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
Limitation in insolvency proceedings: personal guarantor liability cannot be extended as continuing guarantee without contractual basis.
Proceedings under Section 95 of the Insolvency and Bankruptcy Code were held time-barred because the date of default was fixed as 01.08.2012, while the insolvency demand notice was issued only in 2020; limitation under Article 137 of the Limitation Act, read with Section 238A of the Code, therefore expired before initiation. The attempt to treat the personal guarantor's obligation as a continuing guarantee failed because the loan was a single term-loan facility and the contract did not show a series of recurring transactions or any express continuing liability. The order admitting the guarantor into the insolvency resolution process was set aside and the appeal was allowed.
AI TextQuick Glance (AI)Headnote
TDS refund claims in liquidation must first be decided by Income Tax Authorities, not insolvency fora.
Questions relating to refund of TDS deducted on interest from fixed deposits during liquidation, and any claim to income-tax exemption, must be determined by the Income Tax Authorities in the first instance. The insolvency fora cannot pre-empt that statutory process by directing refund on an anticipatory challenge. The impugned order merely required the Liquidator to place account details before the tax authorities so they could process the request, and no final tax decision or enforceable refund direction had yet been issued. The appeal was therefore treated as premature and not maintainable at that stage.
AI TextQuick Glance (AI)Headnote
Promoter restructuring proposals cannot replace a compliant resolution plan; liquidation follows when IBC approval requirements are not met.
A promoter's restructuring proposal cannot be treated as a resolution plan unless it satisfies the Insolvency and Bankruptcy Code's mandatory approval framework, including the requirements for a compliant plan under section 30(2). The proposal, at best, could be considered in the context of withdrawal under section 12A, not as a substitute for a resolution plan submitted through the insolvency process. As no compliant and approved resolution plan was placed before the authority, liquidation under section 33(1)(b) was justified and the challenge to the liquidation direction failed.
AI TextQuick Glance (AI)Headnote
Insolvency petition in the name of a non-existent amalgamated company is not maintainable.
A Section 9 insolvency application filed in the name of a company that had ceased to exist after amalgamation was not maintainable. Once the approved scheme of arrangement under Section 232(3) of the Companies Act, 2013 vested the transferor company's assets, liabilities, rights and obligations in the resultant company, the transferor lost independent juristic existence. A proceeding instituted in the name of a non-existent entity could not be sustained, and later proceedings did not cure the defect in the name of the applicant. The dismissal of the insolvency application was therefore upheld.
AI TextQuick Glance (AI)Headnote
Technical know-how taxation and reverse charge credit use: pre-01.07.2012 Cenvat credit discharge was permitted, with penalties partly sustained.
Technical know-how or confidential information received from a foreign entity was treated as taxable under Intellectual Property Rights Service only where the underlying right was recognised and enforceable under Indian law; undisclosed information not protected under Indian law was outside the entry, though the demand was sustained on the facts stated. For the period before 01.07.2012, reverse charge service tax could be discharged by utilising available Cenvat credit, as the restriction on such utilisation was prospective, and the credit payment was directed to be adjusted against the demand. Relief under Section 80 was denied because the conditions for statutory relief were not met, and penalties under Sections 76, 77 and 78 were upheld, while the connected penalty relating to credit utilisation for the material period was set aside.
AI TextQuick Glance (AI)Headnote
Programme production service remains taxable despite copyright assignment where production obligations are separately undertaken for consideration.
An assignment agreement that also imposed an express obligation to produce programmes on behalf of a broadcaster, under its direction and for per-episode consideration, was treated as involving a separable taxable production service. The assignment of exclusive copyright did not extinguish the distinct element of programme production, and later introduction of copyright service did not affect liability arising from that production activity. Non-disclosure of the relevant receipts in returns, coupled with payment of service tax only from 01.04.2008 without any material change in the arrangement, was treated as deliberate suppression, justifying the extended period and penalty.
AI TextQuick Glance (AI)Headnote
TCS on compounding fees from illegal mineral transporters not sustained; High Court view left undisturbed by Supreme Court.
