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 limitation under Rule 5 runs from receipt of foreign exchange, while FIRC or BRC must link to invoices.
Under the post-amendment Rule 5 refund scheme for service providers, the one-year limitation runs from the actual date of receipt of convertible foreign exchange, not from the last day of the quarter. FIRC or BRC may support the refund claim, but only if the remittance is properly correlated with the relevant invoices and export of service. Documentary evidence must therefore establish a clear linkage between the foreign remittance and the specific refund claim, leaving factual verification to the sanctioning authority.
AI TextQuick Glance (AI)Headnote
Delayed payment charges: compensatory stock broking receipts escaped tax, while DEMAT delay charges were taxable as tolerance consideration.
Delayed payment charges in stock broking were treated as compensatory receipts linked to the broker's use of its own funds to settle client trades; they were viewed as relating to interest or the time value of money, not as consideration for tolerating an act, and the demand and penalty on that component were set aside. Delayed payment charges for DEMAT account services were treated as consideration for tolerating delay in payment, not as interest arising from an advance, loan or deposit, so the negative list did not apply; the demand was upheld, extended limitation was invoked, and equal penalty under section 78 was sustained to that extent.
AI TextQuick Glance (AI)Headnote
Technology transfer under a defence arrangement was not scientific or technical consultancy, so reverse charge service tax failed.
Transfer of technology and technical support under an inter-governmental defence arrangement was held not to constitute scientific or technical consultancy because the provider did not itself answer the statutory description of a scientist, technocrat, or science or technology institution or organisation. Mere licence transfer, technical documentation, assistance for setting up facilities, and training were insufficient for reverse charge service tax. The demand on that category therefore failed, and the related penalty could not survive. Penalty relief for the separate management, maintenance and repair component was upheld, with that part of the demand left undisturbed.
AI TextQuick Glance (AI)Headnote
Independent service tax liability of sub-contractors upheld, with demand within time and taxable value to be recomputed on cum-tax basis.
A sub-contractor rendering a taxable service is independently liable to service tax even where the main contractor has already discharged tax, and the CENVAT scheme does not remove that liability. The demand was within the normal limitation period on the dates stated, so the limitation plea failed. Where the gross amount charged was inclusive of service tax, cum-tax benefit under Section 67(2) had to be applied, requiring recomputation of the taxable value and consequential reconsideration of interest and penalty. The service tax liability was therefore upheld, but the matter required fresh quantification on a cum-tax basis.
AI TextQuick Glance (AI)Headnote
Double duty demand barred on captively used transferred factory goods where no clandestine removal or revenue loss was shown.
Transferred factory goods captively consumed in the manufacture of dutiable final products could not be subjected to a second duty demand where the record showed no clandestine removal, suppression of facts, or revenue loss. The sale of the unit as a going concern and the purchaser's later excise registration supported the transfer transaction, and the alleged false sale arrangement was rejected. Although commencing activity before amendment of registration amounted to a procedural lapse attracting the cited rules and notification, that lapse did not justify the disputed duty demand. The confirmed demand was set aside, while the limited penalties for procedural contravention remained undisturbed.
AI TextQuick Glance (AI)Headnote
Ultra vires demand fails, but procedural penalties survive for delayed returns and deliberate misdeclaration under Central Excise rules.
A demand of duty and equal penalty based on Rule 8(3A) of the Central Excise Rules, 2002 could not survive once that rule had been declared ultra vires, though interest for delayed payment remained unaffected. Penalty under Rule 27 was sustained because the ER-1 returns were filed after the due dates, and the general penalty provision applied to the admitted procedural default. Penalty under Rule 26 was also sustained against the authorised signatory, as the record showed conscious misdeclaration of duty-payment particulars and deliberate concealment of the non-payment. The stated principle is that an unenforceable statutory foundation cannot support a demand or consequential penalty, but separate penalties for proven compliance defaults or misstatement remain valid.
AI TextQuick Glance (AI)Headnote
Bail pending trial where custody was prolonged and investigation had substantially progressed through filing of charge sheets.
