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
Speaking appellate order required for disallowance of share capital loss; matter sent back for fresh adjudication.
Disallowance of short-term capital loss on share sale was found unsupported by a speaking appellate order because the reasons for treating the transactions as sham were only summary and did not explain why the claim should be rejected, even though section 94(8) was held inapplicable to the share transactions. The matter was therefore sent back for fresh adjudication with a direction to pass a reasoned order after giving the assessee a reasonable opportunity of hearing under section 250(6) of the Income-tax Act, 1961.
AI TextQuick Glance (AI)Headnote
Penalty under section 270A fails where fully disclosed income is accepted and delayed filing is shown to be bona fide.
Penalty under section 270A is not justified where a return filed in response to section 148 is accepted without any addition or disallowance, the income is fully disclosed and verifiable, and no concealment, escapement, or tax evasion is shown. The Tribunal's discussion treats delayed filing by itself as insufficient for under-reporting when the assessee gives a bona fide explanation, supported by medical records, for the original non-filing. On those facts, the penalty was deleted because the assessed income matched the returned income and the default was found to be bona fide rather than culpable.
AI TextQuick Glance (AI)Headnote
Foreign tax credit cannot be denied for delayed Form 67 filing when taxes paid and particulars are verifiable.
Foreign tax credit cannot be denied merely because Form No. 67 was filed after the return-filing due date, where the foreign taxes paid and supporting particulars are otherwise verifiable. The ITAT Pune followed its coordinate bench rulings and held that filing Form No. 67 is directory, not mandatory, so procedural delay alone does not defeat a substantive FTC claim. The denial of relief on belated filing was therefore unsustainable, and the Assessing Officer was directed to verify the claim and allow the foreign tax credit.
AI TextQuick Glance (AI)Headnote
Tariff classification of implant systems: complete joint replacements fall under artificial joints, with customs exemption denied.
Imported knee, hip and shoulder implant systems had to be classified by their objective character as imported: complete prosthetic joint assemblies fell under tariff item 90213100 as artificial joints, while implantable components such as stems, cups and liners fell under tariff item 90213900 as other artificial parts of the body. They were not classifiable under tariff item 90211000 as orthopaedic appliances because that heading covers appliances that prevent or correct deformities or support body parts, not implantable replacements. Exemption under Sr. No. 385 of Notification No. 45/2025-Cus was denied because Entry B(1) applies only to orthopaedic appliances and Entry E(9) was construed strictly and not extended to these goods.
AI TextQuick Glance (AI)Headnote
Company law remedies in oppression cases are not barred by lack of consent where transactions are pleaded fraudulent or void.
In proceedings under Sections 241 and 242 of the Companies Act, 2013, the Tribunal's wide remedial power is not confined by the consent proviso in Section 242(2)(f) where the pleaded case is that transactions are fraudulent, sham, or void; consent was therefore not a condition precedent. The earlier order allowing collapse only where consent already existed did not create a universal consent requirement. Detailed pleadings supported by RBI, SFIO and forensic material alleging circuitous routing of funds required merits examination. The application was also not barred by election, estoppel, or approbate and reprobate merely because separate Section 7 proceedings had been pursued.
AI TextQuick Glance (AI)Headnote
Security interest in real estate insolvency limits dissenting creditor recovery; registered sub-lease deed can create secured creditor status.
In real estate insolvency, a dissenting secured creditor's entitlement under the IBC is limited to the value of its actual and legally enforceable security interest; ACRE's security was confined to unsold inventory, excluding sold units and homebuyers' crystallised allotment rights, so the plan's payment above that assessed value was compliant and its challenge failed. Objections by Dhankalash on valuation, feasibility, viability, and alleged non-compliance with Section 30(2) were held to fall within the CoC's commercial wisdom, with no material prejudice or mandatory legal breach, so its appeal was dismissed. A registered sub-lease deed creating a first charge in favour of NOIDA amounted to a security interest, making its classification as an operational creditor erroneous; the plan distribution was required to be revised accordingly.
AI TextQuick Glance (AI)Headnote
Retrospective GST registration cancellation is permissible where the statute authorises cancellation from any date and suspension during proceedings.
