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
Explained cash deposits during demonetisation were accepted where withdrawals, disclosed income, and savings evidence supported the source.
Cash deposits made during the demonetisation period were held not to be unexplained under section 69A because the assessee substantiated the source with contemporaneous partnership-firm withdrawals, disclosed agricultural income, savings of wife and mother, and redeposits of cash withdrawn from bank accounts. The record also showed earlier cash withdrawals and past savings consistent with the deposits. The absence of proof of the proposed land purchase did not, by itself, negate the documented source of funds. On that material, the deposits were treated as explained and the addition was deleted.
AI TextQuick Glance (AI)Headnote
Reassessment and unexplained investment fail where reopening material is withheld and property payments are fully backed by banking records.
Reassessment cannot be sustained where the reopening is based on unverified investigation material that is not furnished to the assessee despite request, because such denial breaches natural justice and undermines the formation of a valid belief. An addition for unexplained investment under section 69B also fails where the purchase consideration is shown through account payee banking channels and is supported by ledger entries, receipts, confirmations, bank statements, and the seller's records. On the stated facts, the investment was treated as duly recorded and explained, and the addition was deleted.
AI TextQuick Glance (AI)Headnote
Reassessment beyond four years and accommodation-entry addition fail absent disclosure lapse or material evidence linking the assessee.
Reassessment initiated beyond four years was held unsustainable because the revenue failed to show any failure by the assessee to disclose fully and truly all material facts; the original assessment had already examined the loan transactions, and no material linked the seized documents to the assessee. The addition for alleged accommodation entry also failed because the record showed a loan advance to the concern with interest charged, while the assumption of cash payment and routed receipt was unsupported by seized papers or other evidence. On the facts, the receipt was treated as loan repayment, not unexplained income, and both the reopening and the addition were deleted.
AI TextQuick Glance (AI)Headnote
Reassessment limits prevent a new disallowance under section 80P when no addition is made on the recorded reopening reasons.
Reassessment based on cash deposits and time deposits could not be used to sustain a separate disallowance of deduction under section 80P when no addition was made on the recorded reasons for reopening. The assessment accepted the explanation for the deposits, so the original basis for reassessment did not survive. In that situation, an independent addition on an unrelated issue was impermissible. The disallowance of deduction under section 80P was therefore deleted in favour of the assessee, and the addition was set aside.
AI TextQuick Glance (AI)Headnote
Depreciable asset gains may remain long-term for rate purposes while computation follows written down value under section 50.
Section 50 applies a limited deeming fiction for depreciable assets and governs computation by reference to the written down value, but it does not change the asset's long-term character for rate purposes where the holding period is satisfied. On that basis, the gain on sale of the depreciable asset was treated as long-term capital gain, while the computation remained tied to the written down value rather than the original purchase cost. The claim for cost of improvement was rejected for want of documentary evidence, and prior depreciation barred revival of the original cost for indexation.
AI TextQuick Glance (AI)Headnote
Cash deposits explained by books and business records cannot be treated as unexplained income when the department fails to rebut them.
Cash deposits in bank accounts could not be assessed as unexplained income where the assessee supported the explanation with books of account, audit report, cash book, bank book, cash flow statement, sales register, tractor registration details and supplier ledger. The records showed that the deposits arose from cash generated through tractor sales and were applied for business purchases. The remand report did not discredit the deposits or identify defects in the documentary evidence, and no effective bank inquiry or further verification was undertaken by the department. On that basis, the addition under section 69A was held unsustainable and the deletion was upheld.
AI TextQuick Glance (AI)Headnote
Sufficient cause and section 263 revision: vague delay explanation failed, and lack of enquiry on cash deposits justified revision.
Delay in filing an appeal will not be condoned where the explanation is vague, unsupported by material, and discloses negligence or lack of bona fides rather than sufficient cause. On the facts noted, repeated non-compliance and inaction justified refusal to condone the 132-day delay. Revision under section 263 of the Income-tax Act is sustainable where the assessment order is passed without proper enquiry on a material issue; here, failure to verify the source of cash deposits and to reconcile the alleged cash consideration with the registered sale deed rendered the assessment erroneous and prejudicial to the interests of the Revenue. The revisionary order was therefore upheld.
