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
Committee of Creditors' choice of resolution professional prevails absent bias, misconduct, or statutory disqualification under insolvency law.
Section 27 of the Insolvency and Bankruptcy Code permits the Committee of Creditors to replace a resolution professional when the proposal has the requisite voting share, the proposed professional has given written consent, and no disqualifying disciplinary issue is shown. On the stated facts, the Committee of Creditors had approved replacement unanimously and the proposed professional had consented. Mere requests for project-related assurances, a qualified legal opinion, or subsequent engagement of counsel did not establish bias, conflict of interest, or misconduct. The Adjudicating Authority cannot substitute its own nominee for the Committee of Creditors' choice, and such interference was beyond jurisdiction.
AI TextQuick Glance (AI)Headnote
Export of service principles: foreign-deliverable testing reports and convertible foreign exchange supported tax exemption, with domestic demand remanded.
Testing and analysis services performed in India were treated as export of service where the reports and deliverables were supplied to foreign clients abroad and consideration was received in convertible foreign exchange; on that basis, service tax was not payable on those transactions. For domestic clearances, cum-duty benefit and demand recomputation required fresh examination, so the matter was remanded on quantification. Nondisclosure of taxable receipts in returns and tax payment only after investigation justified invocation of the extended period and penalty for domestic services. The statutory penalty was to be recomputed on remand, with earlier pre-investigation payment capable of appropriation but not eliminating the penalty basis.
AI TextQuick Glance (AI)Headnote
Taxable recovery service, not joint venture, upheld where commission was paid for debt recovery work and receipts were undisclosed.
Commission received for recovery work performed for Barclays was held to be consideration for taxable service, not a joint venture, because no documentary material showed a principal-to-principal arrangement, shared costs, or revenue sharing. The appellant acted as a recovery agent for commission, and the absence of TDS did not change the character of the transaction. Non-disclosure of the recovery receipts despite service tax registration justified invocation of the extended limitation period, and the tax demand sustained interest and penalty. The demand, interest, and penalty were therefore upheld.
AI TextQuick Glance (AI)Headnote
Natural justice and relied-upon documents: non-supply of defence material justified remand for fresh adjudication.
Withholding relied upon documents that form the basis of adjudication and appeal vitiates the proceedings where the affected party is denied an effective opportunity to defend itself. The Tribunal treated non-supply of documents recovered from the appellant's premises and related statements as a breach of natural justice because the request for access was not complied with at either stage. The defect was held to justify remand, and the matter was sent back to the adjudicating authority to supply the documents and decide the case afresh in accordance with law.
AI TextQuick Glance (AI)Headnote
Cenvat credit utilisation for NCCD held permissible where no specific restriction existed under the rules for the relevant period.
For the period before the restrictive proviso introduced in 2008 and the later absolute restriction in 2016, Cenvat credit of basic excise duty could be used to pay National Calamity Contingent Duty (NCCD). Rule 3(1) created the credit pool and Rule 3(4) permitted utilisation of such credit for payment of duty of excise on the final product, and the Tribunal found no specific bar in the Cenvat Credit Rules for the relevant period. It distinguished precedent on exemption notifications and noted that a restriction on using NCCD credit did not imply a converse prohibition on using basic duty credit for NCCD. The assessee's utilisation of credit was upheld and the Revenue challenge failed.
AI TextQuick Glance (AI)Headnote
Customs misdeclaration triggers separate penalty and duty liability even when confiscated goods are re-exported after redemption.
Deliberate misdeclaration in customs import attracted independent penal and fiscal consequences: confiscation, redemption fine, duty liability and penalty under Section 114AA were treated as distinct under the Customs Act, 1962. The Court held that permission to re-export did not erase liability arising from knowingly false declarations in the import documents, and the penalty under Section 114AA remained sustainable. It also held that duty could be appropriated after redemption of confiscated goods, because duty liability under the redemption mechanism operates separately from clearance for home consumption. The Tribunal's interference with both penalty and duty appropriation was therefore set aside.
AI TextQuick Glance (AI)Headnote
Purposive reading of vocational training exemption and negative-list relief saves NCVT-linked courses from tax and penalties.
