - All
  • Supreme Court
  • SC Orders / Highlights
  • High Court
  • Appellate Tribunal
  • Tribunal / NCLT & Others
  • Appellate authority for Advance Ruling
  • Advance Ruling Authority
  • National Financial Reporting Authority
  • Competition Commission of India
  • ANTI-PROFITEERING AUTHORITY
  • Commission
  • Central Government
  • Board
  • DISTRICT/ SESSIONS Court
  • Commissioner / Appellate Authority
  • Other
Favour Of
---- In Favour Of ---- ❯
  • ---- In Favour Of ----
  • Assessee
  • In favour of Assessee
  • Partly in favour of Assessee
  • Revenue
  • In favour of Revenue
  • Partly in favour of Revenue
  • Appellant / Petitioner
  • In favour of Appellant
  • In favour of Petitioner
  • In favour of Respondent
  • Partly in favour of Appellant
  • Partly in favour of Petitioner
  • Others
  • Neutral (alternate remedy)
  • Neutral (Others)
Landmark ?
Where case is referred in other cases
---- Referred In ---- ❯
  • ---- Referred In ----
  • Referred in >= 3 Cases
  • Referred in >= 4 Cases
  • Referred in >= 5 Cases
  • Referred in >= 10 Cases
  • Referred in >= 15 Cases
  • Referred in >= 25 Cases
  • Referred in >= 50 Cases
  • Referred in >= 100 Cases
Situ ?
State Name or City name of the Court.
Eg: Madhya Pradesh, Orissa, Hyderabad

Use comma for multiple locations.

AY/FY ?
Enter only the year or year range (e.g., 2025, 2025–26, or 2025–2026).
Include ?
Searches for this word in Main (Whole) Text
Exclude ?
This word will not be present in Main (Whole) Text
From Date ?
Date of order
To Date

---------------- For section wise search only -----------------


Statute ?
This filter alone wont work. 1st select a law > statute > section from below filter
---- All Statutes---- ❯
  • ---- All Statutes ----
  • Select the law first, to see the statutes list
Section ?
Select a statute to see the list of sections here
---- All Sections ---- ❯
  • ---- All Sections ----
  • Select the statute first, to see the sections list

TMI Citation
Year ❯
  • Year
  • 2026
  • 2025
  • 2024
  • 2023
  • 2022
  • 2021
  • 2020
  • 2019
  • 2018
  • 2017
  • 2016
  • 2015
  • 2014
  • 2013
  • 2012
  • 2011
  • 2010
  • 2009
  • 2008
  • 2007
  • 2006
  • 2005
  • 2004
  • 2003
  • 2002
  • 2001
  • 2000
  • 1999
  • 1998
  • 1997
  • 1996
  • 1995
  • 1994
  • 1993
  • 1992
  • 1991
  • 1990
  • 1989
  • 1988
  • 1987
  • 1986
  • 1985
  • 1984
  • 1983
  • 1982
  • 1981
  • 1980
  • 1979
  • 1978
  • 1977
  • 1976
  • 1975
  • 1974
  • 1973
  • 1972
  • 1971
  • 1970
  • 1969
  • 1968
  • 1967
  • 1966
  • 1965
  • 1964
  • 1963
  • 1962
  • 1961
  • 1960
  • 1959
  • 1958
  • 1957
  • 1956
  • 1955
  • 1954
  • 1953
  • 1952
  • 1951
  • 1950
  • 1949
  • 1948
  • 1947
  • 1946
  • 1945
  • 1944
  • 1943
  • 1942
  • 1941
  • 1940
  • 1939
  • 1938
  • 1937
  • 1936
  • 1935
  • 1934
  • 1933
  • 1932
  • 1931
  • 1930
Volume ❯
  • Volume
  • 1
  • 2
  • 3
  • 4
  • 5
  • 6
  • 7
  • 8
  • 9
  • 10
  • 11
  • 12
TMI
Example 2024 (6) TMI 204
Sort By: ?
In Sort By 'Default', exact matches for text search are shown at the top, followed by the remaining results in their regular order.
Relevance Default Date
TMI Citation
☰   Show Results ❯
❮
❯
❯❯
Maximize Maximize Maximize
0 / 200
Expand Note
Add to Folder

No Folders have been created

+

Are you sure you want to delete "My most important" ?

