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
Article 21 limits special statute bail bars when prolonged custody makes timely trial unrealistic
Special bail restrictions under the UAPA and NDPS Act are noted as yielding to Article 21 where custody becomes unduly prolonged and the trial is unlikely to finish within a reasonable time. The text treats K.A. Najeeb as binding and states that the rigour of Section 43D(5) of the UAPA can melt down in such circumstances, while the narrower reading in later two-Judge decisions is not controlling. It also records that prolonged custody, the large number of remaining witnesses, the absence of recovery, the police-statement-based nature of the material, and the absence of shown antecedents supported bail pending trial.
AI TextQuick Glance (AI)Headnote
Stop-payment cheque dishonour remains actionable when the drawer fails to rebut the presumption of legally enforceable debt.
Stop-payment dishonour may attract liability for cheque dishonour where cheque execution is admitted or proved and the statutory presumption of a legally enforceable debt arises. The drawer must rebut that presumption through a probable defence; stop-payment instructions alone do not negate liability. In an appeal against acquittal, interference is justified where findings reflect manifest illegality, material evidence is not considered, or settled legal principles are misapplied. Failure to apply the reverse-onus framework and properly assess the statutory presumptions justified setting aside the acquittal and remitting the complaint proceedings for reconsideration on the correct legal footing.
AI TextQuick Glance (AI)Headnote
Transfer pricing comparability and IT support services: trading businesses are not comparable to manufacturers, and consistent prior acceptance supported the service claim.
In transfer pricing analysis, a predominantly trading healthcare segment could not be compared with predominantly manufacturing companies where the functional, asset and risk profiles materially differed, so Poly Medicure Ltd. and Opto Circuits (I) Ltd. were rightly excluded as comparables. By contrast, IT support service payments were accepted because the same arrangement had been allowed in an earlier year on identical facts, only maintenance charges for existing infrastructure were paid, and the services were found to have been rendered; the arm's length value could not be treated as nil. The first appellate relief on both points was sustained.
AI TextQuick Glance (AI)Headnote
Cash deposits during demonetisation were accepted as explained by withdrawals, cash balance, and agricultural income.
Cash deposits made during the demonetisation period were held to be satisfactorily explained where the assessee supported the source with bank statements showing earlier withdrawals, opening cash balance, and agricultural receipts. The Tribunal also considered the assessee's medical condition and the surrounding material as consistent with the available cash resources. On that record, the deposits had a plausible sourced explanation, so the addition as unexplained money under section 69A of the Income-tax Act, 1961 was deleted.
AI TextQuick Glance (AI)Headnote
Section 68 and Section 14A additions fail where documentary evidence and business nexus are properly established.
Section 68 additions for share capital, share premium and unsecured loans were held unsustainable where the assessee produced confirmations, bank statements, income-tax records and audited accounts showing identity, genuineness and creditworthiness, and the receipts were routed through banking channels. The burden therefore shifted to the Revenue, and untested adverse material such as an inspector's report could not justify the additions. Business-linked interest expenditure and legal and professional charges were also treated as allowable because they related to financing and litigation arising from business operations. Further disallowance under section 14A, and the corresponding adjustment to book profit under section 115JB, was rejected for want of a demonstrated nexus with exempt income.
AI TextQuick Glance (AI)Headnote
Rule 46A evidence admission and reconciliation of Form 26AS mismatch limited ad hoc disallowance of commission.
Additional evidence under Rule 46A may be admitted where the assessee shows sufficient cause for non-production before the Assessing Officer and the material is remitted for rebuttal; on those facts, the admission was upheld. An ad hoc, percentage-based disallowance of commission expenditure is not sustainable without concrete material, and relief was confined to the unsupported portion only. A mismatch between Form 26AS and the books can be partly explained through reconciliation, invoices, debit notes, service tax, and incorrect TDS reporting by deductors; the explained addition was deleted and only the unsubstantiated balance was retained. The appellate relief in favour of the assessee was therefore sustained.
AI TextQuick Glance (AI)Headnote
Limitation for section 148 reassessment notice for assessment year 2015-16 rendered the reopening time-barred and quashed.
