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
Recorded business receipts and primary evidence can defeat section 68 addition for demonetisation cash deposits.
Cash deposits in specified bank notes during demonetisation were analysed under section 68 of the Income-tax Act, 1961, where the assessee claimed they were business sale proceeds. The deposits were supported by customer-wise details, bills, ledger extracts, audited accounts and VAT records, and the corresponding sales were already recorded in the books and return. As the revenue did not rebut the primary evidence or show defects in the books, stock records or turnover, the deposits could not be treated as unexplained credits. The absence of depositor PAN details and the use of specified bank notes were held insufficient, and the addition was deleted as it would amount to taxing the same trading receipt again.
AI TextQuick Glance (AI)Headnote
Documented cash transactions and fair hearing requirements prevent unsupported disallowances for land payments and bank deposits.
Cash payments for land purchases supported by cash books, ledger accounts and registered sale deeds cannot be disallowed merely on suspicion where payments are recorded in parts and no effective opportunity is given to address adverse material. The section 40A(3) disallowance was therefore deleted. Bank cash deposits explained through opening cash balance, recorded cash receipts, withdrawals, cash book entries and bank statements cannot be treated as unexplained cash credits without proper confrontation of contrary material. The section 68 addition was also deleted. Contemporaneous books and supporting records, coupled with adherence to natural justice, are essential before adverse additions for cash transactions can be sustained.
AI TextQuick Glance (AI)Headnote
Mandatory section 143(2) notice and concrete reopening material are required before reassessment can be sustained.
Once an assessee treats the original return as the return in response to notice under section 148, issuance of notice under section 143(2) becomes mandatory before reassessment is completed; absence of that notice creates a jurisdictional defect and the reassessment cannot stand. Reopening also cannot rest on investigation material framed only in tentative, probable, or presumptive terms without definite verification or a concrete factual link to the assessee. On both grounds, the reassessment was annulled and the Revenue's challenge failed; remaining grounds were left open.
AI TextQuick Glance (AI)Headnote
Search-linked reassessment prevails over regular scrutiny where a search has been initiated and the scrutiny notice period has expired.
After a search under section 132, the Tribunal treated the search-linked reassessment route as the proper statutory mechanism for bringing escaped income to tax. It held that the Assessing Officer could not continue with regular scrutiny under section 143(3), particularly where the section 143(2) notice timeline had expired, because the special search-based procedure prevails over the general assessment provision. Applying the special-over-general principle and its earlier coordinate Bench view, the Tribunal found the section 143(3) assessment invalid and set it aside, so the assessee succeeded on the jurisdictional challenge.
AI TextQuick Glance (AI)Headnote
Mandatory notice under section 143(2) is jurisdictional; reassessment and related revision cannot stand without it.
A reassessment framed without issuing the mandatory notice under section 143(2) is jurisdictionally defective, because the notice requirement is mandatory and its omission renders the reassessment void ab initio. On that basis, a revisional order under section 263 cannot survive where it is founded on a non est reassessment, since revisional jurisdiction presupposes a valid assessment order. The result stated in the text is that both the reassessment and the section 263 order were annulled, and the assessee succeeded on the jurisdictional challenge.
AI TextQuick Glance (AI)Headnote
Reassessment notice limitation: time-barred section 148 notice failed, and the reopening proceedings were quashed.
A notice under section 148 issued for assessment year 2013-14 was held time-barred after applying the limitation framework in section 149 of the Income-tax Act, 1961, including the relaxation provisions and the Supreme Court ruling in Rajeev Bansal. Because the permissible period for issuing the reassessment notice had already expired when the notice was issued on 31.07.2022, the statutory foundation for reopening failed. The reassessment proceedings initiated on that notice were therefore quashed.
AI TextQuick Glance (AI)Headnote
Section 69A cannot sustain addition for loan repayment where recorded books, audits, and bank evidence explain the source.
Section 69A could not be invoked to treat repayment of earlier-year loans as unexplained money where the loans had already been examined in scrutiny assessments, the repayments were recorded in audited books, and bank statements supported availability of funds. Allegations based on entry-operator statements were insufficient without cross-examination or corroborative material showing unexplained cash or a circular transaction. The addition was therefore unsustainable and was deleted.