Section 29(2) of the CGST Act expressly permits cancellation of GST registration from any date, including a retrospective date, and its second proviso allows suspension of registration during pending cancellation proceedings for the prescribed period and manner. The phrase "as may be prescribed" was read as referring to the prescription under Section 29 itself. The challenge to Section 29(2) and Rule 21(a) was not entertained in the writ petition, as the Court found no sufficient ground to invoke writ jurisdiction and noted that the notice process provided an opportunity to reply and seek personal hearing.
AI TextQuick Glance (AI)Headnote
Retrospective GST registration cancellation and interim suspension upheld within the statutory framework despite writ challenge
Retrospective cancellation of GST registration under Section 29(2) of the CGST Act is permitted where the statute authorises cancellation from any date, including a past date, and the second proviso allows suspension of registration during pending cancellation proceedings. The expression "as may be prescribed" was read as referring to the procedure prescribed under Section 29. On the facts noted, the show cause notice alleged fraud and gave an opportunity to reply and seek personal hearing, which was not utilised. The challenge to Section 29(2) and Rule 21(a) therefore disclosed no ground for writ interference, and the writ petition was dismissed.
AI TextQuick Glance (AI)Headnote
Alternate remedy under GST bars writ relief where statutory appeal to the Tribunal remains available and competent
Where an efficacious statutory appeal lies under the GST regime, writ jurisdiction under Article 226 will ordinarily not be exercised unless an exceptional case is shown. The Court held that the impugned order was appealable to the Appellate Tribunal under the CGST Act and Rules, and that the petitioner had not established any basis to bypass that remedy. The Tribunal was considered competent to examine the merits, including revenue neutrality, and the petitioner was directed to pursue the statutory appeal after complying with the pre-deposit requirement.
AI TextQuick Glance (AI)Headnote
Section 263 revision cannot replace a plausible assessment view on bogus purchases after inquiry
Revision under section 263 was not justified where the Assessing Officer had made an addition of 12.5% of alleged bogus purchases after inquiry and adopted a legally plausible view. The Principal Commissioner could not invoke revision merely to substitute a different approach by insisting that the entire amount be added under section 69C and taxed under section 115BBE. The Tribunal and HC held that this was not a case of lack of inquiry, and the assessment order was neither erroneous nor prejudicial to the interests of revenue. The Tribunal's order was upheld.
AI TextQuick Glance (AI)Headnote
BSNL VRS compensation treated as retrenchment compensation and exempt as capital receipt under section 10(10B)
Compensation paid to BSNL employees under the Voluntary Retirement Scheme, 2019 was treated as retrenchment compensation arising from forced retirement under the revival package. On that basis, it was regarded as a capital receipt not taxable as salary income, and the exemption was held to fall under section 10(10B), rather than being confined to the limit-based relief under section 10(10C). The Tribunal followed its earlier coordinate bench rulings on identical facts and accepted the assessee's claim for exemption.
AI TextQuick Glance (AI)Headnote
Section 263 revision upheld for failure to examine penalty exposure and make proper enquiry in reassessment.
Revisionary jurisdiction under section 263 was upheld where the AO completed reassessment under sections 147 and 144B without initiating penalty proceedings or making proper enquiry into the assessee's delayed return filing. The Tribunal held that the AO was required to examine the applicability of penalty provisions and carry out necessary verification before completing the assessment. Because that enquiry was omitted, the assessment was treated as erroneous and prejudicial to the interests of the Revenue, validating revision.
AI TextQuick Glance (AI)Headnote
Interest on land acquisition compensation treated as part of compensation, not taxable as separate income.
Interest received on delayed compensation for compulsory acquisition of agricultural land was treated as part of the compensation itself, because the amount arose under sections 28 and 34 of the Land Acquisition Act and retained the character of the principal award. On that basis, it was held not to be independent interest income taxable under section 56(2)(viii) of the Income-tax Act, 1961. The receipt was regarded as an accretion to compensation, and the assessee was entitled to exemption under section 10(37) in relation to the agricultural land acquisition.
