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
Supply of dolomite without Form C prompts reassessment; court orders fresh decision after buyer produces Form C
Challenge concerns levy of 5% tax where seller could not produce Form C; purchaser had obligation to obtain and furnish Form C under law, but failed to do so leading to adverse assessment. The appellate process included dismissal for want of prosecution but remittal was precluded because the relevant tribunal no longer exists, which prevented referral back. The purchaser later furnished Form C and it was placed on record; consequently the lower assessment and first appellate orders were quashed and the matter was directed to be decided afresh by the designated authority after affording the seller a hearing.
AI TextQuick Glance (AI)Headnote
Broken period interest on purchase of securities as stock-in-trade upheld as deductible, SLP dismissed for unexplained delay.
Broken period interest paid on purchase of securities held as stock-in-trade is treated as an allowable business expenditure and deductible in computing taxable income; the Tribunals conclusion that the securities were purchased to be held as stock-in-trade therefore permits deduction. A delay of 959 days in filing the Special Leave Petition was not satisfactorily explained and the petition was not entertained, with the appellate forum declining to interfere with the High Courts order. The High Courts prior decision affirming the deductibility was applied by the Tribunal, yielding no change on merits.
AI TextQuick Glance (AI)Headnote
Reopening of assessment over deemed dividend from interest free loan held arbitrary; reassessment quashed, writ relief granted
Reopening of assessment raised whether an interest-free loan constituted a deemed dividend and whether extended limitation could be invoked for nondisclosure; the court found audited books and balance-sheet notes disclosed the primary fact of the loan, negating any failure to disclose material facts, and held the notice invoking extended limitation was without jurisdiction. The legality of reassessment on mere change of opinion was addressed by reference to precedent, with the conclusion that subjecting the taxpayer to a second reassessment on the same transaction was arbitrary and violated constitutional protections; consequently writ relief was allowed.
AI TextQuick Glance (AI)Headnote
Vicarious liability in benami prosecutions requires specific pleadings showing a partner was in charge of business, not mere status.
In prosecutions under the Prohibition of Benami Property Transactions Act, allegations of large post-demonetisation cash deposits, sharp turnover disparity, and fabricated sales materials were treated as sufficient to continue proceedings at the charge stage against the first and second accused, and the defence of genuineness could not be examined on merits. The Court also noted that non-identification of the beneficial owner did not warrant discharge where the statutory definition covers consideration allegedly provided by a fictitious or untraceable person. By contrast, a dormant partner could not be proceeded against without specific pleadings showing she was in charge of and responsible for the firm's business; in the absence of such averments and supporting material, proceedings against the third accused were set aside.
AI TextQuick Glance (AI)Headnote
Liability for improper importation and penalties for false declarations: importer includes beneficial owner and penalties assessed on goods' value upheld
The text addresses liability for improper importation and penalties where an IEC holder or other person acts as importer despite another being owner or beneficial owner, stating that the definition of importer encompasses actual importers, owners, beneficial owners and those holding out as importers, who therefore bear full consequences of importation. It explains that prohibited goods' value forms the basis for penalty under customs law and that false declarations in Bills of Entry constitute grounds for an additional penalty for knowingly making false declarations. The penalties discussed are framed as proportionate to the goods' value and justified on these legal bases.
AI TextQuick Glance (AI)Headnote
Oxygen concentrator classification as apparatus for therapeutic respiration affirmed, allowing exemption and setting aside restrictive order
Interpretation of a tariff notification concerning exemption for 'apparatus for artificial respiration or other therapeutic respiration' was addressed by construing the description holistically and not restricted to the parenthetical term 'ventilators'. The analysis applied purposive and cross-column interpretation to conclude that an oxygen concentrator falls within the exempt description because the source of oxygen supply does not alter the apparatus' therapeutic function; therefore the impugned restrictive order denying exemption was set aside and the appeal allowed. The reasoning rejected a narrow textual limitation and endorsed technology-neutral construction of the notification's scope.
AI TextQuick Glance (AI)Headnote
Customs valuation and motor controller classification: transaction value accepted, and controller treated as a motor part.