A vocational training exemption was construed purposively as a beneficial provision, so courses in film direction, cinematography, editing and sound design qualified for exemption under the pre-amendment notification without proof of actual post-training employment. The amended notification took effect only on its publication in the Official Gazette on 22.01.2011, so the earlier period was not governed by the new conditions. From 01.07.2012, the courses were treated as education forming part of an approved vocational education course because NCVT affiliation and notified trades satisfied the statutory test. As the dispute was interpretational and no wilful suppression was shown, the extended period and penalties were not sustainable.
AI TextQuick Glance (AI)Headnote
Sufficient cause for restoring a defective appeal requires documented diligence; prolonged unexplained delay and pre-deposit default defeat restoration.
Restoration of an appeal dismissed for failure to remove defects, including mandatory statutory pre-deposit, requires sufficient cause supported by a bona fide, diligent and documented explanation proportionate to the delay. Service of Registry communications and repeated non-appearance weigh against restoration where the appellant fails to establish compliance efforts or justified inability to act. An unexplained delay of nearly five years, coupled with unsupported grounds for non-compliance with pre-deposit, does not satisfy the sufficient-cause standard. Rejection of restoration raises no substantial question of law or perversity on these facts.
AI TextQuick Glance (AI)Headnote
GST registration cancellation for return defaults must be addressed through revocation after filing returns and paying tax dues.
Cancellation of GST registration for non-filing of returns and non-payment of tax should be addressed through revocation proceedings. The taxpayer must seek revocation, furnish proposed returns, and deposit tax dues. The registering authority must receive the payment and decide the revocation application within the prescribed period, accepting a manual application where online filing difficulties arise. The challenge to cancellation is thereby addressed through consideration of revocation under the stipulated process.
AI TextQuick Glance (AI)Headnote
Provisional release of seized imported goods granted on conditions while adjudication proceedings remained open
Conditional provisional release of seized imported goods was directed where the writ challenged the seizure memo and sought release of the consignment. The Court followed earlier writ decisions on identical facts and ordered release on compliance with stipulated conditions, including payment of the enhanced duty and furnishing of a bank guarantee. The adjudicating officer's authority to continue proceedings was preserved, and the objections of the parties were left to be examined independently in accordance with law.
AI TextQuick Glance (AI)Headnote
Section 153C limitation excludes assessment years outside the permissible search block, invalidating the reassessment proceedings.
For proceedings under section 153C against a person other than the searched person, the relevant search date is the date when the jurisdictional Assessing Officer receives seized material or records satisfaction. The statutory assessment block is calculated by including the assessment year relevant to that date. Even if the searched person's satisfaction-note date is used, Assessment Year 2009-10 falls outside the permissible period. Consequently, the section 153C notice, assessment order and consequential demand are time-barred and invalid.
AI TextQuick Glance (AI)Headnote
Actual bad-debt write-offs remain deductible, while loan recoveries already taxed cannot be assessed again.
Actual write-off of pre-2006 NPA debts by a cooperative bank qualifies for deduction where no statutory provision for bad and doubtful debts existed under section 36(1)(viia); the provision-account limitation applies only to debts covered by that provision. Recovery of loans previously written off cannot be added again if it was already credited to profit and loss account and included in taxable income, as this would duplicate taxation. Disallowance of delayed employees' provident fund contributions requires verification of supporting details before applying the governing provisions and relevant Supreme Court ruling; the matter requires fresh determination.
AI TextQuick Glance (AI)Headnote
GST refund rejection for ineligible input tax credit can trigger recovery proceedings; interim abeyance granted pending second appeal.
Where refund of unutilized input tax credit is rejected on the ground of ineligibility, the refund circular permits the proper officer to issue notice under section 54 read with sections 73 or 74 of the CGST Act, and Clause 22 does not apply to such a dispute. The objection that recovery proceedings were barred was rejected. The court also granted conditional protection where the petitioner's second appeal could not be filed on the portal due to a technical glitch after the required deposit had been made, directing that the impugned order remain in abeyance until the appeal is decided and then operate according to that result.
