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
Manual GSTR-3B filing for March 2021 quarter to claim omitted ITC allowed, without cancelling existing tax demand
Whether a registered person could be permitted to manually file GSTR-3B for the quarter ending March 2021 to claim omitted ITC due to an error was determined on the basis that such permission would not, by itself, annul or dilute the existing tax demand. The HC held that allowing manual filing merely enables consideration of the additional ITC claim through the statutory process, while the demand order dated 19.02.2025 would remain operative unless modified by the competent authority in accordance with law. The respondents were directed to accept the manual GSTR-3B filing without any automatic impact on the demand order, and the writ petition was disposed of accordingly.
AI TextQuick Glance (AI)Headnote
SEZ tax-holiday transition preserves unexpired deduction periods, while the statutory export definition limits qualifying SEZ sales.
Existing SEZ Units transitioning from Section 10A to Section 10AA retain only the unexpired portion of the ten-year deduction period. Section 10AA's own definition of export governs its computation, excluding EPCG, zone-to-zone and EOU sales. Late receipt of Form 3CL alone does not defeat an approved research-facility deduction where certification is verified. Section 14A and Rule 8D do not apply without exempt income, and surplus own funds support no interest disallowance for interest-free advances. Contributions due on a closed holiday and paid on the next working day are timely. Fresh evidence for bad debts and pre-clinical expenditure requires verification.
AI TextQuick Glance (AI)Headnote
Taxing provision limited to specified assessees: addition on flat valuation difference deleted where company was outside the section's scope.
Section 56(2)(vii)(b)(i) applies only to an individual or Hindu undivided family, not to a company. As the assessee was a company, the basic jurisdictional condition for invoking the provision was absent, so the addition based on the difference between documented value and market value of flats could not be sustained and was deleted.
AI TextQuick Glance (AI)Headnote
Belated Form 10B filing did not defeat section 11 exemption where audit was completed and substantive conditions were met.
Belated filing of Form 10B audit report, after processing of the return under section 143(1), did not by itself deny exemption under section 11 where the trust had completed audit before filing the return and the report was available before the appellate authority. The ITAT treated the filing lapse as procedural, found no mala fides, and applied the view that the audit-report requirement is directory when the substantive conditions for charitable exemption are otherwise satisfied. The appellate order granting relief was therefore upheld, and the Revenue's challenge failed.
AI TextQuick Glance (AI)Headnote
On-money addition for property purchase fails without direct corroborative evidence linking the payer to undisclosed cash payment.
An addition for alleged on-money payment towards property purchase could not be sustained where it was based only on third-party material, a statement not furnished for effective rebuttal, and a general admission by the developer. In the absence of direct or independently verified corroborative evidence linking the assessee to any undisclosed cash payment, the material was insufficient to establish unexplained investment. The addition was therefore deleted.
AI TextQuick Glance (AI)Headnote
Composite GST assessment orders for multiple tax periods are unsustainable; separate proceedings are required for each assessment year.
A single composite GST assessment order cannot cover more than one tax period, and the permissible unit of assessment depends on whether the annual return due date has been reached. Applying its prior Division Bench view, the HC held that a single show-cause notice or composite assessment order for multiple financial years is not sustainable under the GST framework. The impugned assessment and appellate orders were set aside, and the revenue was left free to initiate fresh proceedings separately for each assessment year.
AI TextQuick Glance (AI)Headnote
Transfer pricing and CSR-linked donations: overdue receivables need justified benchmarking, while section 80G deduction can still apply.
Delayed receivables from associated enterprises may be treated as a separate transfer pricing item only on a justified arm's-length basis, and an unsupported LIBOR plus 450 basis points benchmark was replaced with LIBOR plus 200 basis points. ESOP cost did not require substantive examination because the related transfer pricing adjustment had already fallen away, leaving that issue infructuous. Donations made to eligible charitable trusts did not lose deduction under section 80G merely because they formed part of CSR expenditure and had been disallowed in business income computation; the independent Chapter VI-A deduction remained available.
AI TextQuick Glance (AI)Headnote
Transfer pricing comparables must be functionally similar, and working capital differences may require adjustment in arm's length benchmarking.
Transfer pricing benchmarking requires functionally similar comparables with reliable comparability. Excel Infoways Ltd. was excluded because its functional profile and margin behaviour materially differed, while Jindal Intellicom Ltd. was included because it had been accepted in the assessee's earlier year and no change in function was shown for the year under review. Working capital differences that distort comparison must also be neutralised, so working capital adjustment was held allowable in determining the arm's length margin.
