Loading...

⚠ ✕
❮ Top
☎ Help
☰
×

By creating an account you can:

Logo TaxTMI
Call Us / Help / Feedback✕

Contact Us At :

✉ E-mail: [email protected]

✆ Call / WhatsApp at: +91 99117 96707

For more information, 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
GST Portal Notice Placement: Uploading notices outside the designated window denied effective hearing, requiring fresh assessment adjudication.
GST assessment and recovery proceedings cannot rest on notices uploaded solely in the portal's Additional Notices and Orders section when the designated View Notices and Orders window is not used. Such placement fails to give the taxpayer effective notice and a meaningful opportunity to respond, contrary to principles of natural justice. The assessment order and consequential recovery proceedings were quashed, and fresh adjudication must permit a reply. Limitation of the show-cause notice remains for the adjudicating authority to determine.
AI TextQuick Glance (AI)Headnote
Retrospective ITC relief validates later claims and preserves business banking-service credit despite GSTR-2A mismatches with verified supplies.
Section 16(5) retrospectively permits input tax credit for FY 2017-18 through FY 2020-21 in returns filed up to 30 November 2021, overriding the earlier time limit in Section 16(4). Credit supported by returns, accounts, tax invoices and payment evidence remains available even if claimed in a later return. A GSTR-2A and GSTR-3B mismatch is only a reconciliation discrepancy and cannot alone justify reversal when the underlying supply and tax payment are verifiable. Banking services used in furtherance of business do not fall within the blocked-credit categories under Section 17(5); related credit is therefore admissible.
AI TextQuick Glance (AI)Headnote
Duplicate IGST on exports remains refundable where GSTR-3B table misreporting caused a second payment and automated refund.
Excess IGST paid on export supplies remains refundable where the original payment was incorrectly reported against non-zero-rated supplies in GSTR-3B, despite correct disclosure of export turnover and IGST liability in GSTR-1. The reporting mismatch may prevent automated export-refund processing, leading to a second IGST payment and refund of that later payment through the Customs system. Where the original payment remains unrefunded, retaining tax paid twice is impermissible because a clerical or procedural error cannot justify collection of tax not legally due under Article 265 of the Constitution.
AI TextQuick Glance (AI)Headnote
Input tax credit on retail-shop furnishing remains available where tax is neither capitalised nor depreciated as fixed-asset cost.
Input tax credit on joinery, carpentry and painting services used to furnish rented retail shops is available where the services directly support taxable retail activity and meet the business-use requirement. The construction-related credit restriction applies only where the tax component is capitalised to fixed-asset cost. Separate accounting of CGST and SGST as input tax credit, without capitalisation or depreciation, supports admissibility. A supplier-service classification objection not raised in the show-cause notice cannot be introduced at the recipient-credit stage. Credit on the relevant furnishing invoices is therefore not barred.
AI TextQuick Glance (AI)Headnote
Input tax credit depends on recipient evidence, not supplier-bogus allegations, when purchase, transport, receipt and tax payment are substantiated.
Input tax credit must be determined by statutory eligibility conditions and evidence of the recipient's transaction, rather than solely by allegations that the supplier is bogus. Purchase orders, tax invoices, e-way bills, banking records, books of account, stock registers, consignment documents, vehicle details, supplier returns and tax-payment records supported actual purchase, transportation and receipt of goods. The supplier's restored registration and the departmental opportunity to examine the material also negated any breach of natural justice. Input tax credit was therefore allowed on the available evidence.
AI TextQuick Glance (AI)Headnote
Unaccounted Stock Assessment Requires Tax Determination, Making Direct Confiscation Proceedings Unsustainable Under GST During Business Surveys
Unaccounted or excess goods found during a survey of business premises must be addressed through the GST tax-determination mechanism. Section 35 requires registered persons to maintain true and correct accounts, and Section 35(6) treats unaccounted goods or services as supplied for determining tax liability. Sections 73 and 74 therefore govern assessment and recovery of tax on such goods. Direct confiscation and penalty proceedings under Section 130(2) read with Section 122 are unsustainable where the allegation is limited to excess or unaccounted stock discovered at the premises.
AI TextQuick Glance (AI)Headnote
Input tax credit claims require proof of actual receipt, with disputed supplies requiring verified documentary evidence and reasoned adjudication.
Input tax credit eligibility requires cumulative satisfaction of statutory conditions, including actual receipt of goods and tax payment, with the claimant bearing the burden of proof. Supplier registration, invoices, portal reflection and banking payments are relevant but not conclusive where the supply is disputed; nor does a supplier's later absence conclusively negate an earlier supply. Verification of invoices, e-way bills, transport records and related material must support reasoned findings. Monetary-limit rules may permit a departmental appeal on a recurring interpretive issue where the requisite approval exists. Disputed credit claims require fresh adjudication after documentary verification and an effective opportunity to the claimant.
