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 ❯
    Writ remedy barred by alternative GST appellate forum where challenge turned on disputed facts and notice sufficiency.
    Discretionary penalty under the Black Money Act may not apply where Schedule FA non-disclosure is only a bona fide technical lapse.
    Inventory valuation, trade creditors and delay condonation were all resolved in favour of the taxpayer on established accounting and evidentiary princ...
    Rectification of judgment wording upheld as the Supreme Court declined interference with the corrected operative portion.
    Refund dispute turned infructuous after recomputation to give effect to the appellate order and activation of refund process.
    Revenue expenditure, section 14A limits, section 80G deduction, and depreciation on acquired business rights in slump sale.
    PMLA investigation powers upheld: ECIR, summons, Section 50 statements, and corruption proceedings against a private person survived challenge.
    Writ jurisdiction and disputed GST facts: High Court declines interference where an effective statutory appeal exists.
    Reasoned appellate orders are essential; remand upheld where the first appeal lacked findings and reasons.
    Transfer pricing comparability requires functional similarity and comparable operational scale; export filters and low turnover cannot override materi...
    Third-party search material and borrowed satisfaction render reassessment invalid when the Assessing Officer lacks independent belief.
    Trading liability cessation under section 41(1) fails where the debt remains acknowledged, unpaid, and unreversed in books.
    Penalty for non-compliance and under-reporting fails where compliance is substantial and the income error is bona fide
    Penalty for procedural non-compliance fails when assessment is completed on merits and subsequent compliance is accepted.
    Unexplained money under section 69A cannot rest on third-party material alone when banking records and lender documents support a genuine loan.
    Commercial exploitation of property taxed as business income where letting out formed part of the company's core objects and activity.
    Captive power valuation under section 80-IA follows open-market industrial consumer rates, and consistent expense allocation cannot be changed without...
    Double disallowance, broken period interest and treaty dividend claims shaped the ITAT's tax treatment of additions and penalty initiation.
    Marble block cutting not manufacture; extended customs limitation and penalties failed, while duty adjustment was allowed.
    Penalty under Customs law fails where imported goods are only misclassified, without independent misdeclaration supporting confiscation.
❮
❯
❯❯
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
Writ remedy barred by alternative GST appellate forum where challenge turned on disputed facts and notice sufficiency.
Writ jurisdiction under Article 226 was declined because the GST demand challenge involved disputed questions of fact and an effective statutory appellate remedy was available. The petitioner's claim that no valid show-cause notice preceded the demand was assessed against the annexed notice, and the Court held that the alleged discrepancy required factual examination by the adjudicating and appellate forums under the GST framework. Applying the settled rule of non-interference where an efficacious alternative remedy exists, the writ petition was held not maintainable and the challenge was left to be pursued before the statutory forum.
AI TextQuick Glance (AI)Headnote
Discretionary penalty under the Black Money Act may not apply where Schedule FA non-disclosure is only a bona fide technical lapse.
Section 43 of the Black Money Act is described as discretionary, not automatic, because the word "may" and the hearing requirement require a judicious exercise of power on the facts of each case. Where a foreign investment was made from disclosed, tax-paid funds routed through regular banking channels, and the related income and capital loss were reported in returns, a failure to complete one disclosure column in Schedule FA is treated as a bona fide technical lapse rather than a substantive concealment. On that reasoning, penalty is said to be unwarranted where the omission is only venial and the asset's source is fully explained.
AI TextQuick Glance (AI)Headnote
Inventory valuation, trade creditors and delay condonation were all resolved in favour of the taxpayer on established accounting and evidentiary principles.
Delay in filing an appeal may be condoned on a liberal, justice-oriented assessment where sufficient cause is shown by business closure, lack of resources and subsequent attempts to revive operations; the appeal was admitted. Diminution in inventory value is allowable as a business deduction when closing stock is consistently valued on a scientific basis under the lower of cost or net realisable value principle in line with the accounting standard and settled precedent; the disallowance was deleted. Unconfirmed trade creditors cannot be treated as bogus merely because notices remain unanswered, where the books, bills and transactions are duly recorded and no independent adverse material disproves them; the addition was deleted.
Quick Glance (AI)Headnote
Rectification of judgment wording upheld as the Supreme Court declined interference with the corrected operative portion.
Rectification of a judgment's operative portion was sought on the basis of an inadvertent wording error. The disputed phrase in para 3(iii) was substituted from "answered in the negative, i.e., in favour of the Revenue and against the Assessee" to "answered in the affirmative, i.e., in favour of the Assessee and against the Revenue." The Supreme Court found no reason to interfere with the rectification order and dismissed the Special Leave Petition, leaving the corrected operative words in place.
AI TextQuick Glance (AI)Headnote
Refund dispute turned infructuous after recomputation to give effect to the appellate order and activation of refund process.
