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 ❯
    Unexplained money under section 69A fails where books and bank records explain deposits; interest income requires fresh verification.
    New tax regime option under Form 10-IE cannot be ignored at processing stage when already on record.
    Reassessment notice to a deceased assessee is void ab initio; section 159, section 292B and section 292BB cannot cure invalid initiation.
    Tax deduction evidence and claimed deductions justified one more opportunity for fresh assessment consideration
    Bogus purchase additions limited to profit element where sales are accepted and purchase evidence is substantiated.
    Section 68 unexplained cash credit additions fail where identity, banking genuineness, and prima facie creditworthiness are evidenced.
    Business turnover already taxed cannot be re-taxed as unexplained cash; partial demonetisation deposits sustained at normal rate.
    Penalty for disclosed stock difference under MAT provisions was deleted because the income was not concealed.
    Provisional release of seized drone parts cannot be denied on assumed CKD/SKD character or a circular-based embargo.
    Customs classification and mandatory penalty: expert test report upheld, and section 114A penalty extended to the second Bill of Entry.
    Transaction value under customs law cannot be rejected without a legally sustainable basis to doubt its accuracy.
    Customs penalty requires proof of conscious involvement and direct nexus with the offending export transaction.
    Foreign judgment enforceability fails where summary disposal overlooks triable issues and regulatory permission is needed for enforcement.
    Composite works contracts and limitation in service tax disputes: separate agency charges, invoice verification, and no extended period without suppre...
    Contingent bonus payments under a share sale can be treated as taxable marketing service consideration when linked to turnover and business performanc...
    Section 9D compliance and suppression test determine admissibility of statements and extended limitation in excise adjudication.
    Input tax credit reversal set aside where the notice ignored the dealer's claim and any fresh notice was time-barred.
    Strict proof of CST exemption failed where records showed local hire-purchase sales and inconsistent invoicing, sustaining tax and penalty.
    Appellate tax jurisdiction extends to banking deduction claims omitted from returns where supporting facts are already on record.
    Seat mechanism components integral to vehicle seats fall under seat-parts classification, while binding precedent prevents contrary classification.
❮
❯
❯❯
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
Unexplained money under section 69A fails where books and bank records explain deposits; interest income requires fresh verification.
Fixed deposits recorded in the books and supported by bank statements and ledger accounts could not be added as unexplained money under section 69A merely because of earlier non-compliance, since primary documentary evidence shifted the burden to the Revenue to rebut the explanation with cogent material. The addition was therefore deleted. Interest income, however, was not fully reconciled on the existing record, as the books and Form 26AS showed only a partial verification of the amount. That issue required fresh factual examination by the Assessing Officer and was remanded for verification.
AI TextQuick Glance (AI)Headnote
New tax regime option under Form 10-IE cannot be ignored at processing stage when already on record.
The option to opt for the new tax regime through Form 10-IE was treated as directory rather than mandatory where the form was available with the processing authority at the time of intimation under Section 143(1). The assessee's belated filing within the processing record could not be ignored, and rectification under Section 154 was not to be refused solely on that basis. The intimation processed under the old tax regime was therefore incorrect, and the return was directed to be amended by giving effect to Form 10-IE and applying the new tax regime. The issue was decided in favour of the assessee, with the alternative ground rendered infructuous.
AI TextQuick Glance (AI)Headnote
Reassessment notice to a deceased assessee is void ab initio; section 159, section 292B and section 292BB cannot cure invalid initiation.
A reassessment notice issued under section 148 in the name of a deceased assessee is void ab initio when it is served after death, because proceedings then commence against a non-existent person and lack valid jurisdictional initiation. Section 159 applies only where proceedings were already initiated or pending during the assessee's lifetime and can continue against legal representatives; it does not save a notice first issued after death. Section 292B cannot cure this foundational defect, and section 292BB cannot validate proceedings that never validly commenced. The notice and consequential reassessment were held invalid and quashed, and the Revenue's challenge failed.
AI TextQuick Glance (AI)Headnote
Tax deduction evidence and claimed deductions justified one more opportunity for fresh assessment consideration
Where Form 16 and Form 26AS reflected tax deduction and advance tax payments, the absence of an earlier claim was not treated as conclusive against the assessee. The assessee was entitled to one further opportunity to substantiate the claimed salary exemption, employment tax, savings interest, section 80C deduction and house property loss from employer records. The ex parte assessment was therefore remitted to the Assessing Officer for fresh, de novo adjudication.
AI TextQuick Glance (AI)Headnote
Bogus purchase additions limited to profit element where sales are accepted and purchase evidence is substantiated.
Where sales are accepted and purchases are supported by invoices, goods received notes, bank payments, stock records and supplier ledgers, the entire purchase value cannot be treated as bogus expenditure under section 69C. On that footing, the tax adjustment is limited to the profit element embedded in the disputed purchases, especially where the assessment rests mainly on third-party information and lacks independent enquiry or effective rebuttal of the assessee's evidence. The order therefore sustained addition only to the extent of 15% of the alleged purchases and deleted the balance disallowance.
