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
Extended limitation in customs law fails where the Department already knew the relevant facts and no suppression is shown.
A customs demand arising from temporary removal and re-import of goods from an SEZ unit was held time-barred because the show-cause notice was issued beyond the normal limitation period and rested only on extended limitation. Since the export, re-import and temporary removal were already within the Department's knowledge throughout the relevant period, there was no basis to allege suppression or other culpable conduct needed to sustain the extended period. The notice was therefore unsustainable, and the demand could not be upheld.
AI TextQuick Glance (AI)Headnote
Taxability of manufacturing waste: Dolochar from sponge iron is not an excisable manufactured good, so duty disallowed.
Dolochar produced during sponge iron manufacture does not qualify as a distinct manufactured excisable commodity because it is an unavoidable waste/by product that functions as fuel or char rather than a new product; accordingly the taxable event of manufacture and classification principles do not attract central excise levy on such material. Coordinate tribunal reasoning treating dolochar as fuel and not a separate excisable good is applied, and demands, interest and penalties based solely on treating dolochar as a manufactured excisable item cannot be sustained and are set aside with consequential reliefs.
AI TextQuick Glance (AI)Headnote
Non-fulfilment of EPCG export obligation upheld duty and interest payable; confiscation and penalties set aside.
Non-fulfilment of export obligation under the EPCG scheme without fraud or duty evasion permits recovery of differential customs duty and interest, but precludes confiscation, redemption fine and penalty once duty is paid and the importer exits the scheme. The Tribunal applied precedent distinguishing revenue recovery from punitive measures, upheld the demand for duty with interest recoverable under law, and set aside confiscation, redemption fine and penalty because non-fulfilment arose from circumstances beyond the importer's control and there was no fraudulent conduct impacting Customs revenue.
AI TextQuick Glance (AI)Headnote
Input tax credit claims require cogent proof of genuine purchases and goods movement; invoices and bank payments alone are insufficient.
A dealer claiming input tax credit under Section 70 of the Karnataka Value Added Tax Act must prove the genuineness of the purchase transaction and the actual movement of goods with cogent evidence. The Court noted that invoices, e-UPass details, banking payments and portal entries showing the selling dealer's status do not, by themselves, discharge that burden. Applying the governing proof standard, the Tribunal's assumption that the burden had shifted to the revenue could not stand in its original form, and the remand was modified so the assessing authority would complete the proceedings under the correct legal standard, with liberty to place additional material on record.
AI TextQuick Glance (AI)Headnote
Limitation under Section 153 governs final orders under Section 144C(13); late final assessments can be quashed as time barred.
Whether the limitation for passing a final assessment order under section 144C(13) is governed by the outer time-limit in section 153 was examined; the Tribunal accepted the view that section 144C's inbuilt timelines do not oust the outer limitation under section 153, treating the provisions as mutually inclusive. Applying that framework to the undisputed date-sheets, the Tribunal found each final assessment order was passed after the outer limitation date and therefore time-barred, resulting in quashing of those final orders in favour of the assessees.
AI TextQuick Glance (AI)Headnote
Unexplained income: company deposits cannot be taxed as a director's income without proof of ownership, so protective additions fall.
Treatment of company deposits as unexplained income focuses on whether the assessee can be shown to be the owner of sums received by a company; the legal principle applied requires positive attribution of ownership before company receipts can be assessed as the director's unexplained income, and absence of such proof defeats the addition. Protective assessments founded solely on a substantive addition lack independent basis once the substantive assessment is deleted; consequently, protective additions must also be set aside where they rest entirely on the deleted substantive finding.
AI TextQuick Glance (AI)Headnote
Compensatory damages for breach of contract deemed deductible as business expenditure when not criminal or prohibited by law.
Whether sums withheld by a government purchaser for late supply are penal or deductible business expenditure: ITAT applied the principle that only expenditure incurred for an offence or prohibited by law is excluded from deduction under the tax rule, and found the withholdings arose from contractual damages under tender terms rather than statutory or criminal penalties; the lower authorities relied on unsupported assertions of habitual default. Outcome: the additions were set aside and the amounts held deductible as compensatory business expenditure.
AI TextQuick Glance (AI)Headnote
Capital gains indexation and construction cost claims turn on effective transfer and documentary proof of property improvement.