AI TextQuick Glance (AI)Headnote
Stipend as scholarship: training-linked payments for course completion can qualify for exemption when substance, not label, controls.
Stipend received by a super speciality trainee was treated as exempt scholarship under section 10(16) because the payment was made during course enrolment, in a trainee capacity, and for an educational or training purpose. The distinction between stipend and scholarship was held to be one of terminology rather than substance where the receipt was intended to support completion of the course. In the absence of any contrary finding that altered the character of the payment, exemption could not be denied merely because the amount was described as stipend, and the disallowance was unsustainable.
AI TextQuick Glance (AI)Headnote
CENVAT credit on group medical insurance held admissible; extended limitation period denied for lack of suppression.
CENVAT credit of service tax paid on group medical insurance for members was admissible because Rule 3 of the CENVAT Credit Rules, 2004 permits credit on input services used for output services, and the exclusion in Rule 2(l) was wrongly applied where the arrangement related to members, not employees. The intermediary structure did not change the tax character of the transaction, and denial of credit was unsustainable. The extended period under Section 73(1) of the Finance Act, 1994 could not be invoked because the relevant facts were disclosed in ST-3 returns and known through audit, with no evidence of suppression or intent to evade. The demand was time-barred.
AI TextQuick Glance (AI)Headnote
Statutory limitation with restricted condonation window bars late appeals beyond the express period
Where a special statute prescribes a fixed appeal period with only a limited condonation window, the appellate authority cannot enlarge time beyond that express limit. The text states that under Section 85(3A) of the Finance Act, 1994, the Commissioner (Appeals) could condone delay only within the statutory period and no further, and the appeal was filed after that combined period. The limitation bar therefore operated, the dismissal of the appeal as time-barred was held correct, and the challenge failed.
AI TextQuick Glance (AI)Headnote
Actual receipt required for section 56(2)(x): contingent possession rights cannot trigger taxation of immovable property.
Section 56(2)(x) applies only on actual receipt of immovable property during the relevant previous year, not on a contingent future right to possession. Where a flat remained under construction and possession of the permanent alternate accommodation had not been handed over in the year, the stamp duty value could not be taxed on a notional or anticipatory basis. The deeming provision was therefore inapplicable for that year, and the addition based on it was deleted.
AI TextQuick Glance (AI)Headnote
Search assessment jurisdiction, corroboration, and jewellery relief shape Tribunal's ruling on additions and third-party documents.
In search-related assessments, the Tribunal applied the statutory distinction between section 153A for the searched person and section 153C where material belongs to or relates to another person, and upheld jurisdiction under section 153C. It sustained estimated commission income from alleged hawala or accommodation entries only at a reduced rate of 0.3% because no direct evidence of higher commission was found. Cash receipt, where the explanation remained unsupported by documentary proof, was confirmed as an addition. By contrast, the addition based on an alleged payment from Sinhagad Technical Education Society was deleted for lack of corroboration, unexplained jewellery was deleted applying CBDT Instruction No. 1916, and additions founded on third-party seized papers were deleted because the documents lacked independent corroboration.
AI TextQuick Glance (AI)Headnote
Uncorroborated search additions and duplicate taxation of income cannot stand without independent evidence or proper confrontation.
In search assessment commentary, additions based on WhatsApp chats, alleged cash dealings, and seized third-party material were found unsustainable where they were unsupported by corroborative evidence, lacked proper digital evidence compliance, and were not confronted to the assessee with cross-examination. The text also notes that professional income already disclosed in the spouse's return could not be taxed again in the assessee's hands absent material showing it was his undisclosed income. For agricultural income, the additions failed because the assessee produced land and crop records, while the Revenue relied only on presumption without cogent proof that the income belonged to the assessee.
AI TextQuick Glance (AI)Headnote
Overseas travel restrictions in bankruptcy remain valid where tribunal permission is available and trustee communications merely convey statutory requirements.