A writ petition concerning refund of the net amount became infructuous after the refund was recomputed by the DCIT, Cuttack to give effect to an appellate order under Section 250 of the IT Act, and the refund process was activated. As nothing remained to be adjudicated on the refund claim, the High Court disposed of the petition.
AI TextQuick Glance (AI)Headnote
Revenue expenditure, section 14A limits, section 80G deduction, and depreciation on acquired business rights in slump sale.
Compensatory interest paid for delayed licence and migration fee was treated as revenue expenditure because it did not create a new asset or enduring advantage. Section 14A read with Rule 8D was held inapplicable where no exempt income was earned during the year. A CSR-related payment to an institution approved under section 80G was regarded as eligible for deduction under Chapter VIA, with no statutory bar merely because the payment satisfied a CSR obligation. Depreciation was also allowed on an intangible asset representing acquired workforce under a genuine slump sale, as such business or commercial rights were held to fall within section 32(1)(ii).
AI TextQuick Glance (AI)Headnote
PMLA investigation powers upheld: ECIR, summons, Section 50 statements, and corruption proceedings against a private person survived challenge.
An internal ECIR under the PMLA cannot be quashed merely on apprehension of repetition where the predicate offences and alleged conspiracy are distinct; the challenge was therefore rejected as premature. Summons issued as part of PMLA investigation and the sharing of material under Section 66(2) were treated as lawful investigative steps, so pre-trial interference was declined. Statements recorded under Section 50 were not quashed because the person was not formally arraigned as an accused when they were taken, and Article 20(3) protections and Section 164(4) CrPC safeguards were held inapplicable at that stage. A private person may also face proceedings for abetment or conspiracy under the Prevention of Corruption Act.
AI TextQuick Glance (AI)Headnote
Writ jurisdiction and disputed GST facts: High Court declines interference where an effective statutory appeal exists.
Where GST search, inspection, stock discrepancy and penalty proceedings turn on disputed facts, the High Court should ordinarily decline writ interference under Article 226 when an effective statutory appeal is available. The challenge to the search authorization, inspection process, stock records and quantification required factual adjudication by the competent authority, not writ determination. Applying the rule of exhaustion of statutory remedies, the Court held that the petitioner should pursue the appellate remedy rather than invoke writ jurisdiction. The writ petition was therefore not entertained and the petitioner was relegated to the statutory appeal.
AI TextQuick Glance (AI)Headnote
Reasoned appellate orders are essential; remand upheld where the first appeal lacked findings and reasons.
A first appellate order that merely reproduces material and records a brief conclusion without reasons is non-speaking and fails the duty of reasoned adjudication, especially when reversing the Assessing Officer. Because effective appellate scrutiny is impossible without such reasons, the Tribunal was justified in remanding the matter to the Commissioner of Income Tax (Appeals) for fresh decision rather than deciding the appeal on merits. The challenge under Section 260A did not disclose any substantial question of law warranting interference, and the remand was upheld.
AI TextQuick Glance (AI)Headnote
Transfer pricing comparability requires functional similarity and comparable operational scale; export filters and low turnover cannot override material differences.
Transfer pricing comparability requires both functional similarity under the FAR analysis and a materially comparable scale of operations. An export-earning filter cannot by itself justify including an e-publishing company as an IT-enabled services comparable where its functional profile requires separate examination. Extreme turnover disparity may also undermine comparability where the scale difference materially affects operating structure, economic profile and margins. The High Court's stated conclusions favour the Revenue: the first comparable required reassessment of functional similarity, and the low-turnover company was not a proper comparable.
AI TextQuick Glance (AI)Headnote
Third-party search material and borrowed satisfaction render reassessment invalid when the Assessing Officer lacks independent belief.
Reassessment based on search material relating to a third party must proceed under section 153C, since that special regime overrides sections 147 and 148 where seized material pertaining to another person is relied on. Reopening is also invalid where the Assessing Officer merely adopts Investigation Wing information without independent application of mind and records borrowed satisfaction instead of forming a personal belief on tangible material. In this article, the reassessment proceedings for the batch of years were quashed, and the merits of the additions were not examined.
AI TextQuick Glance (AI)Headnote
Trading liability cessation under section 41(1) fails where the debt remains acknowledged, unpaid, and unreversed in books.
Section 41(1) did not apply to the alleged trading liability because the amount continued to appear in the assessee's books and had not been written back. The creditor's response under section 133(6) confirmed that the sum remained receivable, which negatived any inference of remission or cessation. Mere delay in payment, or a timing discrepancy without evidence of waiver, extinguishment, legal unenforceability, or any bilateral act ending the liability, is insufficient to trigger section 41(1). The addition was therefore unjustified and was deleted, with the issue decided in favour of the assessee.