Compounding fee or fine collected from illegal miners and transporters under the MMDR Act was held not to be chargeable as tax collected at source under section 206C(1C) of the Income-tax Act merely by relying on the definition in section 2(47). The High Court found the ITAT's demand, along with interest and penalty for non-compliance with section 206C(1C), unsustainable and set aside that order. The Supreme Court did not interfere with the High Court's judgment and dismissed the special leave petition.
AI TextQuick Glance (AI)Headnote
Company law jurisdiction can protect an alleged deceased depositor's asset despite pending probate and unresolved heirship.
The NCLAT considered whether the company law tribunal could examine a claim for refund and preservation of an alleged deposit even while probate proceedings remained pending. It treated the dispute over the existence, amount, maturity and continued retention of the deposit as falling within company law jurisdiction, while succession to the deceased's estate remained for the probate court. It also noted that a person with a bona fide interest in the deceased depositor's assets could seek protective relief before final determination of heirship. The pending succession dispute did not bar consideration of the application, and the matter was remitted for decision on merits.
AI TextQuick Glance (AI)Headnote
Reimbursable expenses in clearing and forwarding services were excluded from service tax value before the 14.05.2015 amendment.
For clearing and forwarding services, reimbursable expenses paid by the principal were not includable in the taxable value for the pre-14.05.2015 period. Rule 5(1) of the Service Tax (Determination of Value) Rules, 2006, read with Section 67 of the Finance Act, 1994, could not validly bring actual reimbursement into the tax base because the rule had been declared ultra vires. On the admitted facts, the amounts were reimbursement of actual expenses and not separate consideration for the service, so the service tax demand based on those reimbursements could not survive before the statutory amendment.
AI TextQuick Glance (AI)Headnote
Strict construction of exemption notifications bars concessional treatment unless every condition is satisfied by the assessee.
The exemption or abatement claim under Notification No. 30/2012-ST for manpower supply failed because the service recipients were Government hospitals and charitable organisations, while the relevant reverse charge entry applied only where the recipient was a business entity registered as a body corporate. The notification was held to require strict compliance, and the appellant bore the burden of proving that every condition was met. The alternative classification plea was also rejected because it had not been raised at the original stage and could not be introduced later through additional documents. The demand, interest and penalty were sustained.
AI TextQuick Glance (AI)Headnote
Mere sale of advertising space is not Advertising Agency Service; extended limitation fails absent wilful suppression.
Mere display of company names on panels below traffic signal timer devices, without any design, conceptualisation or creative input, was held not to constitute Advertising Agency Service under the Finance Act, 1994, because the activity amounted only to provision of display space rather than making or preparing advertisements. The demand on merits was therefore unsustainable. On limitation, the extended period could not be invoked for the entire disputed period since the law was ambiguous during the relevant years and the activity was disclosed in the business arrangement; the demand was partly time-barred. The impugned order was set aside and consequential relief followed.
AI TextQuick Glance (AI)Headnote
Extended limitation in service tax demands requires proof of deliberate suppression; absent that, the notice is time-barred.
Extended limitation under service tax law applies only where the Revenue proves fraud, collusion, wilful misstatement, suppression of facts or other deliberate evasion; absent such material, the normal limitation period governs and the demand is time-barred. On the facts, no positive act of suppression or intent to evade was shown, and the notice was issued beyond even the extended period calculated from the relevant date for an unregistered assessee who filed no return. As the demand failed on limitation, the proposed classification as real estate agent service was not examined further, and the consequential interest and penalty could not stand because the foundational demand itself was unsustainable.
AI TextQuick Glance (AI)Headnote
Transaction value for job-worked goods must be accepted under Rule 10A(i) absent transaction-specific evidence
Where job-worked finished goods are sold by the principal manufacturer to the job worker at the time of removal, and the buyer is unrelated with price as the sole consideration, Rule 10A(i) governs valuation and the declared transaction value must be accepted. The department cannot reject that value and resort to Rule 11 without transaction-specific evidence. A uniform profit loading, including a 41.48% margin, was unsupported where no comparable transactions were identified and the CAS-4 cost data supported the declared price. The valuation rework was therefore unjustified and the consequential duty demand could not stand.
AI TextQuick Glance (AI)Headnote
Adjudication limits under GST prevent tax and penalty confirmations exceeding the show-cause notice demand amounts.