Overseas travel during subsisting bankruptcy proceedings is prohibited without permission of the Adjudicating Authority. Communications by a Bankruptcy Trustee to the passport authority, conveying that statutory restriction, operate as informational and consequential measures rather than passport impounding under the Passports Act. The Trustee may administer the bankruptcy estate and ensure compliance with insolvency requirements. The travel restriction does not violate personal liberty where it follows an operative, unstayed bankruptcy order and the bankrupt person may seek permission from the National Company Law Tribunal. A writ challenge cannot be used to bypass the statutory insolvency process.
AI TextQuick Glance (AI)Headnote
GST assessment remand from reply stage directs fresh adjudication, hearing, and reasoned order by a different competent officer.
The Karnataka HC set aside the impugned assessment and appellate orders and remanded the GST dispute for fresh adjudication under Section 73 of the Karnataka Goods and Services Tax Act, 2017. Reconsideration was directed from the stage of the taxpayer's reply to the show-cause notice, with liberty to file additional reply, documents and written submissions. The proper officer, other than the original authority, must afford a reasonable opportunity of hearing and pass a reasoned order in accordance with law. The matter was restored for de novo consideration in line with earlier coordinate bench decisions.
AI TextQuick Glance (AI)Headnote
ECIR registration under PMLA depends on independent satisfaction and reasons to believe, not merely a predicate offence.
The Prevention of Money Laundering Act, 2002 requires an authorised officer to form an independent prima facie satisfaction on the materials available and record reasons to believe before initiating action. Registration of a predicate offence or the mere allegation of scheduled offences does not by itself compel the Enforcement Directorate to register an ECIR. ECIR is only an internal document, and the decision whether to proceed under the Act remains within the agency's statutory discretion. A court therefore cannot direct ECIR registration solely on the existence of a predicate offence.
AI TextQuick Glance (AI)Headnote
Charitable registration renewal must rest on the statutory renewal test, not old search-year allegations or cancellation grounds.
In renewal proceedings under the amended charitable registration regime, the authority must confine itself to the statutory enquiry for renewal and cannot import cancellation grounds or rely on earlier search-year allegations. Territorial exemption jurisdiction was treated as distinct from assessment jurisdiction, so transfer of the assessment case did not by itself transfer the power to decide renewal applications. The Tribunal also held that old material, settlement proceedings, and unproven past violations could not be used to deny renewal where the charitable and educational activities were found genuine and supported by the assessment report. Renewal was therefore directed to be granted with the requisite certificate.
AI TextQuick Glance (AI)Headnote
GST portal service and natural justice concerns led to conditional remand after partial tax deposit.
Uploading notices on the GST portal was treated as valid service, but complaints of non-service and lack of actual knowledge led the Court to grant one further opportunity in the interest of natural justice. The assessment orders were set aside and the matters remanded for fresh assessment, subject to deposit of 20% of the disputed tax within the stipulated time. The writ period was directed to be excluded for limitation purposes, and all issues were left open before the Assessing Authority.
AI TextQuick Glance (AI)Headnote
Jurisdictional plea under arbitration law cannot be challenged immediately when rejected; review follows only after the final award.
An arbitral tribunal's rejection of a plea of lack of jurisdiction under Section 16(2) is not an interim award and cannot be challenged immediately under Section 34. Under Sections 16(5) and 16(6), the tribunal must continue the proceedings after rejecting the plea, and the aggrieved party may raise the challenge only after the final award. Section 37 permits a direct appeal only where the tribunal accepts the jurisdictional plea and terminates the proceedings. Treating such a rejection as an interim award would defeat the statutory scheme and make Section 37(2) redundant.
AI TextQuick Glance (AI)Headnote
Mandatory DIN defect in GST assessment can invalidate the order despite portal-based service and delay concerns.
An assessment order lacking a mandatory Document Identification Number was treated as suffering from a patent irregularity, rendering it liable to be set aside. Portal upload was considered relevant for service under the GST framework, but delay in approaching the Court did not bar relief where the impugned order itself was fundamentally defective. The order was therefore set aside and the matter remanded for fresh adjudication with an opportunity of hearing, subject to deposit of 20% of the disputed tax within the stipulated time.

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