AI TextQuick Glance (AI)Headnote
Money-laundering and equivalent-value attachment upheld where compensation was projected as lawful and confiscation risk was shown
Receipt and retention of enhanced compensation, obtained through reliance on unrelated proceedings and incorrect judicial references, was treated as money-laundering because the amounts were projected as lawful compensation. The Tribunal also held that "proceeds of crime" is wide enough to cover equivalent-value property where tainted assets are not traceable or have been dissipated, so ancestral or pre-existing properties could be provisionally attached on that basis. It further found the Section 5(1) threshold satisfied where material showed possession of proceeds of crime and a reasonable likelihood of concealment, transfer, or other dealings frustrating confiscation. The provisional attachment was upheld.
AI TextQuick Glance (AI)Headnote
Illegal arrest and mechanical remand: non-supply of arrest grounds sustained habeas corpus relief and release from custody.
Failure to show due supply of the grounds of arrest and connected arrest documents rendered the arrest unlawful, because the arrest memo did not indicate annexure or separate service of those documents and the record lacked a distinct DIN on the grounds of arrest. The remand order was also held mechanical and passed without application of mind, as it relied only on a general allegation of a serious economic offence and did not examine whether the arrest documents had been served. The detention was therefore quashed, habeas corpus relief was held maintainable, and release from custody was directed forthwith, with liberty to proceed afresh in accordance with law.
AI TextQuick Glance (AI)Headnote
GST appeal limitation under Section 107 excludes Section 5 condonation beyond the statutory outer limit.
Section 107 of the Central Goods and Services Tax Act, 2017 is treated as a self-contained limitation scheme, so the appellate forum can extend time only within the statutory limit in Section 107(4). The text states that there is no express or implied basis for applying Section 5 of the Limitation Act, 1963 to condone delay beyond the outer permissible period. On that reasoning, an appeal filed after the statutory deadline remains time-barred, the writ challenge fails, and the appellate order and cancellation of registration are left undisturbed.
AI TextQuick Glance (AI)Headnote
Proceeds of Crime under PMLA: Property bought during the crime period can remain under provisional attachment
Property acquired during the crime period, without proof of a lawful source, may be treated as proceeds of crime for provisional attachment under the Prevention of Money Laundering Act, 2002. The document applies Section 2(1)(u) broadly and notes that where direct proceeds are not traceable, property of equivalent value may also be proceeded against. On the stated facts, the purchase dates coincided with the period of involvement in the scheduled offence and the challenge based on earlier acquisition failed, so the provisional attachment was sustained.
AI TextQuick Glance (AI)Headnote
Unexplained cash credit addition failed where no exact transaction details or supporting evidence established the alleged accommodation entry.
An addition under section 68 based on an alleged accommodation entry could not be sustained where the assessment order did not identify the exact transactions, the source details, or supporting evidence, and no proper enquiry was made. The assessee denied the transaction, yet the assessing authority made the addition without verifying the factual position or confronting that denial with material evidence. The first appellate authority found that the addition rested only on a bare reference to search findings, without discussion of the evidence, the statement under section 132(4), or any enquiry establishing the credit as unexplained. That finding was not controverted by the Revenue, so the deletion of the addition was upheld.
AI TextQuick Glance (AI)Headnote
Jurisdiction after section 127 transfer: reassessment by the former Assessing Officer was void, and consequential additions fell away.
After transfer of the assessee's case under section 127 of the Income-tax Act, 1961, the erstwhile Assessing Officer became functus officio and lacked authority to issue notice under section 148 or complete reassessment under section 143(3) read with section 147. As assumption of jurisdiction is a condition precedent, the reassessment initiated and completed by that officer was void ab initio and without authority of law. Once the reassessment was quashed for want of jurisdiction, the additions made in the assessment could not survive and became academic.
AI TextQuick Glance (AI)Headnote
Reassessment sanction by the wrong authority made reopening invalid and left the assessment without jurisdiction.
Reassessment under section 147 was held invalid because, for a notice issued within four years from the end of the assessment year, section 151(2) required approval from the Joint Commissioner. The recorded sanction was instead obtained from the Principal Commissioner, and compliance with the prescribed approving authority was treated as mandatory. The challenge based on CBDT scrutiny instructions failed because such instructions could not cure the jurisdictional defect in the reopening. The reassessment was therefore without valid jurisdiction, and the assessment order was quashed.

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