Prolonged custody of an accused, combined with completion of investigation through filing of the charge sheet and supplementary charge sheet, justified release on bail pending trial. The Court treated the continued detention as unnecessary in those circumstances and granted bail on terms and conditions to be fixed by the trial court, while expressly declining to express any opinion on the merits of the prosecution case.
AI TextQuick Glance (AI)Headnote
Prolonged pre-trial incarceration can justify regular bail when trial delay leaves substantial prosecution evidence unrecorded.
Prolonged pre-trial incarceration can justify regular bail even where allegations are serious, if the trial remains incomplete and prosecution evidence is progressing slowly. The Court noted that the accused had remained in custody for more than five years and nine months, while only 27 of 51 prosecution witnesses had been examined. Applying the principle that an accused should not be detained indefinitely before conviction, it held that continued custody in the face of substantial trial delay warranted release on regular bail.
AI TextQuick Glance (AI)Headnote
Article 226 restraint in CGST prosecutions: writ court will not short-circuit a pending criminal trial on disputed facts.
A writ court will not quash a CGST-based criminal prosecution under Article 226 where the complaint discloses disputed factual issues that require evidence at trial. The High Court held that it cannot conduct a fact-finding exercise or displace the criminal court's role when triable issues remain pending. Jurisdictional objections and challenges based on departmental instructions or circulars may still be raised before the trial court. A cited decision on revenue action under the CGST framework was found inapplicable because it did not involve a pending criminal prosecution. The writ petition was therefore not entertained and the prosecution was left to proceed.
AI TextQuick Glance (AI)Headnote
Royalty TDS on software licences and distribution agreements follows Engineering Analysis; no issue survives.
Royalty-related TDS under section 195 was considered in the context of income deemed to accrue in India under section 9(1)(vi), DTAA interpretation, end-user licence and distribution agreements, and the distinction between copyright and a copyrighted article, including the doctrine of first sale or exhaustion, the retrospective impact of Explanation 4 to section 9(1)(vi), and proportionality under section 195(2). The matter was treated as covered by the Supreme Court's ruling in Engineering Analysis Centre of Excellence Private Limited, and no further issue survived; the special leave petition was dismissed.
AI TextQuick Glance (AI)Headnote
Income component theory limits bogus purchase disallowance to the profit element, and the restriction was left undisturbed.
Bogus purchase additions were confined to the profit element embedded in alleged accommodation entries, applying the income component theory. The High Court's restriction of disallowance to 6% was not interfered with, and the Revenue's challenge failed. The Supreme Court declined to exercise Article 136 jurisdiction and dismissed the special leave petition, leaving the lower court's approach undisturbed.
AI TextQuick Glance (AI)Headnote
Section 54B exemption allowed despite no capital gains account deposit where agricultural land sale proceeds were timely reinvested.
Section 54B exemption was available where the sale consideration from agricultural land was actually invested in purchase of new agricultural land within the prescribed period. The Tribunal treated timely utilisation of the capital gain for acquiring the new asset as sufficient compliance, and held that failure to deposit the unutilised amount in the capital gains account scheme before the return-filing due date was not, by itself, fatal. On that basis, the disallowance by the Assessing Officer was deleted and relief to the assessee was sustained.
AI TextQuick Glance (AI)Headnote
Transfer pricing benchmarks need proper comparability analysis; certified segmental results and RBI-approved borrowing terms cannot be displaced mechanically.
Certified segmental financial results used in transfer pricing documentation cannot be rejected mechanically or reallocated on a revenue basis unless a specific defect in the allocation method is shown; the matter was remitted for fresh consideration. External commercial borrowing interest benchmarked with RBI-approved terms could not be replaced ad hoc without a proper comparability analysis, and the receivables issue had to be recomputed consistently with earlier-year directions using the applicable arm's length rate. Brought-forward business losses linked to amalgamation required factual verification and allowance only if statutory conditions were met, in line with the existing direction to verify the record.