Declared customs value may be rejected only where the proper officer has valid reasons to doubt its truth or accuracy and follows the statutory valuation sequence; absent material showing the invoice price is unreliable or that any amount was paid over and above it, the transaction value is accepted. A motor controller principally used with a motor to start, stop, regulate direction and control speed is classifiable under CTH 8503 0090 as a part suitable for use solely or principally with that motor, and not under CTH 8708 where the Chapter 87 exclusion is not established on the evidence.
AI TextQuick Glance (AI)Headnote
Scope of intermediary services and place of provision of service: data hosting treated as exported, not intermediary; tax liability absent
Whether a provider of data hosting qualifies as an intermediary under the Place of Provision of Service Rules was examined; the provider was not an agent, did not arrange or facilitate services between third parties, and rendered hosting on its own account, therefore it falls outside the definition of intermediary and the place of provision follows the general rule locating the recipient abroad, rendering the services exported and outside domestic service tax. Invocation of extended limitation was rejected as exceptions did not apply and bona fide belief in export treatment negated suppression. A remand was directed solely to determine whether interest on previously paid marketing-service tax was paid before issuance of the show cause notice.
AI TextQuick Glance (AI)Headnote
Cenvat Credit for professional indemnity insurance affirmed where a direct nexus with output services exists; appeal allowed.
Issue concerns entitlement to Cenvat credit of service tax paid on professional indemnity insurance. The analysis finds that where the insurance relates directly to the business and there is a direct and visible nexus between input services and output services rendered by the provider, the service tax credit is permissible. Prior tribunal precedents treating the matter in favour of assessees are applied as persuasive authority. Consequence: credit for service tax on professional indemnity insurance is allowed and the impugned denial is set aside.
AI TextQuick Glance (AI)Headnote
Valid service at recorded business address and expiry of the condonable period together bar delayed tax appeals.
Service of an adjudication order at the registered business address recorded in departmental records gives rise to a rebuttable presumption of due service, and that presumption is not displaced without cogent evidence of a changed address or other material. On that footing, service was treated as complete when the order-in-original was sent by speed post to the recorded address. The appeal before the Commissioner (Appeals) was therefore treated as filed beyond the maximum condonable period, and the appellate authority had no power to extend limitation further on equitable grounds.
AI TextQuick Glance (AI)Headnote
Arbitral award set aside for refusal to hear foundational defence and for findings unsupported by evidence
An arbitral award was set aside where the tribunal wrongly refused to permit amendment of the defence raising suppression of CIRP proceedings against the lead consortium member, a foundational challenge going to the validity of the contract and arbitration agreement. The refusal prevented adjudication of a vital jurisdictional and contractual defence, and the award was therefore unsustainable. The award was also found perverse because disputed claims on delay, breach and damages were decided without oral evidence and without meaningful analysis of the documentary record, with findings resting on broad assertions and arithmetic rather than proved material. The award was set aside in its entirety.
AI TextQuick Glance (AI)Headnote
Sufficient cause for delayed company appeals requires timely diligence and a credible explanation for both appeal and condonation application.
Limitation for an intra-court appeal under the Companies Act requires filing within 30 days. A time-barred appeal should be accompanied by an affidavit-supported application explaining sufficient cause; failure to file it simultaneously is procedural and does not automatically require rejection. However, delay in filing both the appeal and the condonation application must be satisfactorily explained through evidence of due diligence. Seeking a certified copy only after limitation expired, coupled with an unexplained assertion that voluminous records required collation, does not establish sufficient cause. The delay-condonation application was therefore rejected.
AI TextQuick Glance (AI)Headnote
Deemed concealment applies despite reassessment disclosure, while pre-notice tax payments reduce the tax sought to be evaded.
Non-filing of a return attracts statutory deemed concealment even where income is later disclosed in response to a reassessment notice and accepted in reassessment. Acceptance of the returned income does not remove concealment because the income would otherwise have escaped assessment. For computing tax sought to be evaded, tax deducted at source and self-assessment tax paid before issue of the reassessment notice must be reduced from tax on the assessed income. Penalty is therefore leviable, subject to computation after allowing those eligible tax credits.
AI TextQuick Glance (AI)Headnote
Retention of seized digital devices without reliance in the complaint was disallowed, but cash release was left to confiscation proceedings.