NOTE:

Case Laws
Showing Results for :
Reset Filters
Results Found:
AI Text Quick Glance by AI Headnote
AI TextQuick Glance (AI)Headnote
Section 54F relief upheld for escrow-linked flat investment and timely court-directed use of capital gains funds.
Section 54F relief was available where sale consideration was effectively routed through an escrow arrangement towards a specifically allotted residential flat, even though registered conveyance and possession were delayed because of the builder dispute; the investment condition was satisfied in substance, and delay not attributable to the assessee did not defeat the claim. Relief was also available for amounts first deposited in the Capital Gains Accounts Scheme and then deposited with the High Court under interim directions, because the funds were timely applied towards the intended residential acquisition within the statutory period. The assessee's exemption claim under Section 54F was accepted in full, and the capital gains addition did not survive.
AI TextQuick Glance (AI)Headnote
Interest deduction allowed in full where documents showed borrowed funds were used for lending, not repaid through salary arrears.
Interest expenditure was held allowable in full where documentary evidence showed that the borrowed funds were wholly used to advance a loan, and the sum later received from the borrower was salary arrears rather than loan repayment. On that factual basis, the premise for a proportionate disallowance fell away, and no disallowance of interest under section 57(iii) remained justified. The sustained disallowance was deleted because reliable records, including Form 26AS, Form 16 and the ledger account, displaced the contrary inference and established the income-yielding use of the borrowed funds.
AI TextQuick Glance (AI)Headnote
Show-cause notice challenge failed where no final liability was and jurisdiction under CGST rules was upheld.
A writ petition against a show-cause notice was not entertained where no final determination of liability had yet been made, and the petitioner was left to file objections and a further reply before a reasoned speaking order. The jurisdictional challenge to the notice also failed: the relevant orders vested authority in the Deputy or Assistant Commissioner under the CGST framework with jurisdiction under Rule 11 of the Rules, and the description or rubber stamp below the signature was treated as immaterial. The writ petition was dismissed, with liberty to pursue objections before the authority and then avail statutory remedies.
AI TextQuick Glance (AI)Headnote
Mistaken tax audit entry and Covid-period provident fund delay: ITAT deleted both additions in favour of the assessee.
Addition for contingent liability was deleted where the tax audit report mistakenly described a bank guarantee as a contingent liability, because no deduction had been claimed in the profit and loss account and the disallowance rested only on the erroneous audit entry. Disallowance of employees' provident fund contribution was also deleted because the delayed deposit was attributed to the Covid period and was treated as having been made within the extended time limit supported by the relevant EPFO notification. Both issues were decided in favour of the assessee, and the appeals were allowed.
AI TextQuick Glance (AI)Headnote
General penalty cannot be imposed for delayed GST return filing when the statute already provides a specific late fee.
For delayed filing of annual returns, general penalty under the residuary penalty provision could not be sustained where the GST statute already prescribed a specific late fee for the same default. The court applied the settled principle that a general penalty operates only in the absence of a specific statutory consequence for the contravention. The general penalty was set aside, while liability to pay the late fee for delayed filing remained intact.
AI TextQuick Glance (AI)Headnote
Cenvat credit reversal and duty-paid clearance of spare parts defeated demand, extended limitation, interest and penalty
Cenvat credit demand on capital goods and spare parts was held unsustainable where the capital goods credit had been reversed before notice and spare parts were cleared as such on payment of central excise duty without further manufacture. That duty payment was treated as equivalent to reversal of the related credit, so no further demand survived. The extended period of limitation was also unavailable because the facts showed no wilful suppression, misstatement, or intent to evade duty; accordingly, interest and penalty were not leviable. The impugned order was set aside and the assessee obtained complete relief.
AI TextQuick Glance (AI)Headnote
Revisionary jurisdiction fails where examined concession rights qualify as intangible assets and alternative amortisation creates only a revenue-neutral timing difference.
