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
PMLA bank-account freezes require statutory adjudication of any continuing restraint against identifiable proceeds of crime after review.
Territorial jurisdiction under Article 226 may arise where frozen bank accounts are maintained and the registered office is situated, because the freezing order's impact occurs there. Under the Prevention of Money-Laundering Act, a Director or Deputy Director may authorise a subordinate officer to freeze property, including bank accounts, where seizure is impracticable. Recorded reasons to believe must be forwarded with relevant material to the Adjudicating Authority and need not appear in the freezing order. The Adjudicating Authority determines whether frozen property is involved in money laundering and whether any continuing restraint should be confined to identifiable proceeds of crime; statutory appeals remain available.
AI TextQuick Glance (AI)Headnote
Salary TDS credit cannot be denied because an employer failed to deposit deducted tax, invalidating resulting demands.
Tax deducted by an employer from salary remains credit available to the employee even where the employer does not deposit the deducted amount. The employer-deductor's default cannot be attributed to the employee or used to deny tax-deducted-at-source credit. Demands raised solely because that credit was not granted, including demands generated through return processing or rectification, cannot be sustained and must be quashed to that extent.
AI TextQuick Glance (AI)Headnote
Educational institution exemption excludes preparatory coaching, while composite supplies remain taxable and genuine foreign-exchange fluctuations stay outside taxable value.
Preparatory coaching, learning resources and academic support do not qualify for the educational institution exemption because the provider neither conducts prescribed examinations nor awards the recognised qualification or degree. Examination, registration and related fees remitted for students remain taxable unless all pure-agent conditions, including recipient authorisation and separate invoicing, are met. Printed materials, recorded lectures and digital resources supplied for a consolidated coaching fee are naturally bundled with coaching as the principal supply and are taxable accordingly. Foreign-exchange fluctuations retained on remittance of foreign professional fees are outside taxable value where they are not consideration for a distinct supply. Training and infrastructure support supplied to universities is taxable as education services.
AI TextQuick Glance (AI)Headnote
Intermediary student-enrolment services gain export status when the overseas recipient becomes the place of supply.
Student-enrolment services supplied by an Indian representative to overseas universities are intermediary services where the representative arranges or facilitates the university's educational supply to students, does not provide education on its own account, and earns enrolment-linked commission. This structure involves three parties and two supplies. Export treatment depends on the place of supply: until 29.03.2026, intermediary services are located at the Indian supplier's location and therefore do not meet export requirements; from 30.03.2026, the overseas recipient's location becomes the place of supply, allowing export treatment.
AI TextQuick Glance (AI)Headnote
Reassessment approval requires sanction from the statutorily specified senior authority, invalidating approvals by an unauthorised officer.
Reassessment notices issued more than three years after the relevant assessment year require prior approval under section 151(ii) from the specified senior authority; approval by a Principal Commissioner lacks jurisdictional competence. Competence is determined on the date the notice is issued, rather than the date approval is granted. The proviso effective from 1 April 2023 does not retrospectively exclude the reply period available under section 148A(b). Notices approved by an incompetent authority, and consequential reassessment orders, are invalid.
AI TextQuick Glance (AI)Headnote
Prospective notification amendments cannot bar consideration of provisional release for imports covered by earlier bills of lading.
Prospective operation of a notification amendment prevents its application to imports covered by bills of lading issued before the amendment commenced, unless retrospective effect is expressly provided. A later amendment therefore cannot be used to refuse consideration of provisional release for such goods. Provisional release must be considered under Section 110A on the legal framework applicable when the bills of lading were issued, and release may be granted subject to lawfully imposed conditions.
AI TextQuick Glance (AI)Headnote
Resolution-plan finality bars reassessment of extinguished pre-effective-date tax claims, while statutory safeguards govern valid reassessment initiation.
An approved insolvency resolution plan that expressly bars tax claims for a pre-effective-date period binds revenue authorities, extinguishing unpreserved claims and precluding reassessment or revision for that period. The Insolvency and Bankruptcy Code's moratorium and overriding effect support that result. Separately, reassessment requires the prescribed preliminary inquiry, independent application of mind, disclosure of third-party material to permit a meaningful response, and compliance with limitation. Initiation founded only on external reports, without inquiry or disclosure, and beyond limitation is without jurisdiction. These requirements prevent reassessment claims that conflict with binding resolution-plan terms.