AI TextQuick Glance (AI)Headnote
Aggregated TNMM and Average LIBOR for receivables shaped transfer pricing treatment of associated enterprise transactions.
Business and management consultancy charges received from an associated enterprise were treated as closely linked to the assessee's core operations, so the arm's length analysis could be made on an aggregated TNMM basis rather than by separate transaction-wise benchmarking; the matter was remitted for examination of additional evidence and fresh transfer pricing review. Interest on outstanding receivables from associated enterprises was treated as an international transaction and was directed to be recomputed using Average LIBOR as the benchmark rate; that adjustment was therefore sustained in principle.
AI TextQuick Glance (AI)Headnote
Transfer Pricing comparability requires functional parity; certain comparables excluded while tested margin remains within arm's length range.
Transfer pricing comparability requires functional parity of functions, assets and risks; accordingly Eclerx Services Ltd., Infosys BPO Ltd. and Accentia Technologies Ltd. were excluded as non-comparables and inclusion of remaining comparables did not alter the tested margin which stayed within the arm's length range. Slump sale or change of ownership does not ipso facto disentitle an otherwise eligible undertaking from claiming the undertaking-specific section 10A deduction, following coordinate precedents and CBDT guidance, though one unit (Titanium) was remitted for fresh fact-based AO adjudication. Depreciation is a statutory allowance and section 40(a)(ia) disallowance in respect of software depreciation was treated as infructuous; a post-return claim for goodwill depreciation was remitted for AO verification in light of binding precedent.
AI TextQuick Glance (AI)Headnote
Revision under section 263 over assessment completed after prior approval for special assessment quashed; revisional power exceeded its scope
Challenge concerns whether a revisional order under section 263 can be sustained where the assessment had been completed after obtaining prior approval for action under special assessment provisions; the tribunal held that where the Assessing Officer completed assessment following prior approval, the Commissioners invocation of section 263 exceeded statutory scope and could not independently declare the assessment erroneous and prejudicial to revenue, resulting in quashing of the section 263 order and allowing the assessees appeal.
AI TextQuick Glance (AI)Headnote
Tariff classification of electrical racks under Heading 8537 brings concessional customs duty under the exemption entry.
Imported racks were classified as complete electrical assemblies under tariff item 8537 10 90 because, as imported, they functioned to distribute electricity and fit the heading for cabinets or bases equipped for electric control or distribution. Heading 8517 was excluded since the goods did not perform telecommunication or networking functions in their imported condition, and Heading 8504 was rejected because any UPS element was only ancillary and did not confer principal character. On that classification, the concessional basic customs duty under the relevant exemption entry for Heading 8537 applied, as the racks were not meant for use in motor vehicles, motor cars or motor cycles.
AI TextQuick Glance (AI)Headnote
Limitation for sales tax revision turns on service date and timely dispatch; non obstante clause controls and order is time-barred.
Limitation for revision under the Andhra Pradesh General Sales Tax Act was reckoned from service of the assessment order on the assessee. Because the record did not show that the revisional order was timely signed, dispatched, and communicated, an adverse inference was drawn that it had been ante-dated. Section 24-A, as a non obstante provision governing revisions and consequential assessments, prevailed over the broader limitation period relied on by the State. The revisional order and the Tribunal's order were therefore treated as barred by limitation and set aside.
AI TextQuick Glance (AI)Headnote
Jurisdiction to initiate proceedings under Sections 148A and 148 post Faceless Scheme; notices issued by JAO set aside.
Initiation of assessment proceedings under Sections 148A and 148 by the jurisdictional assessing officer after implementation of the faceless assessment scheme is found to be without jurisdiction; the notices and the procedures adopted are illegal and are set aside. Consequently, orders passed pursuant to those notices are quashed, while the revenue is left free to take further action within the limits indicated by the court. The decision relies on prior precedent holding similar post-scheme JAO actions unsustainable.
AI TextQuick Glance (AI)Headnote
Deemed withdrawal of GST assessment orders follows belated return filing and payment, aided by retrospective Section 62 relief.