AI TextQuick Glance (AI)Headnote
Reassessment and loose-sheet additions require independent satisfaction, full disclosure findings, and reliable corroborative evidence.
Reassessment under section 148 based on search material from a third party was not barred merely because section 153A read with section 153C could also have applied, where the Assessing Officer formed independent satisfaction on seized documents and statements. However, reopening for assessment year 2009-10 beyond four years was invalid because the recorded reasons did not identify any specific failure by the assessee to disclose fully and truly all material facts. Additions based on loose sheets and search-related statements were also deleted, as the material contained contradictions, the retractions were not rebutted, and no independent corroborative evidence established cash payment, receipt, or trail.
AI TextQuick Glance (AI)Headnote
Limitation in insolvency proceedings requires consideration of part payments, ledger entries and account confirmations before rejecting a Section 9 claim.
Material documents showing part payments, a running ledger account and a confirmation of accounts must be considered when deciding whether a Section 9 insolvency application is time-barred. The record indicated that the notice and petition referred not only to the stated default date, but also to later payments and a confirmation within the relevant period. Because these documents were relevant to limitation and were not examined, the rejection of the insolvency application could not be sustained and the matter required fresh consideration.
AI TextQuick Glance (AI)Headnote
Accrual and real income principles support spreading time-share membership fees over the service period.
Time-share membership fees linked to continuing accommodation and allied service obligations were not required to be taxed in full on receipt. The fee structure was treated as partly consideration for accommodation and partly advance payment for future facilities, so the income related to services over the membership tenure. Applying accrual, real income and commercial accounting principles, the deferred recognition method was accepted, and revenue could be spread over the period to which the services related even under the mercantile system.
AI TextQuick Glance (AI)Headnote
Reassessment on penny stock information upheld, but section 68 addition deleted after primary share-trade evidence was produced.
Reassessment under sections 147 and 148 was treated as valid where the return had only been processed under section 143(1), the Assessing Officer relied on specific Investigation Wing information about alleged penny stock transactions, and the recorded reasons showed a live link to escapement of income. The proviso to section 147 was held inapplicable, Explanation 2(b) applied, and the delay objection based on the four-week rule failed on the facts. On the merits, a section 68 addition for share-sale proceeds could not be sustained once the assessee produced contract notes, demat and bank statements, and trading records showing stock exchange transactions and no section 10(38) claim; the burden then shifted to the Revenue, which lacked independent material to treat the consideration as unexplained cash credit.
AI TextQuick Glance (AI)Headnote
Genuine share transaction and wrong charging provision issues addressed, while unexplained loan credits were sent back for fresh review.
A claim of exempt long-term capital gain from sale of shares was rejected because the purchase records were inconsistent, the broker was found non-existent at the stated address, and the surrounding facts indicated fabrication and an accommodation entry arrangement; the assessee failed to prove genuineness, so the addition was sustained. An objection that the addition was made under the wrong charging provision was treated as only technical and did not invalidate an otherwise sustainable assessment where the substantive ingredients were met. The issue relating to loans as unexplained cash credits was remanded for fresh adjudication because additional lender records, including returns, balance sheets and bank statements, had been produced.
AI TextQuick Glance (AI)Headnote
Writ jurisdiction and statutory appeal under PMLA: interim orders do not automatically bar review, and reasons for relegation must be clear.
Availability of an efficacious statutory appeal under Section 26 of the Prevention of Money Laundering Act is a relevant factor in deciding whether writ jurisdiction under Article 226 should be exercised, but it does not automatically bar judicial review. An earlier interim order does not compel final adjudication in every case, although action made subject to the writ will ordinarily invite examination of legality. The Delhi High Court found that the impugned order did not disclose a clear basis for declining writ jurisdiction or for relegating the party to the appellate remedy. The order was set aside and the writ petition restored for fresh consideration, with all issues left open.
AI TextQuick Glance (AI)Headnote
Assessee's option to claim deduction under Section 36(1)(viia) cannot be overridden through rectification when the chosen mode is permissible.
