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
Parent company liability for subsidiary operational debt does not follow automatically from corporate ownership, a unilateral letter or part-payment.
Separate corporate personalities mean that a parent company is not liable for its subsidiary's operational debt merely because of their corporate relationship. A unilateral letter does not itself novate the underlying contract. Assessment of an alleged debt transfer may involve contractual exclusions of pre-closing liabilities, contracts not novated by closing, and subsequent letters, part-payments and cheques. Section 9 of the Insolvency and Bankruptcy Code cannot substitute for recovery or adjudication of a disputed commercial claim.
AI TextQuick Glance (AI)Headnote
Direct appeals against provisional attachment orders are unavailable where money laundering law confines appellate jurisdiction to specified orders.
Under the Prevention of Money Laundering Act, 2002, a provisional attachment order is subject to adjudication by the Adjudicating Authority and cannot be directly appealed to the Appellate Tribunal. Appellate jurisdiction is limited to orders for which the statute provides an appeal. A direction to treat a writ petition as an appeal requires consideration in accordance with law and does not permit the Tribunal to exercise jurisdiction beyond the statutory framework.
AI TextQuick Glance (AI)Headnote
Pre-trial bail granted where the applicant's disclosure statement is the only apparent implicating material, subject to conditions.
Pre-trial bail is granted on a personal bond and two sureties, subject to cooperation in the judicial process. On a preliminary assessment, no material implicating the accused applicant is apparent apart from the applicant's disclosure statement. The grant does not adjudicate the merits of the prosecution, and the criminal trial remains pending.
AI TextQuick Glance (AI)Headnote
Personal hearing in GST adjudication: proceedings are procedurally vitiated when notice lacks hearing details and no opportunity is afforded.
GST adjudication is procedurally vitiated when a show-cause notice under GST legislation requires a reply but specifies no date, time or venue for a personal hearing and no opportunity of hearing is afforded. Procedural fairness requires an opportunity of hearing before adjudication, notwithstanding the requirement to submit a reply to the notice.
AI TextQuick Glance (AI)Headnote
GST registration cancellation requires specific notice grounds and particulars; new appellate grounds or evidence cannot cure defects.
GST registration cancellation requires a notice specifying the statutory grounds and material particulars, such as supplier details, registration numbers and relevant periods where wrongful input tax credit is alleged. Cancellation proceedings are distinct from tax determination proceedings, and wrongful input tax credit was subsequently omitted as a cancellation ground. Rule 112 restricts the admission of additional evidence on appeal. An appellate authority cannot cure a defective notice by introducing undisclosed grounds or evidence; natural justice requires an effective opportunity to rebut material relied upon.
AI TextQuick Glance (AI)Headnote
GST cancellation notices require specific grounds and particulars, while undisclosed inquiry reports must be open to effective rebuttal.
GST registration cancellation notices must disclose the statutory grounds and essential particulars of alleged wrongful input tax credit, including relevant supplier identities, registration details and periods. Oral intimation or later reliance on statutory provisions cannot cure an inadequate notice. Cancellation proceedings are distinct from proceedings under section 74A. Rule 112 governs the admission of additional evidence on appeal, and natural justice requires an effective opportunity to rebut adverse inquiry material. Appellate proceedings are not ordinarily a fresh investigation to remedy deficiencies in the original adjudication.
AI TextQuick Glance (AI)Headnote
Monetary threshold for tax appeals permits discretionary refusal of admission without examining the substantive dispute on its merits.
Section 112 gives the Tribunal discretion to refuse admission of an appeal where the relevant amount of tax or input tax credit does not exceed Rs. 50,000. Refusal is discretionary rather than an automatic consequence of falling below the threshold. Where admission is refused at this stage, the substantive dispute is not examined on its merits.
AI TextQuick Glance (AI)Headnote
Income-tax findings on genuine transactions do not by themselves prevent separate benami determinations under the overriding statutory regime.
Benami determinations examine the transaction and the relationship between property and its alleged beneficial owner, including fund flows, accommodation entries, invoices and evidence of delivery. Natural justice requires an opportunity to know and rebut relied-upon material, but does not confer an automatic right to cross-examine every witness. Income-tax assessment and benami identification serve different statutory purposes. Benami legislation has overriding effect, and an income-tax finding that a transaction is genuine does not by itself prevent a separate benami determination.
AI TextQuick Glance (AI)Headnote
Natural justice in import valuation requires access to original records and cross-examination of material departmental witnesses before fresh adjudication.
Natural justice in import valuation requires meaningful access to relevant import records and an opportunity to cross-examine material departmental witnesses. Cross-examination cannot be denied merely on the assumption that it would serve no purpose in light of the importer's statements. Before fresh adjudication, the importer must receive a copy of the original import file and an opportunity to cross-examine the department's chartered engineer. Relevant CBIC circulars must be considered during fresh adjudication; the valuation merits remain undecided.
AI TextQuick Glance (AI)Headnote
Corporate suit authorization and later board resolutions: production does not prejudge ratification, admissibility or the suit's maintainability.
Subsequent board resolutions concerning a company's authorization or ratification of acts connected with a suit may be produced without prejudging whether the suit was validly instituted. Authority to institute a suit is distinct from authority to sign and verify pleadings. An officer's signing of pleadings may be expressly or impliedly ratified, and curable procedural defects should not defeat substantive rights. The resolution's admissibility and effect on authorization and maintainability remain for determination at trial, based on the evidence and circumstances.
AI TextQuick Glance (AI)Headnote
Customs pre-deposit refund interest cannot exceed the notified rate, preventing enhancement beyond the applicable statutory interest prescription.
