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
Refund of CENVAT credit: remand ordered for verification of FIRCs and bank records before refund decision.
Eligibility for refund of unutilised CENVAT credit under Rule 5 is affirmed subject to documentary proof linking input services to exported output services and compliance with the temporal limitation under Section 11B; Rule 14 recovery procedure does not justify denying a Rule 5 refund. The amended refund scheme and departmental clarifications permit proportionate refund for input services and relax strict correlation, allowing indirect use to qualify. Procedural invoice or address defects are not fatal where corroborative evidence exists. The matter is remitted for limited verification of FIRCs/bank statements and related records and for giving the appellant opportunity to produce supporting documents.
AI TextQuick Glance (AI)Headnote
Real estate construction GST must follow concessional residential entries, with mandatory one-third land deduction for valuation.
Construction of residential houses in a real estate project commencing after 01-04-2019 was treated as a composite supply of service under Schedule II, and the amended real estate rate entries applied to the project. The applicant was therefore liable only under the concessional entries for residential apartments, at 1.5% for affordable units and 7.5% for other residential units, subject to the prescribed conditions; the claim for 18% GST only on the construction component was rejected. For valuation, the special notification required land to be deemed at one-third of the total amount charged, and that mandatory abatement could not be replaced by the actual land value shown in the sale deed.
AI TextQuick Glance (AI)Headnote
Sale and distribution of lottery tickets: service tax not leviable as distributor relationship is principal to principal, appeals allowed
Sale, marketing and distribution of lottery tickets do not attract service tax where the distributor's relationship with the State is principal to principal; there is no agency and no service rendered by the distributor to the State, so service tax is not leviable on those transactions. The reasoning rejects attempts to revise the Finance Act definition to create an agency relationship, applies the negative list exclusion for betting, gambling or lottery and treats the distributor transaction as a transaction in money or actionable claim. CESTAT Bangalore followed the Supreme Court ruling, set aside the impugned orders and allowed the appeals with consequential relief.
AI TextQuick Glance (AI)Headnote
Transfer pricing for captive bagasse supply upheld at assessed market price; business loss writeoff and TDS scope on harvesting clarified.
Adoption of CERC tariff for pricing captive bagasse sales was rejected because byproduct status, captive consumption, cost analysis and independent thirdparty quotations showed CERC rates distorted production cost; the tribunal accepted the assessee's Rs.1,500/ton as arm's length. Writeoff of loans/advances to a wholly owned subsidiary was held to be a business loss incurred for commercial expediency and allowable under business loss principles. Harvesting and transport payments were held not to attract contract TDS where they form part of sugarcane purchase cost, so no disallowance under withholding rules. Interest disallowance under payment verification requires AO-level factual reconciliation.
AI TextQuick Glance (AI)Headnote
Limitation for tax recovery and extension by notification: remand for fresh adjudication subject to 50% predeposit and bank attachment lifted
Limitation for issuance of recovery orders and effect of a notification extending the time limit are central; the HC treated the impugned order as ex parte due to failure to reply to the show cause notice and remitted the matter for fresh adjudication on merits, conditioned on a predeposit. The petitioner must deposit 50% of the disputed tax in cash or from the electronic cash ledger within 30 days; on such deposit and provided no other arrears exist, bank attachment will be lifted. Failure to comply permits the respondent to pursue recovery as if the petition were dismissed; respondent must give notice before further action.
AI TextQuick Glance (AI)Headnote
Money-laundering attachment upheld on reason to believe, burden of explanation, and equivalent value of proceeds of crime.
Under the money-laundering framework, attachment was sustained where material showed unexplained cash deposits, property acquisitions in family members' names, and no credible source of funds; the statutory threshold of reason to believe was therefore met, and the provisional attachment and confirmation were upheld. The enforcement authority was not required to independently re-investigate the predicate offence, as its role is confined to identifying prima facie proceeds of crime and related tracing issues. The noticees failed to discharge the burden of explaining the cash investments and asset acquisitions, and properties of equivalent value were held attachable even without direct tracing of the tainted asset.
AI TextQuick Glance (AI)Headnote
Unexplained cash deposits and book rejection leading to income additions and 40A(2) disallowance sustained.