Section 36(1)(viia) was construed as giving the assessee the option to choose the permissible mode of claiming the deduction, and that election could not be overridden by the Assessing Officer through rectification under Section 154. The phrase "at its option" was given substantive effect, so a completed and lawful claim could not be re-characterised by the Department as a rectifiable mistake on the facts considered. The assessee's interpretation was therefore accepted, the deduction claim was upheld, and the departmental challenge failed.
AI TextQuick Glance (AI)Headnote
Deferred timeshare income and future service liability can be recognised over time, with estimated future expenditure deductible.
A 99-year timeshare membership fee linked to continuing obligations for facilities and amenities was not taxable in full in the year of receipt, because deferred income may be recognised over the service period under the matching principle. The Court treated the receipt as connected to future performance rather than immediate income. It also held that an accrued liability to provide the promised facilities in later years was not contingent merely because the expenditure would be incurred later, so estimated future expenditure was deductible on settled accounting principles. The substantial questions were decided for the assessee.
AI TextQuick Glance (AI)Headnote
Matching principle for time-share membership fees permits deferred tax recognition where receipts fund continuing contractual obligations.
Upfront membership fees under a time-share arrangement may be deferred and recognised over the contract period where the receipt is tied to a continuing enforceable obligation to provide accommodation and use of resort facilities. Applying the matching principle, real income concept, and commercial accounting, the fee was treated as linked to future performance rather than as a mere entrance charge. Separate recovery of maintenance and utility charges did not change the character of the membership fee, and accounting standards together with later statutory recognition supported deferred revenue treatment. The Madras HC therefore upheld recognition of the fee over the relevant period and rejected taxation of the entire amount in the year of receipt.
AI TextQuick Glance (AI)Headnote
Alternate statutory remedy bars writ review where appeal under GST law is available against adjudication order.
A writ petition challenging a show cause notice and order-in-original was not entertained because an efficacious statutory appeal was available under Section 107(1) of the CGST Act. The Court declined to examine the alleged denial of cross-examination, holding that the petitioners could raise all factual and legal grounds before the appellate authority. The ruling applies the ordinary rule that writ jurisdiction will not be exercised to bypass an available alternate statutory remedy, leaving the adjudication to be tested in appeal rather than in writ proceedings.
AI TextQuick Glance (AI)Headnote
Anticipatory bail in customs investigation granted where documentary evidence and prior cooperation made custodial interrogation unnecessary.
In a Customs investigation alleging misdeclaration and smuggling of areca nuts, anticipatory bail was granted because the matter was largely documentary, the applicant had already cooperated with the investigating agency, deposited his passport, and there was no shown breach of earlier bail conditions or criminal antecedent. The court held that further custodial interrogation was not necessary, as the relevant records could be obtained from the department and the applicant's presence could be secured through suitable conditions. Pre-arrest bail was therefore allowed with safeguards for continued cooperation during investigation.
AI TextQuick Glance (AI)Headnote
Suppression-based Central Excise penalty remains valid where the case is consistently treated as evasion by suppression, despite notice wording
In suppression-based penalty cases under the Central Excise Act, a show-cause notice is not invalid merely because it refers to a different limb, where the record throughout shows the matter was treated as suppression of facts with intent to evade duty; the penalty proceedings remain valid. The concessional regime under the proviso to Section 11AC(1)(a) applies only to cases falling within that clause and requiring timely payment of duty and interest, so it is unavailable where the case is treated as falling under clause (c) on the basis of audit-detected suppression, and later payment of interest does not attract the benefit.
AI TextQuick Glance (AI)Headnote
Supplementary school coaching is not an educational institution service and is taxable as commercial training under GST.
Supplementary academic coaching for school students of Standards 5 to 12 does not qualify as a service supplied by an educational institution under Entry 66 of Notification No. 12/2017-Central Tax (Rate). The exemption applies only where the provider itself falls within the statutory definition of an educational institution, namely one providing pre-school, education up to higher secondary level, education forming part of a recognised curriculum, or approved vocational education. Because the activity was found to be extra tuition and coaching beyond regular school education, it falls outside that definition and is classifiable under Heading 9992 as commercial training and coaching services under Notification No. 11/2017-Central Tax (Rate), taxable at the prescribed GST rate.

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