Interest on a refunded customs investigation deposit treated as a pre-deposit runs from the date of deposit at the 6% rate prescribed by the applicable statutory notifications. A statutory tribunal cannot award a higher rate in excess of those notifications or exercise the writ jurisdiction available to High Courts. Interest therefore cannot be enhanced to 12% in these circumstances.
AI TextQuick Glance (AI)Headnote
Personal penalties for fraudulent exports require deliberate abetment by customs officers, not mere negligence or administrative oversight.
Personal penalties under Section 114 of the Customs Act, 1962 require mens rea and a positive, deliberate act of abetment that renders goods liable to confiscation. In the context of fraudulent exports, negligence or administrative oversight by customs officers alone does not establish the penal abetment necessary for imposing personal penalties.
AI TextQuick Glance (AI)Headnote
Extended customs limitation cannot rest on departmental inaction where known import facts show no collusion, wilful misstatement or suppression.
The extended limitation period under the Customs Act, 1962 requires circumstances such as collusion, wilful misstatement or suppression of facts. Prior departmental knowledge of the nature and description of imported goods, followed by inaction within the normal limitation period, does not justify invoking the extended period in the absence of those circumstances. A wholly time-barred show cause notice raises a threshold jurisdictional question, and an order passed without jurisdiction cannot be cured on appeal.
AI TextQuick Glance (AI)Headnote
Specific tariff entries govern classification of split air conditioners incorporating refrigerating units, taking precedence over generic entries.
Two-ton split air conditioners incorporating a refrigerating unit fall under tariff item 8415 82 10. In tariff classification, a specific entry takes precedence over a generic entry when both describe the goods. The tariff distinguishes split air conditioners incorporating a refrigerating unit from those without one, making that feature relevant to the applicable entry.
AI TextQuick Glance (AI)Headnote
Residential construction tax distinguishes independently contracted houses from complexes and permits conditional abatement for flats with land interests.
Before 1 July 2012, a residential complex required buildings with more than twelve residential units, common areas and specified facilities within an approved layout. From that date, a self-contained single residential unit outside a residential complex was exempt. Separately contracted houses on demarcated plots do not become part of a residential complex solely because they share gates or amenities; agreements, title documents and approved plans are material. Abatement for residential flats depends on the applicable notification and conditions: 67% for April to June 2010, 75% for July 2010 to June 2012, and the prescribed rate thereafter. Consolidated consideration for a flat and an undivided land interest need not separately allocate the land value; unit specifications require verification.
AI TextQuick Glance (AI)Headnote
Cenvat credit on processed inputs remains available when suppliers manufacture distinct packaging materials from laminated sheets.
Cenvat credit on inputs cannot be denied on the premise that suppliers' processing is not manufacture where laminated or metallised sheets are converted into packaging material with a distinct name, character and use. Manufacture includes processes incidental or ancillary to completing a manufactured product. Bonding layers, including a printed layer, followed by curing, slitting and cutting into customer-specific packaging material goes beyond mere lamination and constitutes manufacture. Denial of credit, recovery with interest and an equivalent penalty cannot stand on the contrary premise.
AI TextQuick Glance (AI)Headnote
Conditional bail in alleged GST offence proceedings carries surety, attendance and non-reoffending conditions for the accused.
Conditional bail for the accused in proceedings concerning an alleged GST offence requires a personal bond with two sureties, attendance when called on notice, and abstention from similar offences. The accused had remained in judicial custody since arrest, a voluntary statement had been recorded, and the respondents accepted release on conditions. The bail application was made under the Bharatiya Nagarik Suraksha Sanhita, 2023, in relation to an alleged offence under the Central Goods and Services Tax Act, 2017.
AI TextQuick Glance (AI)Headnote
GST registration cancellation for non-deposit of input tax credit is unjustified when returns are regularly filed and recovery procedures apply.
GST registration cancellation is unjustified solely for non-deposit of input tax credit where returns are regularly filed. Sections 73 and 74 of the Central Goods and Services Tax Act, 2017 provide the applicable procedure for recovery of input tax credit. The recovery issue should therefore be addressed through that procedure rather than cancellation of registration on that ground alone.
AI TextQuick Glance (AI)Headnote
GST personal hearing rights do not automatically lapse when a taxpayer fails to reply to a show-cause notice.
Non-submission of a written reply to a GST show-cause notice does not, by itself, dispense with an opportunity for a personal hearing. An oral hearing can enable the taxpayer to present its position independently of a written reply. The notice required a reply but recorded the hearing date, time and venue as not applicable. The substantive tax liability remains undecided.
AI TextQuick Glance (AI)Headnote
GST confiscation for excess stock requires proof of statutory conditions and intent to evade tax, not visual estimation alone.
GST confiscation and penalties for alleged excess stock require proof of the applicable statutory prerequisites, including intent to evade tax; a stock discrepancy alone is insufficient. Visual estimates without physical weighing, inconsistent verification sheets, available accounts, regular returns and the absence of independent evidence of manipulation or evasion are relevant to that assessment. Tax liability arising from stock discrepancies is determined under the appropriate demand and assessment provisions. The litigation policy excludes matters involving statutory interpretation from the monetary limit for departmental appeals.

Case Laws

Back

All Case Laws

Showing Results for :
Reset Filters
No Records Found

Case Laws

1965 (10) TMI 64 - SC - Indian Laws

Contents
Referred In
Summary
Note

Note

-

Bookmark

Print

Print

Emergency transport restrictions upheld where security concerns justified displacing route rights under overriding defence powers.
Emergency transport restrictions under the Defence of India Rules were treated as overriding the Motor Vehicles Act where security required prohibition or ... Summary

Topics

Acts Income Tax