Revision under section 263 requires an assessment order to be both erroneous and prejudicial to Revenue; prior scrutiny of a depreciation claim and adoption of a permissible view preclude revision merely because an audit objection or CBDT Circular supports another view. Rights under a concession agreement may qualify as a licence or comparable business or commercial right eligible for depreciation as an intangible asset. Where depreciation is claimed on the opening written-down value of an accepted intangible-asset block, and amortisation would create only a revenue-neutral timing difference, the alternative treatment does not establish prejudice to Revenue.
AI TextQuick Glance (AI)Headnote
Condonation of delay in statutory appeal restores hearing on merits where bona fide reasons explain the late filing.
Delay in filing a statutory appeal under section 85 of the Finance Act, 1994 was condoned because the delay was shown to have arisen for bona fide reasons beyond the party's control, and rigid enforcement of limitation would have defeated adjudication on merits. Once delay was condoned, the appellate and underlying orders obstructing consideration of the appeal were set aside, and the appeal was restored for decision in accordance with law, subject to the directed statutory deposit.
AI TextQuick Glance (AI)Headnote
BSNL VRS compensation treated as retrenchment relief, with delay condoned and tax additions deleted
Delay in filing the first appeals was condoned because the assessee gave a bona fide explanation based on lack of awareness of the correct legal position and later discovery of the remedy through circulated BSNL VRS orders, with refusal to condone viewed as defeating substantial justice. Ex-gratia compensation received under the BSNL VRS-2019 scheme was treated as retrenchment compensation under a Government-approved revival package funded by budgetary support, so it qualified for exemption and the tax additions were deleted. Consequential relief relating to the related retirement benefit exemption was also directed if otherwise eligible.
AI TextQuick Glance (AI)Headnote
Belated Form 10B filing cannot alone defeat trust expenditure claims; matter remitted for fresh consideration on merits.
Belated filing of Form 10B was treated as a procedural lapse and not a ground, by itself, to deny otherwise valid expenditure to a section 12AA-registered educational trust. The Tribunal noted that the audit report had been filed belatedly and that audited details were produced in rectification proceedings, so the claim required reconsideration on merits rather than rejection on technical grounds. It therefore remitted the matter to the Assessing Officer for fresh adjudication after considering the belated Form 10B and observing principles of natural justice.
AI TextQuick Glance (AI)Headnote
Foreign security under FEMA includes transferable subscription rights, and seizure is limited to the equivalent value in India.
Subscription rights in a foreign company that confer transferable and valuable interests were treated as foreign security, so the challenge to action under FEMA failed on that point. The Tribunal held that the Department's appeal under Section 37A(5) was maintainable after reading Section 37A as a whole. It also rejected the argument that the shares had zero value, finding that allotment, reflection in company accounts, and later gift transfer showed a real holding of foreign security. However, seizure under Section 37A can extend only to the value equivalent of the foreign security situated in India, so excessive seizure beyond that limit was modified.
AI TextQuick Glance (AI)Headnote
Limited scrutiny assessment cannot sustain additions beyond the approved scope without valid conversion to complete scrutiny.
In a limited scrutiny assessment, an addition on an issue outside the identified reasons for scrutiny cannot be sustained unless the case is validly converted to complete scrutiny with the requisite approval. Where the assessment was selected for limited scrutiny on specified grounds and there was no record of approval for conversion, a disallowance under section 14A read with Rule 8D fell outside the permissible scope of the proceedings and was deleted. The operative principle is that the scope of limited scrutiny must be respected, and additions beyond that scope are unsustainable without proper authorisation.
AI TextQuick Glance (AI)Headnote
Road construction exemption covers preparatory earthwork, embankment and allied site activities forming part of the same works
Earthwork, embankment formation, road rolling and water filling undertaken as sub-contracted road works were treated as integral and essential parts of road construction, not as activities severable from the exempt service. A harmonious reading of Serial No. 13(a) of Notification No. 25/2012-Service Tax was applied to include preparatory and allied works within "construction of a road." On that basis, the activities fell within the exemption and the related service tax, interest and penalty were stated to be unsustainable.
AI TextQuick Glance (AI)Headnote
PMLA retention and seizure upheld where pending complaint, ongoing tracing of assets, and unexplained source of property supported action.