AI TextQuick Glance (AI)Headnote
Pre-deposit ledger mismatch remains curable, preserving delayed GST appeals where portal glitches prevent cash-ledger payment.
Debit of the prescribed pre-deposit from the electronic credit ledger, rather than the electronic cash ledger, under the delayed-appeal amnesty scheme is a curable procedural defect where the entire amount was secured and a portal glitch caused the payment mode. Technical failures on the official portal should not prejudice the statutory appellate remedy. The taxpayer should receive a reasonable opportunity to make good the stipulated cash component before rejection of the delayed first appeal. Substantial compliance with the pre-deposit condition supports adjudication of the first appeal on merits after the deficiency is cured, rather than rejection as time-barred solely because of the ledger used.
AI TextQuick Glance (AI)Headnote
Supply of tangible goods classification applies where transit mixer control remains with supplier, excluding goods transport agency service.
Hiring transit mixture machines to transport ready-mix concrete falls within supply of tangible goods service where possession and effective control remain with the supplier. Retention of the driver, maintenance and diesel by the supplier indicates that the customer did not obtain such control. In the absence of consignment notes or evidence of goods transport agency services, the hiring receipts are taxable as supply of tangible goods service rather than goods transport agency service.
AI TextQuick Glance (AI)Headnote
Reverse-charge tax liability survives credit eligibility, but revenue neutrality restricts recovery to the normal limitation period.
Reverse-charge service-tax liability arises independently of a recipient's entitlement to Cenvat credit. Under the Cenvat Credit Rules, credit becomes available only after actual tax payment, which is a condition precedent for credit; prospective credit eligibility therefore cannot avoid payment. Where tax paid under reverse charge would be available as Cenvat credit to the same recipient, the transaction is revenue neutral. Extended-period recovery is consequently unavailable, and the Section 78 penalty cannot be sustained, although recovery for the normal period, if any, and Section 77 penalty may remain.
AI TextQuick Glance (AI)Headnote
Third-party tax data cannot alone support extended-period service-tax demands or unnotified allocation methods, requiring corroboration and notice.
Service-tax liability requires evidence establishing both the rendition and value of taxable services; Form 26AS and income-tax-return data alone do not establish taxable turnover. Where a registered taxpayer regularly filed service-tax returns, an extended-period demand based only on an income-tax mismatch, without independent verification or corroboration, was set aside, while properly quantified normal-period tax and interest could remain payable. A demand for part of 2017-18 calculated by proportionately allocating annual income was also set aside because supporting period-specific data was absent and that method was not proposed in the show-cause notice.
AI TextQuick Glance (AI)Headnote
Void gifts of temple inam land cannot be cured by registration, leaving government occupation only on lease.
Gift of inam land dedicated to a religious institution is void where the governing law prohibits gifts and permits no sanction for them; registration cannot cure that invalidity. The land remains vested in the Temple. Statutory custodianship requires the State and trustees to administer religious endowment property prudently and for the institution's benefit, precluding gratuitous transfers. Government occupation of temple land for a public office may continue only under a lease from the Temple. Fair rent must reflect prevailing market rental value under the prescribed formula, with periodic refixation and future lease terms determined in the trust's best interests; arrears are payable to the Temple.
AI TextQuick Glance (AI)Headnote
Full disclosure in bail proceedings prevents forum shopping and requires fresh consideration where material orders were suppressed.
Full disclosure in discretionary bail proceedings requires parties to reveal parallel remedies and all prior bail or release orders. Pursuing concurrent remedies while withholding rejected bail or refused ad-interim relief constitutes forum shopping, suppression of material facts and abuse of process, requiring the bail application to be reconsidered on a fully informed merits assessment; interim bail may continue on existing terms pending further orders. A direction to list a matter "two weeks hence" ordinarily excludes a court vacation when the period expires during vacation, unless a specific vacation date or Vacation Bench listing is directed, subject to applicable High Court rules.
AI TextQuick Glance (AI)Headnote
Transitional credit rules preserve eligible capital-goods credit but exclude pre-GST export duty without statutory authorization.
Transitional credit under Section 140(2) extends to unavailed CENVAT credit on capital goods where it is admissible under both the existing and GST regimes. Neither Section 140(2) nor Rule 117(2)(a) requires prior partial availment before the appointed day or limits transition to half the eligible credit; compliant TRAN-1 disclosure supports the claim. Central excise duty on goods cleared for export before GST cannot be converted into GST input tax credit because Section 140 provides no enabling category, and Section 174(2)(c) does not preserve an unaccrued entitlement. Interest follows recovery of inadmissible credit, and wrongful availment attracts the statutory penalty under Section 73.