AI TextQuick Glance (AI)Headnote
Infructuous appeals dismissed after consequential assessment order ceased to survive when revisionary order was set aside.
Appeals were dismissed as infructuous because the consequential assessment order, passed in effect of the revisionary order, no longer survived once the revisionary order was set aside for fresh consideration. The tribunal treated the subsistence of the assessment order as dependent on the revisionary order and, after that order ceased to operate, found no live controversy requiring adjudication.
AI TextQuick Glance (AI)Headnote
Section 153C satisfaction note must be year-specific and material-linked; a consolidated note vitiates jurisdiction.
Section 153C jurisdiction requires a valid satisfaction note that separately identifies the seized material, the entries relied on, and the specific assessment year to which it pertains. A consolidated note covering multiple years, without year-wise linkage to the assessee, is defective and cannot sustain jurisdiction. Applying earlier coordinate bench decisions, the ITAT Delhi held that the jurisdictional assumption was invalid and quashed the assessment in favour of the assessee.
AI TextQuick Glance (AI)Headnote
Business support services not taxable as fees for technical services where the treaty make-available test was not met.
Receipts for management and business support services to an Indian subsidiary were held not taxable as fees for technical services under section 9(1)(vii) and Article 12(4)(b) of the India-Singapore DTAA. The services were treated as business/support services, and the treaty test of making available technical knowledge, experience, skill, know-how or processes was not satisfied. Applying section 90(2), the more beneficial treaty provision prevailed over the broader domestic definition, so the addition was deleted.
AI TextQuick Glance (AI)Headnote
Transfer pricing and telecom deductions: CUP needs uncontrolled comparables, while AMP adjustments require evidence of an associated-enterprise arrangement.
Transfer-pricing treatment of telecom-related payments requires comparable uncontrolled transactions for CUP benchmarking of brand royalty, while RBI-approved all-in-cost ceilings may provide a relevant benchmark for ECB interest and upfront fees. AMP expenditure cannot be treated as an international transaction merely because of high marketing spend; tangible evidence of an arrangement with an associated enterprise is required. Spectrum-use rights qualify as depreciable intangible assets. Telecom penalties that are compensatory and business-related may be deductible, whereas annual licence fees are capital and eligible only for amortisation under section 35ABB, subject to verification of the surviving licence period. Distributor discounts are not commission for tax withholding purposes. IBM hardware-use payments and WPC royalty charges may be revenue expenditure; liabilities written back remain taxable.
AI TextQuick Glance (AI)Headnote
Provisional release of seized imported goods allowed on conditions, while customs adjudication remained independent.
Seized imported goods were directed to be provisionally released subject to conditions, including payment of enhanced duty, Customs quantification within a fixed time, furnishing of bank guarantee, and preservation of transaction details if the goods were sold. The conditional release was limited to interim relief and did not affect the separate customs adjudication. The adjudicating authority was permitted to proceed independently, consider both sides' objections on their own merits, and decide the matter uninfluenced by the release order.
AI TextQuick Glance (AI)Headnote
Resultant goods under MOOWR can include refining by-products, with duty remission allowed on exported input content proportionately.
Under the MOOWR framework, commercially identifiable by-products arising from refining crude oil may qualify as "resultant goods" even though they are not the main products, because the expression is read in its ordinary trade and commercial sense. Export of such resultant goods permits remission of customs duty on the imported inputs contained in them, even where the principal products are cleared for home consumption. The framework also allows proportionate attribution of imported inputs to exported resultant goods on a verifiable yield-ratio or material-balance basis, so the absence of an express formula does not defeat the benefit.
AI TextQuick Glance (AI)Headnote
Refund limitation under section 11B and lack of proof of tax payment defeated the service tax refund claim.
Refund claims under section 11B, as applied to service tax, must be filed within one year from the relevant date. The claim failed because the appellant could not substantiate with challans and records that the disputed amount represented tax paid on non-taxable services within the prescribed period. The refund was therefore not proved maintainable to the extent disallowed, and the rejection was sustained in favour of the Revenue.

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

(New) -

Download

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