For capital gains computation, the year of acquisition was held to follow the effective transfer reflected by payment of full consideration and delivery of possession, not merely the later date of registration; accordingly, the earlier financial year had to be used for indexation. The assessee was also allowed deduction of the cost of completion and related construction improvements because the registered deeds showed the property changed from semi-finished to fully constructed, and the claim could not be rejected solely for lack of old bills or vouchers where the construction was otherwise evident and similar treatment had been accepted for co-owners. Capital gains were therefore required to be recomputed on that basis.
AI TextQuick Glance (AI)Headnote
Provisional attachment under PMLA upheld where claimed income and asset sources were not properly documented or explained.
In proceedings concerning confirmation of provisional attachment under PMLA, the Tribunal held that the appellants bore the burden under Section 24 to disprove the findings supporting attachment. Their reliance on alternative income figures, rental income, agricultural income, loan receipts, insurance proceeds, and salary data failed because they did not produce satisfactory documentary proof for the relevant years and transactions. The Tribunal found no supporting rent deeds, complete bank records, proof of agricultural receipts, or credible evidence of the alleged cash sources and family contributions. Alleged valuation inconsistencies between the FIR and the attachment order were not shown to affect the attachment, and unexplained cash deposits and acquisitions remained disproportionate to known lawful income. The challenge to the confirmed provisional attachment failed and the attachment was upheld.
AI TextQuick Glance (AI)Headnote
Burden to Prove Lawful Source under PMLA: failure to provide documentary proof upheld confirmation of provisional attachment.
Under the Prevention of Money Laundering framework the central legal issue was whether the claimant discharged the statutory burden to prove lawful source for two immovable properties; the Tribunal applied the principle that a person asserting legitimacy must provide satisfactory explanation and documentary evidence, and accepted transactional, valuation and loan analyses showing cash deposits routed through relatives and layering indicative of proceeds of crime. Because the appellant failed to produce bank statements or documentary proof of source or repayments, the Adjudicating Authority's confirmation of provisional attachment was upheld and the appeal dismissed.
AI TextQuick Glance (AI)Headnote
Cenvat credit on coal rejects stayed admissible where the inputs had already been used in the manufacturing stream.
Cenvat credit remained admissible on coal that was introduced into the feeder pipe and used in the manufacturing stream, even though part of it was later found to have low Gross Calorific Value and was segregated for coal bedding within the factory. The decisive point was that the inputs had already been put to use in or in relation to manufacture, so their subsequent rejection or diversion for ancillary internal use did not break the required nexus with manufacturing activity. Denial of credit on that basis was therefore unsustainable.
AI TextQuick Glance (AI)Headnote
Inter-unit stock transfer of capital goods without sale cannot trigger duty under Rule 3(5A) of the Cenvat Credit Rules
Duty could not be demanded under Rule 3(5A) of the Cenvat Credit Rules, 2004 on an inter-unit stock transfer of capital goods within the same legal entity, because the movement was not a sale and no transaction value existed. The transfer was supported by Form F and treated as a stock transfer between sister units rather than a trading transaction. In these circumstances, the proviso to Rule 3(5A), which depends on transaction value, was not available for invoking duty demand. The demand was therefore held unsustainable and consequential relief followed.
AI TextQuick Glance (AI)Headnote
Concurrent findings of fact upheld where no perversity shown; appellate interference requires specific perversity pleading.
Whether a substantial question of law arose was answered negatively: the tribunal's factual findings on seized goods, shifting of machinery, trial-run production, inadmissibility of computer printouts for statutory non-compliance, and statutory returns showing compliance were held supported by the record, and the revenue failed to produce independent cogent evidence of unaccounted procurement, manufacture or removal; therefore the findings are not perverse and do not warrant interference. The principle applied is that appellate interference with concurrent factual findings is permissible only where perversity is specifically pleaded and established.
AI TextQuick Glance (AI)Headnote
Revision under Section 263 requires recorded prima facie error and prejudice; remand without such findings is unsustainable.