For assessment year 2015-16, a notice issued under section 148 on 31.07.2022 was treated as barred by limitation under the limitation regime read with the Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020, as applied in the line of decisions following the Revenue's concession in Rajeev Bansal. The Tribunal held that notices for that year issued on or after 01.04.2021 would not survive, so the reassessment notice was time-barred. The reassessment proceedings and the assessment order were therefore quashed in favour of the assessee.
AI TextQuick Glance (AI)Headnote
Bail in GST fraud case granted after prolonged custody, documentary evidence, and no real risk of tampering with trial evidence.
Bail was granted in a GST prosecution alleging fraudulent input tax credit because the Court found the evidence was largely documentary, the petitioner had already spent about four months in custody, and no real risk of tampering with evidence or non-cooperation in trial was shown. Applying settled bail principles, including the presumption of innocence and the right to speedy trial under Article 21, the Court held that prolonged custody would serve no useful purpose where the trial was unlikely to conclude soon, particularly in a case involving a limited maximum sentence.
AI TextQuick Glance (AI)Headnote
Customs exemption for imported parts sustained where record as a whole showed entitlement despite an annexure omission.
Imported parts were examined for eligibility under Serial No. 530A of Notification No. 50/2017-Customs, with the dispute centred on whether supporting records sufficiently linked the parts to finished goods covered by the exemption. An omission of the finished goods number from one annexure and one certificate was treated as an inadvertent lapse because the reply to the audit objection, forming part of the show cause response, mentioned the number and the related certificate was available on the appeal record. On that basis, the exemption was allowed and the differential duty and penalty under the Customs Act were set aside.
AI TextQuick Glance (AI)Headnote
Extended limitation fails where service tax demand rests only on third-party financial data without independent verification.
Service tax demand based solely on income-tax return data, profit and loss account and balance sheet was held unsustainable where the department made no independent enquiry to verify the discrepancy or establish suppression. As the show cause notice for the relevant year was issued beyond the normal limitation period, invocation of the extended period of limitation failed. The demand and the penalty under Section 78 of the Finance Act, 1994 were set aside.
AI TextQuick Glance (AI)Headnote
Commercial sense test excludes amusement rides from sport goods classification under the tax notification.
Amusement rides, swings and jhoola manufactured for amusement parks were held not to fall within Entry No. 32 treating goods as indoor or outdoor games or sports. Applying the popular or commercial sense of the notification, the court noted that such goods ordinarily involve fixed rules, skill, competition, or development of mental or physical faculties, whereas amusement equipment is meant for recreation and entertainment. The earlier precedent on amusement park apparatus was followed. The result was denial of the concessional rate of tax and application of the higher rate for unclassified goods.
AI TextQuick Glance (AI)Headnote
Section 138 complaint defects do not upset conviction absent prejudice; sentence may still be reduced on facts.
A complaint under Section 138 of the Negotiable Instruments Act was not vitiated merely because the power of attorney holder did not specifically plead direct personal knowledge, where the complainant testified, was cross-examined, and no prejudice or failure of justice was shown; the conviction was therefore upheld. The custodial sentence was, however, reduced from six months' simple imprisonment to imprisonment till the rising of the Court, while the compensation and default clause were maintained. The revision succeeded only to that limited extent, leaving the conviction intact.
AI TextQuick Glance (AI)Headnote
Section 130 GST proceedings require prior tax determination; stock discrepancy alone did not sustain confiscation notice and order.
Proceedings under Section 130 of the Uttar Pradesh GST Act could not be initiated merely on an alleged stock discrepancy and record-keeping breach without prior determination of tax liability under Sections 73 or 74. The Court found that proceedings based only on alleged Section 35 violations and stock discrepancy were not maintainable in the manner adopted by the department, so the show cause notice was without jurisdiction. The consequential confiscation order also could not survive and was quashed, with liberty left for refund proceedings and any fresh action in accordance with law.
AI TextQuick Glance (AI)Headnote
Borrowed satisfaction cannot sustain reopening, and primary evidence can defeat a section 68 addition when banking records support the transactions.
