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
Provisional release of seized imported camouflaged goods subject to bond and 30% bank guarantee, release on compliance within two weeks
Article addresses provisional release of seized imported goods camouflaged with TPU laminated fabric, alleged misuse of Authorized Economic Operator status, and disputes over classification, transaction value and sampling/testing methodology. It notes deficiencies in investigation, absence of Textile Committee testing, and contested valuation per square metre versus market realizable value. The proposed operative measure recommended is provisional release subject to a bond for the full value of the goods and a bank guarantee covering 30% of the estimated duty, with other release conditions maintained and release directed within two weeks upon compliance.
AI TextQuick Glance (AI)Headnote
Re-imported drugs meant for destruction may still attract customs duty, and duty liability must be re-examined under the re-importation scheme.
Re-imported drugs intended only for destruction were not automatically exempt from customs duty merely because domestic use was barred. Section 20 of the Customs Act treats re-imported goods as liable to duty and subject to the same conditions and restrictions as like imported goods, and the exemption framework for export-oriented goods and defective exports was held inapplicable on these facts. The record showed rejection by the foreign buyer and permission for destruction by the drug authority, but the decisive issue was whether duty had been paid or validly waived at clearance. The duty liability question was therefore required to be re-examined under the statutory scheme governing re-importation.
AI TextQuick Glance (AI)Headnote
Natural justice in customs adjudication requires supply of relied-upon documents before deciding origin-based duty concession claims.
Non-supply of relied-upon documents and pending verification of the Certificate of Origin justified remand for de novo adjudication. The dispute concerned eligibility of imported gold jewellery from Thailand for concessional duty and the validity of the origin claim. Because the appellant had not been furnished materials cited in the adjudication and the reference outcome from the Thai authority was still relevant, the matter could not be finally decided on the existing record. The Tribunal treated the defect as curable and directed fresh consideration after supply of the documents and receipt of the verification outcome, leaving the merits of duty demand and penalties open.
AI TextQuick Glance (AI)Headnote
Contracts for booking speakers held not to constitute "event management" service for tax purposes; appeal allowed
Whether contracts for booking speakers amounted to "event management service" under Section 65(105)(zu) of the Finance Act (pre-1.7.2012): SC held that taxability depends on whether the service falls within the statutory definitions of "event management" and "event manager" (Sections 65(40), 65(41)). The Court rejected revenue's reliance on principal-agent character or the centrality of speakers, applied the rule of strict construction of fiscal statutes, relied on a contemporaneous circular and the common-parlance test to construe "event management" as planning/organizing an event (not mere speaker booking). The booking contracts therefore do not constitute event management service, and the appeal is allowed.
AI TextQuick Glance (AI)Headnote
Works contract classification for road construction services upheld, defeating service tax demand, interest, and penalty.
Blasting, quarrying, loading and transportation activities used in road construction were treated as works contract service because the work involved execution of a contract with transfer of property in goods, and the dominant intention test was held inapplicable once the statutory ingredients of a works contract were satisfied. The earlier view on similar facts was followed, and the relevant exemption position was also accepted because the service value fell within the applicable threshold. On that basis, the demand for service tax, interest and penalty could not be sustained and was set aside.
AI TextQuick Glance (AI)Headnote
Exempt waste and refund admissibility in refined rice bran oil manufacture, with unjust enrichment not proved
Fatty acids, gums and waxes arising incidentally during refined rice bran oil manufacture were treated as waste under settled precedent and were therefore exempt from duty; on that basis, duty paid on them could be refunded. The contrary view based on commercial identity and value was displaced by the Larger Bench ruling in the assessees' own case, as affirmed by the Supreme Court. The refund was also not barred by unjust enrichment because the assessees supported their claim with a chartered accountant's certificate and invoices, and the department produced no contrary evidence to show that duty had been passed on. The refund relief was thus sustained.
AI TextQuick Glance (AI)Headnote
Mandatory notice under section 143(2) invalidates reassessment when an earlier return is adopted for section 148 proceedings.