AI TextQuick Glance (AI)Headnote
Rule 11UA valuation governs shares acquired under section 56(2)(vii)(c); retrospective look-through method not permitted
For section 56(2)(vii)(c), the fair market value of shares had to be determined strictly under Rule 11UA as it stood for the relevant assessment years, so unquoted shares were valued on the prescribed book value basis. The later amendment allowing a look-through valuation of underlying shares and securities operated only from 01.04.2018 and could not be applied retrospectively to substitute the value of the shares actually acquired. The allegation of a colourable device did not displace the statutory valuation method. The addition was therefore unsustainable, the first appellate deletion was upheld, and the Revenue's appeals failed.
AI TextQuick Glance (AI)Headnote
Ex parte assessment remanded for fresh verification where evidence and explanations were not effectively examined.
Ex parte assessment and first appellate proceedings were completed without effective compliance by the assessee and without adequate evidentiary material or explanations on record, so the dispute required fresh factual verification. The record also indicated that additional material had been filed before the first appellate authority, but its consideration had to be tested against the rules governing additional evidence. Given the incomplete examination of the issues, the impugned order was set aside and the matter was remanded to the Assessing Officer for de novo assessment after verification of the evidence and explanations to be furnished by the assessee.
AI TextQuick Glance (AI)Headnote
DCF valuation cannot be rejected by hindsight; share premium addition under section 56(2)(viib) failed.
Where unquoted equity shares are valued under the Discounted Cash Flow method prescribed in Rule 11UA, the Assessing Officer cannot discard that valuation merely because later actual results differ from the projections. DCF valuation is inherently based on estimates and future assumptions, and its correctness cannot be tested by hindsight using subsequent figures. By substituting actual financials for projected figures and preferring Net Asset Value instead, the Assessing Officer departed from the prescribed method. The addition under section 56(2)(viib) was therefore held unsustainable.
AI TextQuick Glance (AI)Headnote
Section 56(2)(x) not applicable to pre-1 April 2017 property receipt; stamp duty value addition deleted.
Section 56(2)(x) did not apply to an immovable property transaction registered in July 2016 because the provision, inserted by the Finance Act, 2017 with effect from 1 April 2017, operates only for property received on or after that date. As a deeming fiction, its scope cannot be extended beyond the period expressly covered by the statute. The addition made for the difference between stamp duty value and purchase consideration was therefore deleted for Assessment Year 2017-18, and the remaining grounds became academic.
AI TextQuick Glance (AI)Headnote
TDS credit cannot be denied without mismatch or legal deficiency, and consequential interest under sections 234A and 234B falls away.
TDS credit cannot be denied where the tax has already been deducted at source and the revenue shows no mismatch, deficiency, or failure to offer the corresponding income. Here, the assessee's TDS credit claim was initially rejected in processing but later rectified under section 154, leaving no live dispute on the processing adjustment. The denial in the assessment order was treated as an inadvertent omission, and the credit was held allowable. Once the TDS credit was accepted, interest under sections 234A and 234B also could not survive and was directed to be deleted.
AI TextQuick Glance (AI)Headnote
Industrial subsidy refunds under an incentive policy are capital receipts when aimed at setting up and expanding new units, not taxable income.
Industrial incentive refunds under the Jammu & Kashmir policy, including refund of GST and excise duty for eligible units in notified areas, are characterised by the purpose of the subsidy rather than its receipt form. Where the incentive is designed to promote industrial setting up and expansion, it is treated as a capital receipt and not as trading income. The analysis applies the character-and-purpose test, rejects treatment as revenue receipt merely because the amount was disclosed in the return, and notes that such refund is not covered by section 2(24)(xviii) unless expressly brought within the charging provision.
AI TextQuick Glance (AI)Headnote
Penalty under section 270A fails when reassessment return is accepted without addition and the notice is vague.
Penalty under section 270A was held unsustainable where a return filed in response to section 148 was accepted without any addition and the Assessing Officer recorded no finding of under-reporting or misreporting. In the absence of any addition to the returned income, the factual basis for penalty proceedings was missing. The notice initiating penalty also failed to specify the exact limb of section 270A invoked, leaving the charge indeterminate. On these facts, penalty for under-reporting could not be maintained and was deleted.

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