AI TextQuick Glance (AI)Headnote
Reassessment beyond four years fails where recorded reasons do not identify failure of full and true disclosure.
Reassessment beyond four years after a completed scrutiny assessment requires the additional jurisdictional condition under the first proviso to Section 147: failure by the assessee to disclose fully and truly all material facts necessary for assessment. Later information suggesting income escapement is insufficient unless the recorded reasons identify a withheld primary fact and link that failure to the alleged escapement. Where transactions were disclosed during original scrutiny, jurisdiction must stand or fail solely on contemporaneously recorded reasons; later supplementation cannot cure defects. The Section 148 notice and reassessment were quashed for want of jurisdiction.
AI TextQuick Glance (AI)Headnote
Corresponding scheduled offences under anti-money-laundering law preserve enforcement jurisdiction for equivalent corruption offences under the J&K statute.
Amended Section 7 of the Prevention of Corruption Act, 1988 covers a public servant obtaining or accepting an undue advantage for self or another through abuse of position or corrupt or illegal means. It corresponds to Section 5(1)(d) of the J&K Prevention of Corruption Act, rather than Section 4-A. Because paragraph 8 of the PMLA Schedule includes amended Section 7, Section 2(2) treats the corresponding J&K provision as a scheduled offence. Criminal activity under that provision can therefore generate proceeds of crime for money-laundering purposes, sustaining Enforcement Directorate jurisdiction to register an ECIR and issue summons.
AI TextQuick Glance (AI)Headnote
Dealer incentives: Trade discounts and price adjustments lack taxable service consideration without a specific contractual obligation.
Target-based and other manufacturer incentives received by an authorised vehicle dealer operating on a principal-to-principal basis are trade discounts or price adjustments, rather than consideration for a taxable service, where the dealer resells vehicles and parts for its own profit. Increased manufacturer sales are incidental, and meeting sales targets is only a condition for a discount unless the dealer assumes an enforceable, identified obligation in return. Section 66E(e) requires an agreement expressly obliging a person to do, refrain from doing, or tolerate an act, with consideration specifically linked to that obligation. Without that contractual nexus, incentives, support and reimbursements do not attract service tax or consequential penalties.
AI TextQuick Glance (AI)Headnote
Separate assessment-year notices are mandatory, rendering composite show cause proceedings across multiple financial years legally unsustainable.
Separate show cause notices are required for each distinct assessment year. Composite proceedings initiated through a single notice covering multiple financial years, and any consequential consolidated adjudication, are legally unsustainable under the applicable framework. The requirement preserves assessment-year-specific initiation of proceedings and invalidates a combined notice spanning several years.
AI TextQuick Glance (AI)Headnote
Limitation for dividend-transfer offences barred delayed prosecution, while prolonged inactivity made continued criminal proceedings unwarranted.
Limitation for prosecuting failure to transfer unpaid or unclaimed dividends to the Investor Education and Protection Fund begins when the seven-year transfer obligation expires. Where the alleged offence is punishable only with a fine, the six-month period under Section 468 applied, rendering a complaint instituted in 2006 time-barred. Criminal proceedings that had remained pending since 2006 without substantial progress were also unwarranted, as their continuation would not serve the ends of justice. The dividend-transfer prosecution could therefore not be sustained.
AI TextQuick Glance (AI)Headnote
Unadjudicated appellate grounds constitute an apparent record error, requiring limited recall for determination of omitted issues.
Non-adjudication of grounds raised by an assessee constitutes an error apparent from the record. The earlier appellate order required a limited recall only for the grounds left undecided, rather than a full reconsideration of the appeal. The miscellaneous applications were allowed to that extent, and the prior order was recalled solely for adjudication of the omitted grounds.
AI TextQuick Glance (AI)Headnote
Remission or cessation under section 41(1) is essential; unpaid disallowed interest and available block assets retain their tax treatment.
Section 41(1) applies only where the relevant expenditure or trading liability was previously allowed as a deduction and the taxpayer subsequently obtains a benefit through remission or cessation. Interest earlier disallowed under section 43B, continuing in the balance sheet without write-back, waiver, settlement or discharge, cannot be added under section 41(1); assignment of debt by a lender does not extinguish the borrower's liability. Depreciation remains available for a building continuing in the existing block of assets and available for business use. Lack of operating revenue or creation of a mortgage, without permanent business closure, sale, discard or loss of availability, does not justify denying depreciation.