AI TextQuick Glance (AI)Headnote
Section 68 unexplained cash credit additions fail where identity, banking genuineness, and prima facie creditworthiness are evidenced.
Under section 68, unsecured loan credits cannot be treated as unexplained cash credits where the assessee furnishes primary evidence of the lenders' identity, the genuineness of the banking transactions, and prima facie creditworthiness. Here, confirmations, income returns, bank statements, ledger accounts, assessment material in the creditors' cases, and evidence of account payee routing and substantial repayment supported the loans. In the absence of any cash trail, incriminating material, or cogent evidence linking the credits to the assessee's own unaccounted income, suspicion based only on the creditors' balance-sheet position and borrowings was insufficient. The consequential interest disallowance also failed.
AI TextQuick Glance (AI)Headnote
Business turnover already taxed cannot be re-taxed as unexplained cash; partial demonetisation deposits sustained at normal rate.
Cash deposits made during demonetisation were partly held to be business turnover already returned under the presumptive scheme, so that component could not be taxed again as unexplained money under section 69A. The remaining cash, for which withdrawal-and-redeposit evidence was not fully satisfactory, was sustained only to that limited extent. The tribunal also held that the restricted addition did not warrant special rate taxation under section 115BBE because it was linked to business activity and not to unexplained income in full. The assessee therefore obtained partial relief, with the balance taxable at the normal rate.
AI TextQuick Glance (AI)Headnote
Penalty for disclosed stock difference under MAT provisions was deleted because the income was not concealed.
Penalty under section 271(1)(c) was held unsustainable where the stock difference had already been disclosed in the return of income and the dispute arose only from its exclusion from book profit under section 115JB for MAT purposes. On these facts, the amount could not be treated as concealment of income or furnishing of inaccurate particulars, because the issue concerned tax treatment rather than non-disclosure. The penalty was therefore rightly deleted and the penalty order was set aside in favour of the assessee.
AI TextQuick Glance (AI)Headnote
Provisional release of seized drone parts cannot be denied on assumed CKD/SKD character or a circular-based embargo.
Provisional release of seized drone components could not be refused on an assumed CKD/SKD character where the record did not clearly establish that the multiple consignments, sourced from different entities, constituted complete prohibited drones. The evidence also indicated domestic procurement of some components, weakening the case for treating the goods as ready-to-assemble complete units. National security was not accepted, on these facts, as a standalone basis to deny release. A CBIC circular could not override the statutory power under Section 110A of the Customs Act, 1962, and the circular-based embargo was not controlling. The refusal of provisional release was set aside and provisional release ordered on bond conditions.
AI TextQuick Glance (AI)Headnote
Customs classification and mandatory penalty: expert test report upheld, and section 114A penalty extended to the second Bill of Entry.
In a customs classification dispute, polyester knitted fabric was reclassified as polyester cut pile fabric on the basis of the Textile Committee report and supporting material in the importer's own records. The challenge based on denial of re-testing and natural justice failed because there was no contrary test report and no enforceable right to insist on testing in the manner preferred by the importer; the reclassification and differential duty were upheld. On penalty, section 114A required mandatory penalty to correspond with the duty confirmed for each relevant Bill of Entry, so omission to impose penalty for the second Bill of Entry was corrected in favour of the Revenue.
AI TextQuick Glance (AI)Headnote
Transaction value under customs law cannot be rejected without a legally sustainable basis to doubt its accuracy.
Transaction value of imported goods cannot be rejected unless customs has a legally sustainable basis to doubt its truth or accuracy. A test report describing the goods as PVC coated fabrics did not establish mis-declaration, the absence of the manufacturer's invoice was not enough to displace the declared value, and alert circulars with NIDB data did not, on these facts, justify re-determination. The alternative valuation method also had to follow the prescribed contemporaneous-imports scheme, and selective reliance on representative values was inconsistent with that method. The rejection of transaction value, related duty demand, confiscation, redemption fine and penalty were therefore unsustainable.
AI TextQuick Glance (AI)Headnote
Customs penalty requires proof of conscious involvement and direct nexus with the offending export transaction.
Penalties under Sections 114(iii) and 114AA of the Customs Act, 1962 were held unsustainable where the department failed to prove the appellant's conscious involvement in overvalued export transactions. The record showed that the appellant was neither the exporter nor the Customs Broker for the consignments, and mere sharing of contact details or documents did not establish knowledge, participation, or a proven nexus with the offending exports. In the absence of cogent evidence of direct linkage, the penal liability could not be fastened, and the penalty order was set aside.
AI TextQuick Glance (AI)Headnote
Foreign judgment enforceability fails where summary disposal overlooks triable issues and regulatory permission is needed for enforcement.
A foreign judgment is enforceable in India only if it is conclusive under Section 13 CPC, including that it is on the merits and consistent with natural justice. Here, the English court's summary judgment was entered after refusal of leave to defend despite contemporaneous documents indicating triable issues, so the decree did not satisfy the statutory test of conclusiveness and could not be enforced. The RBI/FERA condition did not create an absolute bar to proceedings, but enforcement of the decree required regulatory permission before payment or enforcement steps could proceed.