AI TextQuick Glance (AI)Headnote
Excess output tax set-off prevents Section 73 demands where no net GST shortfall remains in dispute.
Section 73 cannot support a tax, interest or penalty demand where admitted excess output tax fully offsets disputed ineligible input tax credit and no net short payment remains. Excess output tax paid beyond actual liability falls within the section 54(8)(c) exception, so its refund is not subject to unjust enrichment. A sales-return demand cannot rest on grounds outside the show cause notice; for 2017-18, non-uploading of credit or debit notes on the GST portal did not invalidate otherwise compliant documents. Orders must address material submissions with reasons, and delayed-return interest demands must identify the default months, tax amounts and interest period.
AI TextQuick Glance (AI)Headnote
IGST credit cross-utilisation eliminates an ITC mismatch where aggregate eligible credit exceeds credit claimed and tax shortfalls.
Surplus IGST credit, established through updated GSTR-2A reconciliation and import IGST credit, may offset CGST and SGST shortfalls after IGST liabilities are met. Where aggregate eligible input tax credit exceeds the credit claimed, an alleged excess ITC claim lacks factual and legal basis and does not warrant tax-short-payment proceedings. The electronic credit ledger is treated as fungible for permitted IGST cross-utilisation, subject to applicable jurisdictional precedent. Adjudication without a personal hearing or consideration of the taxpayer's contentions, followed by mechanical appellate affirmation, breaches natural justice and the requirement for a reasoned speaking order, rendering the proceedings invalid.
AI TextQuick Glance (AI)Headnote
Fraud threshold for GST demands: disclosed return particulars require foundational evidence before extended demand and penalties apply.
Section 74 permits a consolidated GST demand notice covering multiple financial years where each period is within limitation and the taxpayer's defence and appeal rights are not prejudiced. Prior-year input tax credit reported later, payments under an incorrect tax head, and credit taken under incorrect heads require factual verification of prior benefit, revenue impact, and compliance with Section 49 and Rule 88A. Section 74 requires foundational facts proving fraud, wilful misstatement, or deliberate suppression intended to evade tax; bare allegations based on disclosed returns do not suffice. In their absence, tax, interest, and penalty require determination under the ordinary demand framework. Interest follows tax lawfully determined payable.
AI TextQuick Glance (AI)Headnote
Appellate review under GST cannot remand reconciliation verification, requiring the Appellate Authority to conduct further inquiry itself.
Section 107(11) of the CGST Act requires the Appellate Authority to conduct any necessary further inquiry and permits it to confirm, modify or annul the appealed order, but prohibits referral of the matter back to the adjudicating authority. A conditional direction requiring the adjudicating authority to verify input tax credit reconciliation workings and then delete eligible credit-related demand, interest and penalty amounts amounts to an impermissible remand. Verification of the reconciliation must therefore be undertaken at the appellate level rather than delegated to the original authority, with the issue resolved in favour of Revenue.
AI TextQuick Glance (AI)Headnote
Show-cause notice specificity prevents input tax credit denial on an uncharged supplier tax-payment ground.
Input tax credit cannot be denied under Section 16(2)(c) where the show-cause notice was confined to alleged non-compliance with Section 16(2)(aa), which did not apply to the relevant period. A mere reproduction of Section 16(2)(c), without allegations or factual material that suppliers failed to pay tax to the Government, does not constitute an effective charge. Section 75(7) bars confirmation on a ground not specified in the notice, and changing the basis of demand breaches principles of natural justice. Section 160(1) cannot cure a proceeding that substantively departs from statutory notice requirements. The resulting demand was invalid and set aside.
AI TextQuick Glance (AI)Headnote
GST refunds for cancelled airline tickets apply where fare and tax are returned without output-tax adjustment.
GST paid on cancelled airline tickets may be refunded as excess payment of tax where the airline has returned both fare and GST to passengers and cannot adjust credit notes against output tax liability. Linked ticket, invoice, refund voucher, credit note and billing-settlement records establish the refund trail and absence of unjust enrichment. For predominantly business-to-consumer supplies, recipient input tax credit reversal does not arise. A subsequent requirement concerning recipient credit reversal does not apply to the relevant period, supporting refund eligibility.

Case Laws

Back

All Case Laws

Showing Results for :
Reset Filters
No Records Found

Case Laws

Back

All Case Laws

2024 (6) TMI 1138 - AT - Income Tax

Contents
Cases Cited
Ref Provisions New
Summary
Note

Note

-

Bookmark

Print

Print

Assessee's appeal allowed as income addition based on ITR-service tax differences deleted after satisfactory reconciliation provided
ITAT Mumbai allowed the appeal regarding addition of income based on difference between ITR and service tax/GST returns. The assessee followed cash ... Summary

Topics

Acts Income Tax