Reassessment proceedings require a valid notice under section 143(2) where an assessee's original return is treated, on the assessee's unrebutted request, as the return filed in response to a notice under section 148. The requirement applies after the return is adopted for reassessment under section 147. Failure to issue the notice invalidates the reassessment, rendering the assessment non est and liable to be quashed.
AI TextQuick Glance (AI)Headnote
Long-term capital gains documentation defeats unexplained cash credit additions unsupported by assessee-specific evidence and failed verification.
Long-term capital gains from listed-share sales were not treated as unexplained cash credit after the taxpayer established allotment, banking, demat, broker and stock-exchange sale records, including securities transaction tax. A general investigation report, without evidence linking the taxpayer to manipulation or accommodation entries or enquiries disproving those records, did not support the addition. Acceptance of identical transactions in other years and deletion of a comparable same-scrip addition supported judicial consistency. The unexplained cash-credit addition and consequential unexplained-expenditure addition were deleted.
AI TextQuick Glance (AI)Headnote
Debit freezing of uninvolved account holders requires evidence of complicity and cannot bypass statutory attachment safeguards.
Section 106 of the Bharatiya Nagarik Suraksha Sanhita, 2023 permits seizure for evidentiary purposes, while attachment or freezing to secure alleged proceeds of crime falls under Section 107 and requires a competent Magistrate's order and prescribed safeguards. Debit-freezing accounts of persons who are neither accused nor suspected, without material establishing complicity or recorded and communicated reasons, is arbitrary. Such blanket or disproportionate restrictions may impair the constitutional rights to livelihood and to carry on trade or business. The affected accounts were required to be defreezed, subject to lawful action based on positive and specific material under the prescribed procedure.
AI TextQuick Glance (AI)Headnote
Mechanical reassessment approval defeats reopening where prior scrutiny and pre-existing survey material are ignored entirely.
Section 151 requires meaningful statutory sanction based on independent application of mind to the recorded reasons and relevant material. Reassessment jurisdiction is invalid where the approval process omits the prior scrutiny assessment and records satisfaction without addressing the underlying material. Survey material that existed before the original assessment under Section 143(3) cannot constitute fresh material for reopening. Mechanical approval and reliance on pre-existing material therefore invalidate the assumption of jurisdiction under Sections 147 and 148, resulting in the reassessment order being quashed.
AI TextQuick Glance (AI)Headnote
Operational GST Appellate Tribunal restores statutory appeal route, leading to disposal of writ petition without examining challenged orders.
Constitution of the GST Appellate Tribunal, appointment of its Members, and notification of procedural rules made the statutory appellate mechanism operational. As the writ petition had been entertained only because the Tribunal was previously unavailable, the petition was disposed of with permission to pursue the statutory appeal before the GST Appellate Tribunal. The validity and legality of the impugned orders were not examined.
AI TextQuick Glance (AI)Headnote
Commission expenditure backed by banking payments and TDS cannot be disallowed on mere non-production of recipients.
Commission expenditure cannot be disallowed merely because recipients were not personally produced, where payments were made through banking channels and TDS was deducted. The Tribunal noted that the Assessing Officer did not use section 131 summons powers to secure attendance, and held that non-disclosure by the recipients by itself did not render the assessee's claim bogus. It found the disallowance rested mainly on conjecture and human probability rather than cogent evidence, so the commission expense was allowed. Interest under sections 234A and 234B was treated as consequential and did not call for separate substantive relief.
AI TextQuick Glance (AI)Headnote
Language-translation services remain independent services, not business support or transaction processing, and fall outside the relevant service-tax category.
Language-translation services do not fall within Business Support Services merely because they are supplied to organisational clients. The residual expression "other transaction processing" in section 65(104c) of the Finance Act, 1994 must be interpreted in the context of the specifically listed business-support activities. Translating documents between languages is an independent service, rather than outsourced business support or transaction processing. Consequently, such services are not liable to service tax under the Business Support Services category.
AI TextQuick Glance (AI)Headnote
Job-work scrap duty rests with the retaining job worker, not the principal manufacturer supplying processing materials.