AI TextQuick Glance (AI)Headnote
Penalty for non-compliance and under-reporting fails where compliance is substantial and the income error is bona fide
Penalty under section 272A(1)(d) is not sustainable where the assessee seeks adjournments, later furnishes the information called for under section 142(1), and the conduct shows substantial compliance rather than wilful defiance. Penalty under section 270A is also not leviable where under-reporting arises from a bona fide computational error in house property income, the assessee has disclosed the relevant co-ownership, licence, rental and bank details, and the mistake is admitted and corrected during assessment. The governing principle is that penalty provisions do not apply to technical or venial lapses, or to transparent and bona fide errors made without concealment or contumacious conduct.
AI TextQuick Glance (AI)Headnote
Penalty for procedural non-compliance fails when assessment is completed on merits and subsequent compliance is accepted.
Penalty under section 271(1)(b) of the Income-tax Act was found unsustainable where the assessment was ultimately completed on merits through a speaking order and the assessee had furnished the required details and evidence during the proceedings. The Tribunal noted that the case was not completed as a best judgment assessment under section 144 and that the assessment order showed consideration of the material produced, with no demonstrated prejudice to the Revenue. Applying coordinate bench decisions, it treated the earlier non-compliance as a procedural default that did not justify penal action once subsequent compliance was accepted. The penalty was deleted in full.
AI TextQuick Glance (AI)Headnote
Unexplained money under section 69A cannot rest on third-party material alone when banking records and lender documents support a genuine loan.
Unsecured loan received through banking channels and recorded in the books could not be treated as unexplained money under section 69A where the assessee produced loan confirmation, bank records, audited lender statements, RBI registration, a loan agreement, repayment evidence and a no-dues certificate establishing identity, creditworthiness and genuineness. Third-party search material and generalized allegations, without direct incriminating evidence of cash routing, commission payment or flow-back, were insufficient to displace the assessee's documents. As the loan transaction was not shown to be sham, the related disallowance of interest expenditure and denial of set-off of interest income also could not survive.
AI TextQuick Glance (AI)Headnote
Commercial exploitation of property taxed as business income where letting out formed part of the company's core objects and activity.
Rental receipts from commercial spaces were taxable as business income, not income from house property, because the company's memorandum and actual conduct showed acquisition, development, letting out, and commercial exploitation of properties as part of its business, with facilities and services provided to occupiers. The receipts had also been consistently assessed as business income in earlier scrutiny proceedings. An estimated disallowance of expenses could not be sustained where the assessee produced head-wise details, invoices, PANs, and TDS particulars, no specific defect was identified, the books were not rejected, and the estimation lacked adequate verification. The additions were deleted in full.
AI TextQuick Glance (AI)Headnote
Captive power valuation under section 80-IA follows open-market industrial consumer rates, and consistent expense allocation cannot be changed without cause.
For section 80-IA valuation, electricity generated by a captive power plant and used by eligible manufacturing units is to be benchmarked at the price an industrial consumer would pay in the open market, not at the lower regulated rate for surplus sale to the electricity board. The transfer pricing adjustment on this basis was rejected. On allocation of common head office expenses, a consistently accepted apportionment by fixed assets could not be replaced with a profitability-based ratio without a material change in facts or law. The further allocation made by the Assessing Officer was therefore disallowed, and the relief granted by the first appellate authority was upheld on both issues.
AI TextQuick Glance (AI)Headnote
Double disallowance, broken period interest and treaty dividend claims shaped the ITAT's tax treatment of additions and penalty initiation.
Where an investment in a wholly owned subsidiary had already been disallowed in the return, a further assessment addition was treated as a double disallowance; the write-off was held to be incidental to business and the addition was deleted. Broken period interest on debentures was excluded because the debentures were sold before the interest fell due and the same economic receipt was already embedded in later capital gains, avoiding double taxation. The DTAA dividend-rate claim for non-resident shareholders required fresh factual verification and was remanded. Initiation of penalty proceedings under section 270A was held premature and the challenge failed.
AI TextQuick Glance (AI)Headnote
Marble block cutting not manufacture; extended customs limitation and penalties failed, while duty adjustment was allowed.
Cutting marble blocks into slabs or tiles during the relevant period did not amount to manufacture under section 2(f) of the Central Excise Act, so the excise duty demand on DTA clearances failed. The customs demand could be sustained only for the normal limitation period because the relevant import and clearance facts were already within departmental knowledge, and the duty paid on DTA clearances was allowed to be adjusted against the surviving customs liability. The imported marble blocks were not liable to confiscation, so redemption fine also failed. Penalties were deleted because suppression and intent to evade duty were not established.
AI TextQuick Glance (AI)Headnote
Penalty under Customs law fails where imported goods are only misclassified, without independent misdeclaration supporting confiscation.
Penalty under section 112(a)(ii) of the Customs Act, 1962 cannot be sustained unless the imported goods are first shown to be liable to confiscation under section 111. Where the only basis for confiscation is an alleged misclassification in the Bill of Entry, and there is no independent material showing misdeclaration, a mere classification dispute does not by itself attract section 111(m). In the absence of liability to confiscation, the foundation for penalty fails and the penalty is not maintainable.

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