AI TextQuick Glance (AI)Headnote
Revenue character of telecom operating costs prevails over book capitalisation, while standard cross-border connectivity payments avoid withholding.
Operational expenditure incurred to run, maintain and improve an existing telecom network remains revenue expenditure where it lacks a demonstrated nexus with creating or acquiring a capital asset, notwithstanding its allocation to capital work-in-progress in the accounts. Its deduction is governed by its real tax character rather than book presentation. Payments to non-resident telecom operators for connectivity, voice termination, bandwidth, and operation-and-maintenance services are not royalty or fees for technical services where the payer receives no right to use equipment or processes and no technical capability is made available. In the absence of a permanent establishment, such payments are not taxable as business profits in India, removing withholding and related disallowance exposure.
AI TextQuick Glance (AI)Headnote
Section 153D approval requires independent year-wise consideration; mechanical consolidated approval renders the resulting assessments void ab initio.
Section 153D prior approval operates as an in-built safeguard requiring independent application of mind to the material and draft assessment order for each assessment year. A consolidated approval covering two assessment years, without evidence of file consideration, separate year-wise approval, or recorded reasons, is mechanical and invalid. Invalid approval under Section 153D renders the consequential assessment order void ab initio and liable to be quashed.
AI TextQuick Glance (AI)Headnote
Revisionary jurisdiction cannot reopen bogus-purchase additions pending appellate review or displace an Assessing Officer's permissible view
Revisionary jurisdiction under Section 263 is confined, where an assessment is under appeal, to matters not considered and decided in that appeal. Revision of a bogus-purchase addition was therefore impermissible because its validity was already pending before the CIT(A). An assessment order cannot be treated as erroneous and prejudicial to Revenue merely because the PCIT prefers a different view where the Assessing Officer has adopted a legally permissible view on a debatable issue. Directions to invoke Section 69C and apply the consequential special tax rate under Section 115BBE were also unsustainable where the expenditure, source, banking payments and accounting entries had been explained.
AI TextQuick Glance (AI)Headnote
Prescribed refund applications govern delayed-refund interest, while redesignation of the competent officer does not defeat refund claims.
Refund of excess tax or penalty under the Bihar Value Added Tax framework must be sought through the prescribed Form A-VIII procedure. A change in the designation of the competent refund officer does not by itself invalidate an application filed with the corresponding predecessor authority; the application may be forwarded to the redesignated officer. Delayed-refund interest does not arise automatically after an appellate or Tribunal order. Defects in the prescribed application must be cured, and delay attributable to the claimant is excluded. Interest becomes payable only where a compliant application is received and the authority fails to make the refund within ten days.
AI TextQuick Glance (AI)Headnote
Demand beyond the show cause notice is prohibited, making excess GST confirmation fundamentally unsustainable under Section 75(7).
Section 75(7) of the Uttar Pradesh Goods and Services Tax Act, 2017 prohibits confirmation of a GST demand exceeding the amount proposed in the show cause notice. Where confirmed demands on two discrepancy counts substantially exceeded the amounts proposed in a single notice, the excess confirmation constituted a fundamental and incurable defect. The adjudication order was therefore unsustainable to the extent it confirmed demand beyond the show cause notice.
AI TextQuick Glance (AI)Headnote
GST registration revocation requires a fresh hearing where medical reasons prevented a show-cause notice response and payment undertaking is furnished.
Revocation of cancelled GST registration may warrant a further opportunity where a show-cause notice remained unanswered for medical reasons and outstanding tax liabilities were not addressed. Rejection of the revocation application was set aside subject to filing a reply and furnishing the undertaking required under Rule 23 to pay outstanding tax, interest and penalty. The competent authority must then determine the revocation application in accordance with law.

Case Laws

Back

All Case Laws

Showing Results for :
Reset Filters
No Records Found

Case Laws

2021 (11) TMI 376 - AT - Income Tax

Contents
Cases Cited
Summary
Note

Note

-

Bookmark

Print

Print

Tribunal upholds capitalization of NTPC project expenses, citing consistency with prior judgments.
The Tribunal dismissed the Revenue's appeal, upholding the Ld. CIT(A)'s decision to allow expenses related to the NTPC project to be capitalized. The ... Summary

Topics

Acts Income Tax