Section 75(7) of the Uttar Pradesh GST Act confines an adjudication order to the tax and penalty amounts proposed in the show-cause notice. Confirmation of tax demands or equal penalties exceeding those specified in the notice travels beyond the scope of adjudication and constitutes a jurisdictional error apparent from the record. Orders imposing higher liabilities than the notified proposals are therefore jurisdictionally defective.
AI TextQuick Glance (AI)Headnote
Mediated land-acquisition settlements can replace prior compensation decrees, with compulsory-acquisition payments made without tax deduction at source.
Executed and authenticated mediation agreement resolving land-acquisition compensation claims was treated as a voluntary, comprehensive settlement under the Code of Civil Procedure framework for mediated compromise. Its terms on compensation, statutory benefits, interest, payment schedule, default, closure of pending claims and final discharge govern in substitution of earlier awards, judgments and decrees, with a decree drawn accordingly. Compensation for compulsory acquisition payable under the settlement is to be disbursed without tax deduction at source.
AI TextQuick Glance (AI)Headnote
Mandatory pre-decisional hearing under GST cannot be replaced by written reply; adverse assessment set aside and remitted.
Section 75(4) of the U.P. GST Act requires a personal hearing before an adverse assessment order is passed against a registered person. A notice calling for a written reply does not replace that statutory oral hearing, and the reminder notice showing "NA" for personal hearing indicated that none was fixed. Because the petitioner was denied the mandatory pre-decisional hearing, the assessment order was contrary to the prescribed procedure and could not stand. The order was set aside and the matter remitted for fresh adjudication after allowing a final reply and hearing.
AI TextQuick Glance (AI)Headnote
Third-party possession objections require adjudication before coercive recovery can displace a claimant from auctioned property.
Rule 43 of the Income-tax (Certificate Proceedings) Rules, 1962 requires adjudication of a good-faith possession objection by a person other than the defaulter before coercive execution. Discrepancies in the sale certificate's door number, measurements and boundaries, coupled with the claimant's assertion of independent ownership and exclusion from the secured assets, required determination of the objection on its merits. Treating the objection as not maintainable without adjudication could not support physical possession through an Advocate Commissioner. The Recovery Officer must decide the objection according to law before physical possession is taken.
AI TextQuick Glance (AI)Headnote
Auction notice disclosure duties require full property particulars; defective asset description led to refund of earnest money with interest.
A secured creditor must disclose the complete and correct description of immovable secured assets, including all material particulars affecting nature and value, in the auction notice under Rule 8(7) of the Security Interest (Enforcement) Rules, 2002. A notice describing factory land, building and machinery was found defective because the flour mill did not exist, no Khasra numbers were given, part of the machinery stood on unmortgaged land, and mortgaged and unmortgaged parcels were not demarcated; an 'as is where is' clause did not cure the defect. The auction purchaser was denied delivery of the entire property but was entitled to refund of earnest money with interest and costs.
AI TextQuick Glance (AI)Headnote
Penalty for foreign asset disclosure lapse is held unsustainable where omission was bona fide and income had already been taxed.
Penalty under Section 43 of the Black Money Act is discussed as not being automatic where foreign asset non-disclosure in Schedule FA is inadvertent and the related income has already been taxed. The foreign assets were ESOP shares received as employment compensation; tax was deducted at source on the perquisite value, and capital gains on sale were offered to tax. The omission was confined to the inaugural reporting year and arose in a fiduciary holding structure. Applying the principles that a mere technical or venial breach, without deliberate defiance or guilty intent, should not attract penalty, the lapse was treated as bona fide and technical, with no indication of concealment or tax evasion, and the penalty was deleted.
AI TextQuick Glance (AI)Headnote
Writ interference at the notice stage was declined in a Section 74 CGST dispute, with fair adjudication safeguards directed.
A writ court will ordinarily not interfere under Article 226 against a notice issued under Section 74 of the CGST Act where the dispute turns on fact-intensive questions such as the genuineness of suppliers, the movement and receipt of goods, and the evidentiary value of invoices, e-way bills and bank payments; the challenge at the notice stage was therefore not accepted. The adjudication was left to proceed, with direction that all relied upon documents be furnished and that the petitioner be given a reasonable opportunity of hearing, and the authority must act strictly in accordance with law.

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