Reassessment under section 147 was held invalid where the reopening rested on Investigation Wing information and third-party statements without independent inquiry, without furnishing the underlying material to the assessee, and without a live link to escapement of income; the notice under section 148 and the reassessment order were quashed. The addition under section 68 for loans and advances was deleted because the assessee produced confirmations, bank statements, returns and financial statements, the transactions moved through banking channels, and the Revenue did not establish that the transactions were sham or disprove identity, creditworthiness and genuineness.
AI TextQuick Glance (AI)Headnote
Service of appeal notice by portal, email and registered post was permitted to ensure effective notice under the statute.
Service of notice of appeal may be effected through the portal and email, but where no effective response is received, the Tribunal may direct additional service by registered post or speed post under the governing statute. The practical effect is that multiple modes of service were permitted to ensure proper notice.
AI TextQuick Glance (AI)Headnote
Business expenditure for statutory general body meetings may include member-related hospitality where commercially connected to organisational needs.
Expenditure on gifts, boarding, lodging and related arrangements for a society's statutory general body meeting may qualify as business expenditure where it is incurred for the entity's business needs and member participation. Business expenditure is construed broadly and is not limited to costs directly connected with purchase or sale activities. The amount spent is not determinative if the expenditure is demonstrably linked to convening and conducting the meeting. Revenue authorities should not disallow such expenditure merely by substituting their assessment of commercial necessity for findings supported by the material.
AI TextQuick Glance (AI)Headnote
Section 43CA safe harbour applies against substituted DVO valuation, and no addition survives where variation stays within tolerance.
For section 43CA, where a Departmental Valuation Officer's valuation substitutes the stamp duty valuation, the safe harbour tolerance band must be tested against that substituted valuation. The Tribunal followed the Special Bench principle that the deeming fiction under section 43CA must operate to its logical end once DVO valuation replaces the stamp duty value. On the facts, the difference between the agreement price and the DVO valuation in each transaction remained within the prescribed margin, so no addition under section 43CA survived.
AI TextQuick Glance (AI)Headnote
Natural justice in tax recovery requires effective notice and hearing before coercive action, with interim bank account relief possible.
Where a show cause notice is not effectively served and the affected party cannot file a reply, principles of natural justice require that coercive tax recovery not be sustained without a fresh opportunity of hearing. The authority must permit a reply, reconsider the matter, and pass a reasoned order after hearing the affected party. Pending such reconsideration, operational relief may also be granted by directing de-freezing of the bank account, subject to a minimum balance condition. The ultimate liability and any recovery already made remain for fresh determination by the statutory authority.
AI TextQuick Glance (AI)Headnote
Regular bail in GST fraud prosecution granted where investigation was complete, custody was prolonged, and trial issues awaited determination.
Regular bail was granted in a prosecution under the CGST Act because the complaint had been filed, the investigation was complete, and the alleged fraudulent input tax credit issues were left for trial. The Court noted the petitioner had no criminal antecedents, had spent over a year in custody, and faced offences punishable with up to five years' imprisonment. As the trial was likely to take time and the material on record did not justify continued detention at the bail stage, the petitioner was held entitled to regular bail.
AI TextQuick Glance (AI)Headnote
Bail in GST fraud prosecution granted where custody was limited, evidence was documentary, and no flight risk was shown.
In a GST prosecution for alleged fraudulent input tax credit, bail was granted because the custody was limited to about four months, the evidence was mainly documentary, the petitioner had no criminal antecedents, and no concrete risk of absconding, tampering with evidence, or obstructing trial was shown. Applying the settled approach that bail is ordinarily the norm in economic offences, the Court emphasised personal liberty, the presumption of innocence, and the right to a speedy trial. The petitioner was therefore ordered to be released on personal bond and surety bonds, subject to conditions.

Case Laws

Back

All Case Laws

Showing Results for :
Reset Filters
No Records Found

Case Laws

1995 (9) TMI 94 - AT - Income Tax

Contents
Cases Cited
Referred In
Ref Provisions New
Summary
Note

Note

-

Bookmark

(New) -

Download

Print

Print

Validity of reassessment upheld based on loan transaction doubts; ITAT affirms CIT (A) decision.
The ITAT upheld the validity of the reassessment proceedings initiated by the Assessing Officer under section 147(b) based on information received from ... Summary

Topics

Acts Income Tax