Excise duty on waste and scrap generated during job work rests with the job worker where the job worker manufactures, retains and sells the scrap. The Cenvat and Central Excise framework does not require the principal manufacturer to receive such scrap back or pay duty merely because it arose from materials supplied for processing. Accordingly, duty liability for scrap retained at the job worker's premises cannot be imposed on the principal manufacturer.
AI TextQuick Glance (AI)Headnote
Third-party diary entries require independent corroboration before supporting undisclosed income additions for alleged land transaction receipts.
Uncorroborated entries in a diary seized from a third party cannot, by themselves, sustain an addition for undisclosed income where no independent evidence links the assessee to the alleged land transactions or receipts. No relevant documents were found during the assessee's search, the assessee denied ownership or dealings in the plots, and neither the person from whom the diary was seized nor the alleged purchaser admitted that the entries related to the assessee. As the addition rested on presumption without corroborative material, it was unsustainable and deleted.
AI TextQuick Glance (AI)Headnote
GST input tax credit fraud allegations: regular bail granted considering statutory compounding, custody period, and parity with a co-accused.
Regular bail in alleged fraudulent availment and utilisation of input tax credit was considered within the comprehensive offence framework of the Central Goods and Services Tax Act, 2017. Where the alleged amount exceeded the prescribed threshold, Section 132 provided a maximum imprisonment term of five years. Statutory compounding, the applicant's custody since 1 July 2025, and bail granted to a co-accused supported release. Regular bail was granted subject to furnishing the stipulated bond and sureties and complying with prescribed conditions.
AI TextQuick Glance (AI)Headnote
CSR donations disallowed as business expenditure may still qualify for separate section 80G deduction, preventing double disallowance.
Corporate social responsibility expenditure disallowed as business expenditure under section 37(1) may nevertheless qualify for deduction under section 80G when the statutory conditions are met. Section 80G operates separately at the total-income computation stage under Chapter VIA, and a statutory obligation to incur CSR expenditure does not negate the voluntary character of a donation where the donor receives no reciprocal benefit. Denying section 80G relief solely because the payment formed part of CSR expenditure would create a double disallowance. The deduction is available subject to computation in accordance with law.
AI TextQuick Glance (AI)Headnote
Security cheques can attract Section 138 liability when loan repayment has fallen due and the debt remains unpaid.
Cheques issued in a loan transaction are not excluded from Section 138 of the Negotiable Instruments Act merely because they are described as security. The decisive test is whether, on the date of presentation, an existing and legally recoverable liability had arisen. Here, the loan had been advanced, the repayment period had expired, and the cheques were dishonoured for insufficiency of funds; the unrebutted evidence showed the liability remained unpaid. The Court held that dishonour of such cheques attracted criminal liability under Section 138, set aside the acquittal, and restored the conviction and sentence.
AI TextQuick Glance (AI)Headnote
Self service principle bars service tax on earlier residential construction; cenvat credit must be re determined and remitted.
Construction of residential complexes that amounts to self provision by the builder/promoter is not subject to service tax for the period before the statutory expansion of taxable scope with effect from 01.07.2010; applying the self service principle and relevant Board guidance, no service tax liability was sustained for the disputed months. Consequentially, cenvat credit availed and used to discharge that liability requires re determination under the Cenvat Credit Rules, 2004; the exact quantum and method of reversal or adjustment is remitted to the original authority for fresh computation and disposal.
AI TextQuick Glance (AI)Headnote
Low tax effect principle: appeal disposed without deciding maintainability, leaving substantive issue open for a company in liquidation.
The Supreme Court limited disposition to the fiscal impact, applying the low tax effect principle to dismiss the Revenue's appeal without resolving the substantive maintainability question; the Court accepted the appellant's submission that the appeal could be decided on narrow tax-effect grounds and noted the respondent company is under liquidation, and therefore left open the legal issue of the proper forum for appeal and the maintainability objection while disposing the matter solely on the low tax effect basis.

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