When books of account are rejected and purchases, sales and stock are not proved, unexplained cash deposits may be treated as business income; the tribunal applied the doctrine of human probability to reject the assessee's claim that such deposits represented genuine cash sales and sustained the addition as unexplained income. Separately, payments to relatives were examined against fair market value and legitimate business needs; the tribunal found a portion excessive and confirmed a partial disallowance of Rs. 23,06,000 under related-party payment rules.
AI TextQuick Glance (AI)Headnote
Plain meaning of railway construction exemption extends to private sidings used for commercial infrastructure
A fiscal exemption for services used in railway construction was read according to its plain wording, which covered site formation, excavation, earthmoving, demolition and similar activities in the course of constructing railways. The text did not distinguish between Government railways and private railway sidings, and no express restriction limited the exemption to railways used for public carriage only. Applying strict construction without adding words, services rendered for construction of private or commercially used railway sidings were treated as part of railway infrastructure and within Notification No. 17/2005-S.T., so service tax was not payable.
AI TextQuick Glance (AI)Headnote
Deduction under section 10A Form 56F compliance: curable defect, substantial compliance leads to dismissal of Revenue appeal
Deduction under tax incentive was contested on the ground of a defective statutory form. The adjudicator found the defect in the initially submitted form to be curable and accepted that a properly signed alternative form was filed with no material difference that could cause prejudice to revenue, applying precedent on substantial compliance. Consequently the claim for the deduction was held compliant and the assessing authoritys disallowance was set aside, resulting in dismissal of the Revenues appeal and preservation of the deduction claim.
AI TextQuick Glance (AI)Headnote
Entitlement to interest on delayed tax refund under statutory scheme: interest awarded from due date at six percent.
Entitlement to interest on delayed tax refund under the statutory refund scheme was considered; court applied precedent and statutory mandate to hold that interest accrues from the date refunds become due, and must be computed until the date of actual payment, resulting in interest being calculated up to the refund date of 15 January 2025. The statutory 60-day presumptive refund period after return filing was applied to fix the commencement date of interest from 25 June 2009, at 6% per annum; the assessing authority was directed to compute interest on the refunded amount of Rs.2,87,538 and the petitions were allowed.
AI TextQuick Glance (AI)Headnote
Quashing criminal proceedings despite civil dispute is impermissible when the complaint discloses a prima facie cognizable offence.
Criminal proceedings cannot be quashed merely because the same dispute also involves civil proceedings; where the complaint, taken at face value, discloses allegations of dishonest inducement, fabrication, forgery, or wrongful use of documents, criminal prosecution may continue. At the Section 482 stage, the High Court must not conduct a mini-trial or decide disputed facts, credibility, complainant conduct, or delay in filing the complaint, as those matters belong to trial. The quashing order was therefore set aside and the criminal case directed to proceed.
AI TextQuick Glance (AI)Headnote
Travel abroad during PMLA proceedings may be allowed where no flight risk is shown and attendance is safeguarded.
Travel permission abroad may be granted during pendency of a PMLA complaint where the proceedings are already stayed, the accused has previously complied with return conditions, and no prima facie material shows a risk of absconding. The availability of virtual appearance and representation through counsel can support such permission. On these facts, travel to Canada for six months was allowed, subject to furnishing surety and a bank guarantee and complying with the court-imposed safeguards securing attendance and participation.
AI TextQuick Glance (AI)Headnote
Minimum Import Price for agricultural imports upheld despite non-compliance with laying requirement; notifications remain valid, Parliament to be informed.
Validity of imposing Minimum Import Price conditions on certain agricultural imports was assessed under the Foreign Trade (Development and Regulation) Act. The instrument imposing a Minimum Import Price was treated in substance as a restriction traceable to the executive power to prohibit or regulate imports, validating its legal basis and rejecting challenges based on nomenclature. The statutory requirement to lay delegated legislation before Parliament was characterised as directory rather than mandatory, so non-compliance did not invalidate the notifications; however, the Central Government must place existing notifications before each House and afford affected parties an opportunity to file objections, which must be considered on hearing.