Under the PMLA, retention of seized cash and vehicles was upheld because a prosecution complaint in the same ECIR was already pending, and the statute did not require a fresh or person-specific complaint for every affected claimant. Earlier provisional attachments did not bar later seizure where investigation remained open and additional assets were traced from the same alleged money trail. The objection that a separate Section 20 retention order was missing was rejected, and the Tribunal found sufficient prima facie material and reason to believe on the record. The claimants also failed to explain the lawful source of the seized property, so the burden-related challenge failed.
AI TextQuick Glance (AI)Headnote
Goods transportation without consignment note stayed in the negative list; mining service demand was unsustainable.
Transportation of raw coal from the mine to the washery and washery rejects to the power plant through public roads was treated as transportation of goods, not mining service. Because no consignment note was issued, the activity did not fall within goods transport agency service and remained within the negative list under Section 66D(p)(i)(A) of the Finance Act, 1994. On that basis, the demand of service tax was not sustainable for the material period, and the related demand, interest, and penalties were set aside in favour of the assessee.
AI TextQuick Glance (AI)Headnote
Advocate liability in GST appeal filing: professional legal advice alone cannot sustain conspiracy prosecution without independent incriminating material.
An advocate acting in a professional capacity while filing a statutory GST appeal and advising on the mode of pre-deposit cannot be prosecuted as a conspirator merely because the legal view later appears erroneous. The Court held that such acts remain part of lawful legal representation, and criminal liability cannot be inferred without independent material showing participation in the client's substantive offence. On that basis, the FIR, charge-sheet and cognizance order against the advocate were unsustainable and were quashed, as prosecution of counsel for bona fide professional work would impair fearless legal practice and access to legal assistance.
AI TextQuick Glance (AI)Headnote
Change of opinion bars reassessment when Section 148 notice relies on material already examined and concluded earlier.
Reopening based on the same facts and material already examined by the appellate authority was treated as a re-examination of a concluded issue, not as a case arising from fresh information. The Rajasthan HC held that the absence of new material meant the reassessment action reflected a change of opinion and was beyond jurisdiction. The notice issued under Section 148, the sanction note founded on that same material, and all consequential proceedings were set aside.
AI TextQuick Glance (AI)Headnote
Bogus purchase additions limited to profit element where sales are accepted and stock records support the purchases.
Where sales are accepted and the purchases are recorded in the stock register with supporting books, an addition for alleged non-genuine purchases cannot be made on the entire purchase value. The tax consequence is confined to the profit element embedded in such purchases, because the dispute concerns the source and genuineness of the purchases rather than the existence of sales. On that basis, a 100% addition was held unsustainable and, in the factual context of diamond trading and the declared gross profit rate, the addition was restricted to 2% of the alleged non-genuine purchases, partly in favour of the assessee.
AI TextQuick Glance (AI)Headnote
Limitation under the Insolvency Code runs from pronouncement, and delay beyond the statutory ceiling cannot be condoned.
Under Section 61(2) of the Insolvency and Bankruptcy Code, limitation for an appeal runs from the date of pronouncement of the impugned order, not from later upload or the date of knowledge. The Tribunal applied binding precedent to treat the filing period as fixed by the statutory scheme, with only a further 15-day condonable window on sufficient cause. It also held that alleged OTP failures or e-filing portal glitches cannot extend jurisdiction beyond the express outer limit. The appeal, filed beyond the maximum permissible period, was therefore time-barred and the delay could not be condoned.
AI TextQuick Glance (AI)Headnote
Low tax effect led to dismissal, and the challenge to Cenvat Credit Rule 6(1) did not survive.
The Supreme Court dismissed the appeals and special leave petitions, including on the ground of low tax effect, and the connected challenge to the applicability of Rule 6(1) of the Cenvat Credit Rules, 2002/2004 did not survive for interference. The operative effect was that no further adjudication was warranted on the merits in the connected challenge.

Case Laws

Back

All Case Laws

Showing Results for :
Reset Filters
No Records Found

Case Laws

VAT and Sales Tax

1996 (1) TMI 395 - HC - VAT and Sales Tax

Contents
Referred In
Ref Provisions New
Summary
Note

Note

-

Bookmark

(New) -

Download

Print

Print

Concessional CST purchase for manufacturing generating set upheld where use matched registration certificate and no misuse was shown.
Penalty under section 10-A of the Central Sales Tax Act was not attracted where a diesel generating set was expressly included in the registration ... Summary

Topics

Acts Income Tax