Seized digital devices could not be retained where they were not included among the relied upon documents in the prosecution complaint; release was directed within thirty days, while a clone copy could be retained for investigation. The claim for release of seized cash was not granted because confiscation had already been sought before the Special Court, and the appellant was left to pursue appropriate relief there. The appeal succeeded only in relation to the digital devices, and the cash issue remained to be agitated before the Special Court.
AI TextQuick Glance (AI)Headnote
Reopening based on over-invoicing allegation fails once the underlying foundation is nullified in related proceedings
A transfer pricing adjustment based on DRI-triggered over-invoicing information could not survive once the customs proceedings had exonerated the assessee and that finding was upheld in appeal, because the foundation for reopening and addition had disappeared. The Tribunal therefore upheld deletion of the adjustment and dismissed the Revenue's appeal. Separately, the delay in filing the cross-objection was condoned on the basis of an affidavit and a bona fide medical explanation, but the cross-objection itself was treated as infructuous after the merits were decided.
AI TextQuick Glance (AI)Headnote
Unexplained investment addition fails where search material lacks independent corroboration of alleged on-money payment.
An addition for alleged unexplained investment in a shop purchase could not be sustained where the Revenue relied mainly on search statements, an Excel sheet and other third-party material, but produced no independent corroborative evidence of actual cash payment by the assessee. The Tribunal treated the matter as covered by earlier decisions arising from the same search material and found no material distinction. It held that such uncorroborated search evidence was insufficient to establish on-money payment or unexplained investment under section 69, and the addition was deleted.
AI TextQuick Glance (AI)Headnote
Third-party search material cannot sustain an on-money addition without corroboration, confrontation, and a fair chance to cross-examine.
Third-party search statements and seized material could not justify an unexplained investment or on-money addition where the assessee was not confronted with the adverse material, no effective cross-examination was provided, and no independent evidence linked the assessee to the alleged cash payment. The Tribunal followed co-ordinate bench authority on identical facts and applied the settled rule that uncorroborated third-party material, by itself, is insufficient for an addition. The absence of any specific reference to the assessee in the relied-upon material further weakened the Revenue's case, and the addition was deleted.
AI TextQuick Glance (AI)Headnote
Consolidation of tax periods and show cause notice under Section 74 notice quashed, reissue permitted subject to statutory limits
Consolidation of multiple financial years for issuing a show cause notice and validity under the CGST statute was examined; the court held that a show cause notice issued without complying with statutory issuance principles is liable to be quashed, and permitted re-issuance strictly in accordance with the statutory provision. The court rejected application of a merger-of-judgments concept where the Supreme Court dismissed a petition in limine, and held that subsequent contrary High Court rulings within the State bind lower authorities; consequence: authorities must follow the later state High Court view unless legally impeded.
AI TextQuick Glance (AI)Headnote
Consolidation of tax periods in show-cause notices ruled impermissible, State High Court precedent binds and separate notices may be reissued.
Consolidation of multiple financial years or tax periods into a single show-cause notice was held impermissible, the legal basis being appellate precedents of the State High Court which the authorities below must follow; consequence: consolidated SCNs cannot stand. The concept of merger of judgments was rejected because a higher court dismissed a challenge in limine rather than on merits, so that dismissal does not negate the State High Court rulings; consequence: those State High Court decisions continue to bind. Parties are permitted to reissue separate notices strictly in accordance with statutory procedure if no other legal impediment exists; consequence: reviving the petition is allowed if those State High Court judgments are later set aside.
AI TextQuick Glance (AI)Headnote
Mandatory notice period under GST protects hearing and self-assessment rights; non-compliance invalidates the resulting demand order.
Section 73 of the CGST Act requires a mandatory minimum three-month interval between issuance of a show cause notice and the statutory outer limit for passing an adjudication order. This period protects the taxpayer's opportunity to respond, be heard, seek adjournment, and make self-assessment and payment within the prescribed period to avoid penalty. A notice issued less than three months before the relevant adjudication deadline fails to meet this procedural requirement, rendering the notice and resulting order unsustainable. The notice and order were quashed, with the matter remanded for fresh consideration according to 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