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 ❯
    Same-transaction FIRs require one comprehensive investigation, while prospective protection from future coercive action remains unavailable.
    Remand-verified evidence supports deletion of additions for explained investments and unsecured loans meeting cash-credit verification requirements.
    Service tax abatement remains available when previously availed CENVAT credit is fully reversed with applicable interest.
    Conditional charitable registration cannot rest on proposed higher-court litigation where statutory cancellation safeguards exclusively govern withdra...
    Wrongful suspension of mining lease justified restoration of lost operating period as compensatory relief despite Section 8A objections.
    Section 68 addition fails where running-account entries are compared with fresh loan figures and documentary evidence is unrebutted.
    Section 153C jurisdiction for non-searched persons: assessment under section 143(3) held void when seized material receipt date governs block period.
    Timely satisfaction note requirement under section 153C failed, making the assessment void and penalty orders unsustainable.
    Foreign Tax Credit cannot be denied merely for delayed Form 67 filing when treaty relief otherwise applies.
    TDS on immovable property purchase cannot be sustained where PAN was regularised and tax was already paid by the seller.
    Mediclaim benefits are not deductible from motor accident compensation because they arise from a separate insurance contract.
    Reassessment jurisdiction and faceless assessment rules return pending disputes to the High Court under prior Supreme Court directions.
    Reassessment notice validity turns on sanction, assessing officer jurisdiction, faceless assessment requirements, and later legislative amendments in ...
    Liquidated damages are not taxable service consideration; compensation for unmet contractual obligations cannot be added to value under Rule 5(1).
    Approved insolvency resolution plan extinguishes excluded tax dues and causes pending indirect tax appeal to abate.
    Condonation of delay and natural justice require fresh appellate consideration before dismissal without merits
    Recorded cash sales can explain demonetisation deposits; section 68 addition fails where books and stock records remain accepted.
    Year-specific Government financing test governs educational exemption, and cumulative grants cannot establish substantial financing.
    Restrictive land-use conditions defeated substituted sale consideration where reliable valuation evidence supported the declared capital gain.
    Voluntary retirement compensation treated as capital receipt where payment was ex gratia and no enforceable employer obligation existed.
❮
❯
❯❯
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
Same-transaction FIRs require one comprehensive investigation, while prospective protection from future coercive action remains unavailable.
Multiple FIRs arising from the same occurrence or transaction require a single comprehensive investigation; additional material should be addressed through further investigation and supplementary reports rather than parallel proceedings. Applying this principle to allegations concerning homebuyer payments, non-delivery of properties and alleged fund diversion, the Delhi EOW FIR was directed to be transferred and clubbed with the Haryana FIR for investigation in accordance with law. A blanket prospective restraint on coercive action in respect of future FIRs was not considered legally permissible; any future FIR remains subject to remedies available under law.
AI TextQuick Glance (AI)Headnote
Remand-verified evidence supports deletion of additions for explained investments and unsecured loans meeting cash-credit verification requirements.
Additional evidence on share investment, including payment timing, share allotment and bank records, was admitted and verified in remand proceedings. Acceptance that the investment came from the assessee's own substantial funds supported deletion of the unexplained-investment addition. For unsecured loans, verified creditors' ledger accounts, tax returns, bank records and financial statements established creditor identity, creditworthiness and transaction genuineness, supporting deletion of the unexplained cash-credit addition. Where remand verification accepts evidence establishing the investment source or the three requirements for loan credits, the related addition cannot be sustained.
AI TextQuick Glance (AI)Headnote
Service tax abatement remains available when previously availed CENVAT credit is fully reversed with applicable interest.
Service-tax abatement under Notification No. 1/2006-S.T. remains available where CENVAT credit on inputs, capital goods or input services was initially taken but subsequently reversed in full with applicable interest. The notification's exclusion of abatement for availed credit no longer applies after complete reversal and interest payment. Accordingly, the taxable value is limited to the non-abated portion of the gross value, with 67% abatement available and service tax payable on 33%.
AI TextQuick Glance (AI)Headnote
Conditional charitable registration cannot rest on proposed higher-court litigation where statutory cancellation safeguards exclusively govern withdrawal.
Section 12AB does not expressly authorise the Commissioner of Income-tax (Exemptions) to impose independent contingent conditions when granting registration, and Rule 17A or Form No. 10AC cannot enlarge that substantive power. Registration cancellation or withdrawal is separately regulated by sections 12AB(4) and 12AB(5), with safeguards tied to specified violations or non-genuine activities. A binding jurisdictional High Court ruling on the irrevocability of charitable trusts cannot be displaced by a proposed Supreme Court challenge. Accordingly, making section 12AB registration and section 80G approval contingent on future higher-court litigation was beyond jurisdiction, and the conditions were deleted.