AI TextQuick Glance (AI)Headnote
Composite works contracts and limitation in service tax disputes: separate agency charges, invoice verification, and no extended period without suppression.
Composite contracts involving supply of materials, labour and integrated construction work were treated as works contracts and not taxed by vivisecting them into commercial or industrial construction service or erection, commissioning or installation service. For Rajendra Agricultural University, the taxable base was held to require re-quantification and to be confined to the separately agreed 8.5% agency charge, not the entire project cost. Extended limitation was not invocable absent wilful suppression or intent to evade, particularly where the assessee was a public sector undertaking and the dispute was largely classificatory or quantificatory. The CENVAT credit dispute was remanded for verification of invoices and supporting records within the normal period.
AI TextQuick Glance (AI)Headnote
Contingent bonus payments under a share sale can be treated as taxable marketing service consideration when linked to turnover and business performance.
Additional contingent bonus payments under a share purchase arrangement were treated according to their real character: because they were separately stipulated, linked to future turnover and managerial continuance, and payable over and above the share price to the individual sellers, they were regarded as consideration for marketing services and made liable to service tax under Reverse Charge Mechanism. Non-disclosure of the liability, discovered only through investigation, was treated as suppression with intent to evade tax, so the extended period of limitation was upheld. The penalty structure was nevertheless modified because the commission-related demand had been paid with interest before the show cause notice, resulting in reduction of one penalty and setting aside of another.
AI TextQuick Glance (AI)Headnote
Section 9D compliance and suppression test determine admissibility of statements and extended limitation in excise adjudication.
Statements recorded during excise investigation cannot be relied upon to prove their contents in adjudication unless the mandatory procedure under Section 9D of the Central Excise Act is followed, including examination of the maker as a witness and a judicial decision on admissibility. On that basis, statements of employees and a director could not sustain denial of CENVAT credit. The extended limitation period under Section 11A(4) was also unavailable because the relevant facts were already reflected in balance sheets and ER-1 returns, and the department did not establish actionable suppression. As a result, the demand for credit, interest and penalties was set aside.
AI TextQuick Glance (AI)Headnote
Input tax credit reversal set aside where the notice ignored the dealer's claim and any fresh notice was time-barred.
The reversal of input tax credit and penalty under the Tamil Nadu Value Added Tax Act could not be sustained where the show cause notice proceeded on an incorrect premise and failed to examine the dealer's specific claim that the credit was adjusted only against VAT on the sale of old windmills, not against exempt electricity sales. Because the assessment and appellate orders did not address that distinction, the defect in the notice was treated as fundamental. Any fresh correction would have required a new notice, which was held to be time-barred under Section 27. Interference was therefore warranted in favour of the assessee.
AI TextQuick Glance (AI)Headnote
Strict proof of CST exemption failed where records showed local hire-purchase sales and inconsistent invoicing, sustaining tax and penalty.
Exemption under the Central Sales Tax Act depends on strict proof that the transaction satisfies the statutory conditions for a transit sale or high-seas sale; where the assessee's own invoices, bills of lading, import documents and hire-purchase records showed that goods were first received and then transferred under local hire-purchase arrangements, the exemption failed and the turnover was taxable as first sales under the Tamil Nadu General Sales Tax Act. Inconsistent invoicing for the same goods and unsupported exemption claims also justified the finding of suppression and an incorrect return, so the penalty was sustained. The court left the concurrent findings on tax liability and penalty undisturbed.
AI TextQuick Glance (AI)Headnote
Appellate tax jurisdiction extends to banking deduction claims omitted from returns where supporting facts are already on record.
Appellate tax jurisdiction permits legal claims arising from facts already on record even if omitted from returns; restrictions on fresh claims before the assessing authority do not curtail appellate powers. Banking deductions remain governed by statutory requirements, not regulatory labels or administrative instructions, while unchanged facts and law support consistent treatment. Actuarially ascertained pension and non-encashable leave obligations qualify as business expenditure, whereas leave encashment requires qualifying actual payment. Bad-debt write-offs and provisions for bad and doubtful debts operate separately, subject to verification and safeguards against double deduction; recoveries are taxable only where corresponding write-off deductions were previously allowed. Uncertain interest on non-performing assets is not taxable merely on notional accrual. Foreign-branch profits remain includible in India with treaty relief, and guarantee commission is taxable on receipt where refundability is unproved.
AI TextQuick Glance (AI)Headnote
Seat mechanism components integral to vehicle seats fall under seat-parts classification, while binding precedent prevents contrary classification.
Seat mechanism components supplied to car seat manufacturers, including track assemblies, vertical adjusters, brake sub-assemblies and seat track locks, are classifiable as parts of seats under CTI 9401 90 00 where they enable seat movement, adjustment or locking and form integral parts of the seat assembly. Classification as motor vehicle parts or accessories under CTI 8708 99 00 is not sustainable merely because the completed seats are fitted in motor vehicles. An adjudicating authority must follow an earlier binding decision on identical goods unless a superior forum sets it aside; it cannot depart from that precedent by relying on materially different rulings or advance rulings.

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