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
Ex parte GST adjudication set aside for want of reply opportunity; matter remitted for fresh consideration on merits.
Ex parte adjudication orders based on non-filing of reply and alleged discrepancies between GSTR-3B and GSTR-1, including an asserted excess input tax credit claim, were set aside because the petitioner had not been heard on the merits. The court treated the proceedings as having been decided only on the material available before the authority and accepted that the petitioner should be allowed to file a reply and supporting material to meet the show cause notice. The matter was remitted to the stage of reply, with costs imposed on the petitioner.
AI TextQuick Glance (AI)Headnote
Section 56(2)(viib) and share conversion valuation: CCD conversion without fresh consideration fell outside the anti-abuse rule.
Section 56(2)(viib) does not apply to conversion of CCDs into equity shares where no fresh consideration is received in the relevant previous year, because the provision is triggered only when a company receives consideration for issue of shares in excess of fair market value. The earlier receipt of funds on issue of CCDs meant the conversion did not attract the anti-abuse provision. For valuation, Rule 11U(b) and Rule 11UA require the balance sheet drawn up on the valuation date, or, if unavailable, the latest balance sheet preceding that date; on this basis, use of the audited balance sheet as on 31.03.2016 for NAV valuation was accepted.
2026 (5) TMI 376 - SC Order Money Laundering
AI TextQuick Glance (AI)Headnote
Regular bail under the PML Act and twin conditions upheld as Supreme Court declines interference and reserves liberty for breach claims.
Regular bail under section 45 of the PML Act was discussed in the context of the twin conditions for bail, with the petitioner having been granted bail subject to specified conditions. Delay in filing was condoned, and the Supreme Court declined to interfere with the High Court's orders, dismissing the special leave petitions. Liberty was reserved to approach the High Court for appropriate orders if any bail condition was breached by respondent No. 1.
2026 (5) TMI 375 - SC Order Money Laundering
AI TextQuick Glance (AI)Headnote
Bail granted after prolonged custody and parity with co-accused, as trial was unlikely to conclude soon.
Prolonged custody, an unframed-charge stage, and the likelihood of a lengthy trial justified release on bail where the accused stood on the same footing as co-accused already enlarged on bail. The Supreme Court took an overall view that continued incarceration was not justified for bail purposes and granted bail, subject to furnishing bail bonds and complying with the trial court's conditions.
AI TextQuick Glance (AI)Headnote
Non-speaking refund rejection in GST export of services dispute set aside, with fresh speaking order required after hearing.
A refund rejection under the GST export of services regime was set aside because the order contained no specific finding on the claim, merely reproduced the service agreement, and failed to consider the assessee's reply or the contention that the recipient was a distinct person and the services were exports. The court held that such non-application of mind amounted to a non-speaking order. The matter was remanded for de novo reconsideration, with the authority directed to pass a reasoned speaking order after affording an effective hearing.
AI TextQuick Glance (AI)Headnote
Pre-deposit compliance and natural justice require notice and cure before an appeal is rejected for a procedural cash-ledger defect.
A procedural defect in the manner of debiting a pre-deposit from the cash ledger should not defeat a bona fide attempt to comply with the mandatory appeal requirement under the CGST Act, 2017. Where the appellant had in fact deposited the amount and intended to satisfy the pre-deposit condition, natural justice required prior notice and a reasonable opportunity to cure the defect before dismissal. The High Court held that procedure and form could not prevail over substance, quashed the rejection of the appeal, and remanded the matter to the Appellate Authority for decision on merits after the defect was cured.
AI TextQuick Glance (AI)Headnote
Writ not entertained at show cause notice stage in GST registration cancellation dispute; authority must first decide reply.
A writ petition challenging a GST show cause notice for proposed cancellation of registration was not entertained because no final order had yet been passed and the petitioner had already filed replies before the department. The Court applied the principle that a noticee should ordinarily pursue the statutory process, with the competent authority first considering the reply and then issuing a reasoned decision in accordance with law. It also noted the earlier Division Bench view supporting that course. The petitioner was therefore left to the authority's decision on the show cause notice within the stipulated time.
AI TextQuick Glance (AI)Headnote
Zero-rated supply refund disputes were remanded for fresh consideration after the High Court followed its earlier identical decision.
Orders rejecting refund claims relating to zero-rated supplies were set aside because the dispute was identical to an earlier batch involving the same assessee, where the High Court had already directed remand. Following that approach, the matter was sent back to the original authority for fresh consideration in accordance with law after giving the petitioner an opportunity of hearing. The substantive entitlement to refund was left open for determination before the authority.
AI TextQuick Glance (AI)Headnote
Statutory appellate remedy bars writ jurisdiction when an appeal and stay application are already pending before the Tribunal.
Writ jurisdiction will ordinarily not be exercised to bypass an efficacious statutory appellate remedy already invoked and pending before a competent forum. Because the petitioner had filed an appeal and a stay application before the Tribunal, which was functional and seized of the dispute, no exceptional circumstance justified interference under writ powers. The writ petition was therefore not maintainable and was dismissed, with the petitioner left to pursue the pending appellate proceedings and the stay application expected to be decided expeditiously.
AI TextQuick Glance (AI)Headnote
Time-barred reassessment notices under the new regime were held invalid, quashing proceedings founded on them.
Reassessment notices under section 148 were issued under the substituted reassessment regime and had to be tested against the transitional relaxation under TOLA and the Supreme Court's directions on deemed notice and supply of material. On the recorded facts, the notices dated 26.07.2022 and 30.07.2022 were issued beyond the surviving limitation period, rendering them invalid in law. As the notices themselves were time-barred, the reassessment proceedings founded on them could not be sustained and were quashed in all the appeals.