Question whether a revisional order under Section 263 setting aside an assessment under Section 143(3) r.w.s. 144B is sustainable where the Assessing Officer issued repeated Section 142(1) notices and considered detailed submissions. Principle applied: Section 263 requires the Commissioner to record clear prima facie reasons that the assessment order is both erroneous and prejudicial to revenue; mere disagreement with an AO who applied his mind does not suffice. The authority cannot order a roving inquiry or remand without demonstrating specific errors and quantifying any excessive related party payments against fair market value. Outcome: the revisional order was set aside and the AO's assessment restored.
AI TextQuick Glance (AI)Headnote
Airport infrastructure deduction upheld for integrated fuel farm facility; hedge swap interest deduction also sustained under binding precedent.
Airport-linked fuel farm facilities can qualify as infrastructure facilities where they are integral and indispensable to airport operations and are developed under an authorised agreement with the airport entity; on that basis, deduction eligibility under the Income-tax Act was upheld and the objection that a direct government agreement was missing was rejected. Interest expenditure on hedge swap transactions was also allowed under the applicable interest deduction provision because the issue was covered by binding precedent. The court accordingly found no substantial question of law and affirmed the Tribunal's order in full.
AI TextQuick Glance (AI)Headnote
Cancellation of GST registration: High Court set aside dismissal and directed appellate authority to rehear appeal on merits.
Cancellation of GST registration for a security-services provider was challenged; Rule 23(1) requires furnishing returns and payment of tax, interest, penalty and late fee before seeking revocation. The court held that limitation's purpose is to protect statutory compliance and third party rights, but non-revocation of GST registration primarily prejudices the assessee and not third parties or revenue. A writ court has inherent power to condone delay; the high court set aside the appellate dismissal made on limitation grounds and directed the appellate authority to rehear the appeal on merits and pass fresh orders on revocation.
AI TextQuick Glance (AI)Headnote
GST tax evasion bail and deposit test under Section 132/138: deposit accepted but bail cancellation dismissed.
Section 132's threshold distinguishes non cognizable, bailable offences (tax evasion up to Rs.5 crore) from cognizable, non bailable offences (above Rs.5 crore); section 138 makes evasion up to Rs.5 crore compoundable while larger amounts are not. A deposit of Rs.5 crore against alleged evasion of Rs.9.39 crore does not change classification or render the offence compoundable, so the trial court's analogy was flawed. The respondent's offer to deposit 50% and actual deposit of Rs.5 crore with departmental consent, lack of prior misuse of bail, limited risk of witness interference, and comparative grants to co accused led the court to dismiss the bail cancellation application.
AI TextQuick Glance (AI)Headnote
Revised return condonation for income tax assessment refiled; authority directed to reconsider revised return under applicable law.
Petitioner sought to file a revised income tax return for assessment year 2018-19 to correct an apparent mis declaration of exempt dividend income; the authority had rejected a condonation application relying on an executive circular prescribing a five year outer window for entertaining revised returns. The court found factual support for a bona fide apparent mistake and that rectification efforts fell within the circular's temporal framework, set aside the order refusing condonation, and remitted the matter for reconsideration of the revised return in accordance with law, leaving substantive contentions open.
AI TextQuick Glance (AI)Headnote
Pre-existing dispute under Insolvency and Bankruptcy Code found; Section 9 petition should have been rejected and CIRP vacated
A pre-existing dispute under Sections 8 and 9 of the Insolvency and Bankruptcy Code was found where contemporaneous communications, debit notes and ledger entries pre-dated the Section 8 demand and supported a plausible, non feeble defence; therefore the reply to the demand notice constituted a valid notice of dispute. Applying the admission-stage test in Section 9(5)(ii)(d) - whether a prima facie plausible dispute exists requiring further investigation - the adjudicating authority should have rejected the Section 9 application, making the CIRP initiation and appointment of the IRP unsustainable.
AI TextQuick Glance (AI)Headnote
Corporate name similarity and trademark-like prominence found decisive; petition allowed and impugned registration refusal set aside.
The petition challenges a corporate name incorporating an identical, prominent trademark-like element. The court found the shared word to be the prominent and distinctive part of both names and held structural and phonetic identity established; dissimilarity of business activities was not a relevant factor when assessing name similarity under company law. Because a group already used the distinctive element in multiple registered companies before the impugned application, the petition succeeds and the impugned registration refusal order is set aside, restoring the applicant's entitlement in these facts.

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