Belated filing of GST returns with payment of tax, interest and late fee can result in assessment orders under Section 62 of the Andhra Pradesh GST Act being treated as deemed withdrawn. The text notes that where compliance fell within the extended period, withdrawal followed directly, and where delay exceeded the original time limit, the retrospective amendment to Section 62 and condonation of delay were treated as curing the default in the stated facts. The operative effect was withdrawal of the assessment orders, subject to verification that interest and late fee had been paid and any balance being cleared within the time granted.
AI TextQuick Glance (AI)Headnote
Exempt dividend investments and state subsidies: s.14A Rule 8D interest deleted, MAT tweaks rejected, losses carried forward allowed
Where exempt dividend income was earned, disallowance under s.14A r.w. Rule 8D(2)(ii) was held impermissible because the taxpayer demonstrated availability of sufficient own funds for investments; the interest component was deleted. Disallowance under Rule 8D(2)(iii) was held to require the AO's objective satisfaction, absent on record; recomputation as directed by CIT(A) was sustained. Sales tax and power subsidies could not be adjusted while computing book profit u/s 115JB in view of the limited scope of MAT scrutiny; the taxpayer's challenge failed. On characterisation, subsidies aimed at State industrial development were treated as capital receipts; Revenue's ground was dismissed. Additional depreciation u/s 32(1)(iia) was allowed in favour of the taxpayer. Provision for doubtful debts was treated as actual write-off, allowable u/s 36(1)(vii), and not addable u/s 115JB; Revenue's grounds failed. Long-term capital loss of an amalgamating entity was allowed to be carried forward pursuant to the HC-approved scheme; Revenue's appeal was dismissed.
AI TextQuick Glance (AI)Headnote
Composite GST assessment orders cannot cover multiple tax periods where separate proceedings are required for each assessment year.
Under GST law, a single show-cause notice or composite assessment order should not cover more than one tax period where separate assessment proceedings are required for each assessment year after the annual return due date. The composite order challenged on that basis was treated as unsustainable and set aside, with liberty to initiate fresh proceedings separately for each assessment year.
AI TextQuick Glance (AI)Headnote
Bogus purchase expenditure disallowance: AO used s.37(1) instead of s.69C/115BBE; revision u/s263 upheld, appeal dismissed
The dominant issue was whether revision under s.263 was justified where the AO, after finding purchase expenditure to be bogus, disallowed it under s.37(1) instead of invoking s.69C read with s.115BBE. The Tribunal held that s.37(1) concerns allowability based on commercial expediency, and no such controversy existed once the AO concluded that the goods were never received and the assessee failed to evidence receipt. Section 69C applies where expenditure is claimed but the assessee gives no satisfactory explanation of its source; those conditions were met, making the assessment order erroneous and prejudicial to the Revenue. The revisionary directions were upheld and the assessee's appeal was dismissed.
AI TextQuick Glance (AI)Headnote
Seized silver and cash lost in state custody after seizure; compensation ordered for negligent safeguarding, limited to 23.44 kg shortfall.
The dominant issue was whether a writ claim for compensation/return was maintainable where seized property was lost while in State custody. Holding that seizure was an exercise of sovereign power but loss occurred due to negligence after seizure, the HC applied constitutional tort principles, finding the negligent failure to safeguard seized silver/cash infringed the petitioner's Art. 19(1)(g) right to carry on business; compensation/restoration was therefore warranted, and relief was granted. On quantification, the HC refused to adjudicate alleged impurity of returned silver for lack of material, and limited relief to the undisputed shortfall between 105 kg seized and 81.567 kg returned, directing return of 23.44 kg pure silver valued at current rates with adjustment of the excess cash returned. Petition allowed.
AI TextQuick Glance (AI)Headnote
Search-triggered assessment for AY 2020-21 and cash seizure dispute: jurisdiction challenge fails; third-party cash additions deleted, own cash upheld.
The Tribunal held that the impugned assessment for AY 2020-21 was validly framed under s.153A r.w.s. 143(3) because, besides the search triggering the s.153A notice, a subsequent authorization brought the year within the six-year block; the assessee's objection to treatment as a "regular" s.143(3) assessment was rejected. It further held that a transfer of jurisdiction under s.127(2) could not be assailed before the Tribunal and, in any event, no material showed the order to be legally unsustainable; the challenge failed. Additions under s.69A r.w.s. 115BBE founded on material from a third party's premises were deleted, as such action required s.153C proceedings. However, cash found/seized at the assessee's premises was sustained by applying the s.292C presumption and lack of satisfactory explanation.

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