AI TextQuick Glance (AI)Headnote
Wrongful suspension of mining lease justified restoration of lost operating period as compensatory relief despite Section 8A objections.
Wrongful suspension of a mining lease was treated as legally unsustainable where it was imposed without notice, on an incorrect view that environmental clearance had lapsed, and without showing the jurisdictional facts required for the power invoked. The leasehold interest was treated as protected property, and the suspension was held void ab initio. The Court further held that the lost operating period could be added to the lease term as compensatory relief under the lease and force majeure arrangement, because the stoppage prevented quiet enjoyment of the leasehold. Delay, laches, and Section 8A of the Mines & Minerals (Development & Regulation) Act, 1957 did not bar restoration of the lost period.
AI TextQuick Glance (AI)Headnote
Section 68 addition fails where running-account entries are compared with fresh loan figures and documentary evidence is unrebutted.
An addition under section 68 could not be sustained on a comparison between fresh loan figures in the tax audit report and running loan confirmation accounts that also reflected repayments and reversal entries. The assessee had produced confirmations, PAN, income-tax returns, audited financial statements and bank statements, and the Revenue brought no rebuttal evidence to show that the credits represented unexplained money. A purely ad hoc 20% addition based on a supposed discrepancy lacked statutory basis, and selective acceptance of part of the credits was unsustainable. The assessee's burden under section 68 was therefore treated as discharged, and the addition was deleted.
AI TextQuick Glance (AI)Headnote
Section 153C jurisdiction for non-searched persons: assessment under section 143(3) held void when seized material receipt date governs block period.
For a non-searched person, the six-year block under section 153C is computed from the date the seized material is received by the jurisdictional Assessing Officer, not from the date of search in the searched person's case. On that settled position, an assessment for the search-related year had to be framed under section 153C read with section 153A; use of section 143(3) was a fatal jurisdictional defect. The assessment was therefore held void for want of jurisdiction and not sustained, the Revenue's appeal was dismissed, and the first appellate order was upheld on the jurisdictional issue.
AI TextQuick Glance (AI)Headnote
Timely satisfaction note requirement under section 153C failed, making the assessment void and penalty orders unsustainable.
An assessment under section 153C was held invalid because the satisfaction note was not recorded at the statutorily permissible stage; the delay after completion of the searched person's assessment exceeded the timeframe recognised in binding precedent and CBDT instructions. The jurisdiction to proceed under section 153C therefore failed. Once the assessment was void, the penalty orders founded on that assessment could not survive independently and were also unsustainable.
AI TextQuick Glance (AI)Headnote
Foreign Tax Credit cannot be denied merely for delayed Form 67 filing when treaty relief otherwise applies.
Belated filing of Form No. 67 did not disentitle an assessee from claiming Foreign Tax Credit under section 90 read with the applicable DTAA. The Tribunal held that Rule 128(9) prescribes the manner and timing of filing the form, but does not authorise denial of credit solely because the form was filed after the due date under section 139(1). It treated the requirement as procedural and directory, not mandatory, and ruled that treaty-based entitlement to credit cannot be defeated by that lapse. The DTAA was applied to the extent beneficial to the assessee, and the Foreign Tax Credit claim was accepted.
AI TextQuick Glance (AI)Headnote
TDS on immovable property purchase cannot be sustained where PAN was regularised and tax was already paid by the seller.
Where tax was deducted under section 194IA on purchase of immovable property and the seller's PAN was later regularised through Aadhaar linkage within the period covered by CBDT Circular No. 9/2025, higher deduction under section 206AA could not be enforced. Because the seller had filed the return of income and paid tax on the capital gains, the deductor could not be treated as an assessee-in-default under the proviso to section 201(1). The consequential demand raised under section 200A for alleged short deduction, interest and levy was therefore unsustainable and was deleted.
AI TextQuick Glance (AI)Headnote
Mediclaim benefits are not deductible from motor accident compensation because they arise from a separate insurance contract.
Mediclaim or medical insurance benefits are not deductible from motor accident compensation because they arise from a separate contractual arrangement funded by premiums, not from the accident itself. The Motor Vehicles Act requires just compensation, but deductions are justified only where the receipt is from the same source and is a substitute for the same loss. Accordingly, amounts received under a Mediclaim policy cannot be set off against compensation awarded by the MACT, including claims made under the head of medical expenses.
AI TextQuick Glance (AI)Headnote
Reassessment jurisdiction and faceless assessment rules return pending disputes to the High Court under prior Supreme Court directions.
Reassessment notices issued by Jurisdictional Assessing Officers, the required sanction by specified authorities, and the interaction between jurisdictional and faceless assessment mechanisms are addressed through prior Supreme Court orders. The effect of subsequent amending legislation, including insertion of section 147A, on pending reassessment litigation is to be determined in accordance with those orders. Connected petitions were disposed of on the same terms and remitted to the High Court for decision accordingly.