AI TextQuick Glance (AI)Headnote
Limitation for issuance of notice and order under section 129(3) GST: delayed upload and no hearing lead to quashing of order
Challenge concerned issuance and validity of notices and an order under section 129 of the GST Act where Rule 142(5) requires uploading of FORM GST 07. The court found the order and MOV-7/MOV-9 notice were uploaded belatedly (uploaded a month after purported service) and no personal hearing was afforded, rendering the ex parte issuance procedurally infirm; accordingly the notice and order were quashed and set aside for failure of timely electronic service upload and absence of hearing.
AI TextQuick Glance (AI)Headnote
Service of GST notices via inaccessible portal tab led to denial of hearing and quashing of rectification rejection, matter remitted.
Challenge to electronic service of tax notices uploaded under an inaccessible portal tab raises that the taxpayer was deprived of audi alteram partem and hence the ex parte assessment order passed under Section 73 is vitiated; consequence: the impugned rectification rejection must be quashed. It is further emphasised that orders must record reasons showing application of mind, failure of which causes prejudice; consequence: the matter is remitted for fresh consideration. The authority is directed to reconsider the rectification application, examine portal records and supporting documents, and pass a reasoned order including any rectification permissible under Section 161.
AI TextQuick Glance (AI)Headnote
Transitional CENVAT credit and fresh show-cause allegations cannot be withdrawn or added retrospectively without clear authority and limitation compliance.
CENVAT credit under the transitional job-work regime was treated as admissible after omission of Rule 12B of the Central Excise Rules, 2002, because the withdrawal of the special procedure was read as not retrospectively taking away a facility already availed absent clear legislative intent; the assessee therefore succeeded on the credit issue. A later addendum to the show cause notice introducing a fresh allegation of fraudulent availment on the basis of fake invoices was held unsustainable, as it was a new ground requiring independent compliance with the limitation requirements for a demand notice under the Central Excise Act; the assessee also succeeded on this procedural issue.
AI TextQuick Glance (AI)Headnote
Capital-loss transactions in penny stocks found not proven as fictitious; department lacked direct substantial evidence, appeal dismissed
Whether capital-loss transactions in penny stocks were fictitious: HC examined whether the revenue produced direct, substantial evidence linking the assessee to a contrived scheme. The court held that the Department's case lacked direct substantial evidence and that the impugned findings were inferential and unsupported by the attending facts and circumstances; consequently no substantial question of law arose. Outcome: appeal dismissed.
AI TextQuick Glance (AI)Headnote
Section 263 revision set aside where no exempt income existed and borrowed-fund diversion was not established.
Revision under section 263 failed because the assessment order was neither erroneous nor prejudicial to the interests of revenue on the issues raised. Disallowance under section 14A could not be sustained where no exempt income was earned during the year. The proposed interest disallowance under section 36(1)(iii) also failed because the alleged advances were made in earlier years and the assessee had sufficient own interest-free funds, so diversion of current-year borrowed funds was not established. The revisional order was therefore quashed and the assessment restored to that extent in favour of the assessee.
AI TextQuick Glance (AI)Headnote
Valid service by affixation and moderated foreign exchange penalty where active participation was not established.
Service of show cause and hearing notices by affixation at the last known address is treated as valid where the addressee continues to control the premises and no real prejudice is shown from delayed receipt of the adjudication order. In foreign exchange contravention matters, repeated deposits in joint NRE accounts may establish breach of law, but penalty may be moderated where active participation is not proved and the person is only a joint account holder. The discussion also notes that separate penalties on banks for lack of due diligence can support reduction of the individual penalty.
AI TextQuick Glance (AI)Headnote
Electronic evidence and FEMA liability: seized digital records were accepted without Section 65B certificate, and penalties were reduced.
A seized pen drive may be relied on as primary electronic evidence without a Section 65B(4) certificate when its custody, contents and authenticity are otherwise established through seizure, contemporaneous opening, printouts and confirmation by persons linked to the transactions. The Tribunal also treated a payment arrangement in India to obtain foreign exchange abroad for meeting under-invoiced import liabilities as a financial transaction falling within Section 3(d) of FEMA, and found that the managing director and other directors could be fastened with liability on the facts. Penalty may still be reduced on appellate discretion where the contravention is maintained but the monetary sanction is considered excessive.

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