AI TextQuick Glance (AI)Headnote
Additional transfer pricing evidence accepted, with fresh verification ordered on segmental allocation and internal CUP benchmarking.
Additional evidence and revised segmental accounts were accepted because they were materially relevant to transfer pricing benchmarking and the existing record was incomplete. The Assessing Officer/Transfer Pricing Officer was directed to verify afresh the allocation of expenses, the revised segmental report, and the availability of an internal comparable uncontrolled price for books purchased from the associated enterprise, after granting the assessee a proper opportunity of hearing. The matter was thus restored for fresh examination of the arm's length price, with relief given on the transfer pricing grounds.
AI TextQuick Glance (AI)Headnote
Coordinate bench precedent binds later Tribunal consideration of section 10(23C)(vi) exemption and requires implementation of earlier entitlement.
An assessee's entitlement to exemption under section 10(23C)(vi) from assessment year 2018-19 onwards was treated as already settled in its own earlier proceedings, and the later Tribunal bench held that the Assessing Officer had to implement that earlier direction. Applying judicial discipline, the Tribunal followed the coordinate bench decision in the assessee's case and noted that such a ruling remains binding unless distinguished or set aside. The issue was decided in favour of the assessee, and the claimed exemption was directed to be granted for the relevant assessment year.
AI TextQuick Glance (AI)Headnote
Liquidated damages for contractual delay are not consideration for tolerance and do not attract service tax under declared service provisions.
Liquidated damages recovered under contractual delay clauses were treated as consideration for an alleged act of tolerance under section 66E(e) of the Finance Act, 1994. The document notes that such amounts arose only when supply or performance was delayed beyond the agreed timeline and were deducted as a percentage of contract value. Applying coordinate bench decisions, it states that liquidated damages are not receipts for any service and do not amount to taxable declared service. The demand and penalty based on that classification were therefore set aside.
AI TextQuick Glance (AI)Headnote
Cheque Dishonour Presumption and disputed defences were insufficient to quash process at the threshold.
A complaint under the Negotiable Instruments Act may proceed where a cheque was issued towards another legally enforceable liability, because Sections 138 and 139 refer to "any cheque" and raise a presumption that it was issued for discharge of a debt or other liability. At the quashing stage, absence of privity, reliance on a settlement, and the plea of a without prejudice arrangement or gift raised disputed factual issues that could not be finally resolved. Where the complaint and supporting documents disclosed a prima facie case and the statutory presumption remained unrebutted, process could not be quashed against the accused.
AI TextQuick Glance (AI)Headnote
Condonation of delay in statutory appeals may be granted where sufficient cause exists and merits-based adjudication would otherwise be defeated.
Delay in filing a statutory appeal may be condoned when sufficient cause is shown and refusal would defeat adjudication on merits and cause prejudice. Applying this principle to an appeal filed 356 days late under the limitation regime in the Finance Act, 1994, the Court treated the petitioner's explanation as adequate, preserved the appellate remedy, and ordered the appeal to be heard on merits. The ruling emphasises that condonation should advance substantial justice where the delay is attributable to circumstances beyond the appellant's control and denial of relief would shut out merits-based consideration.
AI TextQuick Glance (AI)Headnote
Consolidated GST notices across multiple years are permissible under Section 74 where the alleged ITC fraud pattern requires year-wise assessment.
Section 74 of the CGST Act was read as permitting a consolidated show cause notice and consequential order covering multiple financial years, because the statute contains no express bar on such consolidation. The Court treated year-wise consolidation as permissible, and potentially necessary, where alleged fraudulent availment or utilisation of input tax credit requires the full transaction pattern to be examined. It declined to depart from its earlier view despite contrary opinions of other High Courts. The challenge to the consolidated notice and order therefore failed, and the writ petitions were rejected.
AI TextQuick Glance (AI)Headnote
Non-speaking refund rejection orders are liable to be set aside and remanded for fresh reasoned adjudication after hearing.
A refund rejection order that failed to consider the assessee's reply, supporting documents and hearing submissions was treated as a non-speaking order lacking proper reasons. The High Court held that an adjudication must record a reasoned determination on the material issue, including the nature of the services and the contention that the supplies constituted export of services. Because the order showed non-application of mind, it was set aside and the matter was remanded for de novo consideration and a fresh reasoned order after granting a proper hearing.
AI TextQuick Glance (AI)Headnote
Reasoned GST registration cancellation and fair hearing are mandatory; non-speaking orders can be quashed and remanded.
GST registration cancellation requires a reasoned, speaking order and a meaningful opportunity of hearing before adverse action is taken. Where the cancellation and refusal to revoke registration were unsupported by reasons and breached natural justice, the impugned orders were liable to be set aside. The consequential notice also fell with the invalid orders, and the matter was remanded for fresh adjudication after issuance of a fresh notice and grant of personal hearing.
AI TextQuick Glance (AI)Headnote
Non-speaking rectification order set aside for failure to consider submissions and remanded for fresh adjudication
A rectification order was found unsustainable because it did not consider the petitioner's replies or the submissions made at the personal hearing, despite an earlier remand requiring fresh consideration. The court treated the omission as rendering the order non-speaking and procedurally defective. The order was therefore set aside, and the matter was remanded for de novo adjudication with a fresh reasoned decision after hearing both parties.
AI TextQuick Glance (AI)Headnote
Input tax credit time limit under GST extended for 2019-20 claims filed within the statutory window
Section 16(5) of the GST law extended the time for claiming input tax credit for financial year 2019-20 in returns filed up to 30 November 2021, notwithstanding the restriction in Section 16(4). As the claims were filed in October 2020, they fell within the extended statutory period and could not be rejected merely as delayed. The rejection of the input tax credit claims as time-barred was therefore unsustainable, and the authority was required to reconsider the matter in light of the statutory extension.

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