AI TextQuick Glance (AI)Headnote
Reassessment notice validity turns on sanction, assessing officer jurisdiction, faceless assessment requirements, and later legislative amendments in pending litigation.
Reassessment notices raise issues concerning sanction by the specified authority, the jurisdiction of Assessing Officers, and whether notices must be issued through the prescribed faceless mechanism by competent Faceless Assessment Officers rather than Jurisdictional Assessing Officers. The matters also concern the effect of subsequent amending legislation, including insertion of section 147A, on pending reassessment litigation. The petitions were disposed of on the same terms as earlier orders, and the matters were remitted to the High Court for decision accordingly.
AI TextQuick Glance (AI)Headnote
Liquidated damages are not taxable service consideration; compensation for unmet contractual obligations cannot be added to value under Rule 5(1).
Service tax on renting of immovable property was sustained where the rental component had already been accepted and the classification objection was not open at the appellate stage. Compensation received for failure to supply the guaranteed number of coolers was treated as liquidated damages, not consideration for any taxable service, and the demand under the alleged testing service head was set aside. Rule 5(1) of the Service Tax (Determination of Value) Rules, 2006 could not be used to include such compensation in the taxable value.
AI TextQuick Glance (AI)Headnote
Approved insolvency resolution plan extinguishes excluded tax dues and causes pending indirect tax appeal to abate.
Approved insolvency resolution plans extinguish statutory dues that do not form part of the plan, and no proceeding for those dues can continue. Applying the Supreme Court principle in Ghanashyam Mishra and followed coordinate bench rulings, the Tribunal noted that once the approved plan was placed on record, the disputed indirect tax dues could not survive outside the plan. It therefore treated the pending appeal as abated and held that it had become functus officio in relation to the appeal.
AI TextQuick Glance (AI)Headnote
Condonation of delay and natural justice require fresh appellate consideration before dismissal without merits
An appeal rejected in limine for delay without examining the merits was held to require fresh consideration under the statutory appellate scheme and principles of natural justice. The Tribunal noted that where the explanation for delay has not been properly considered, the appellant may be given another opportunity to seek condonation. The dismissal order was set aside and the matter remanded to the first appellate authority to decide condonation of delay afresh and, if delay is condoned, to adjudicate the appeal on merits.
AI TextQuick Glance (AI)Headnote
Recorded cash sales can explain demonetisation deposits; section 68 addition fails where books and stock records remain accepted.
Cash deposits during demonetisation, when supported by duly recorded cash sales and regular business receipts, were held not to justify an addition under section 68 read with section 115BBE. The assessee's books, trading results, cash book, stock position and sales records were accepted, and no defect was found in purchases, sales or stock. Section 40A(3) was treated as inapplicable because the explanation concerned receipt-side inflows, not a claim for cash expenditure. On these facts, treating recorded sales again as unexplained income was unsustainable, and the deletion of the addition was affirmed.
AI TextQuick Glance (AI)Headnote
Year-specific Government financing test governs educational exemption, and cumulative grants cannot establish substantial financing.
Exemption under section 10(23C)(iiiab) depends on whether a university existing solely for educational purposes and not for profit is substantially financed by the Government in the relevant previous year. The applicable test is year-specific under the statute and Rule 2BBB, so Government grants received during that year must be compared with total receipts; cumulative grants from inception are not the correct basis. On the facts, the assessee's Government financing remained below the 50% threshold in the years considered, so it did not qualify as substantially financed by the Government and the exemption was denied.
AI TextQuick Glance (AI)Headnote
Restrictive land-use conditions defeated substituted sale consideration where reliable valuation evidence supported the declared capital gain.
Substitution of sale consideration under section 50C is not warranted where reliable valuation evidence shows that an immovable property's fair market value is below its declared sale consideration. Restrictive land-use conditions, including proximity to defence land, no-development constraints, reduced accessibility and locational disadvantages, materially affect marketability and valuation. A registered valuer's report considering these conditions, surrounding circumstances and comparable local evidence displaced the higher valuation adopted by the DVO. The capital-gains addition based on substituted valuation was deleted, and the declared capital gain was accepted.
AI TextQuick Glance (AI)Headnote
Voluntary retirement compensation treated as capital receipt where payment was ex gratia and no enforceable employer obligation existed.
Compensation received under a voluntary retirement scheme was treated as a capital receipt and not taxable as profits in lieu of salary under section 17(3)(i) because it was a voluntary ex gratia payment on cessation of employment, without any enforceable legal obligation on the employer. Applying the coordinate bench decisions relied upon, the addition could not be sustained and was deleted, with relief granted to the assessee.

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