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
Statutory appellate remedy for assessment challenges required, with temporary stay on garnishee-based coercive recovery pending appeal filing.
Challenge to an assessment order despite an available appellate remedy was addressed through writ jurisdiction. The writ petition was disposed of with liberty to pursue the statutory appeal, subject to the prescribed pre-deposit and an application for condonation of delay. Coercive recovery under the garnishee notice was stayed for the period permitted to file the appeal.
AI TextQuick Glance (AI)Headnote
Retrospective input tax credit protection under Section 16(5) overrides delayed-return limitation for eligible taxpayers, subject to eligibility conditions.
Retrospective operation of Section 16(5) of the CGST Act preserves input tax credit for eligible taxpayers who furnished returns by the stipulated cut-off date, notwithstanding the limitation in Section 16(4). Its non obstante clause gives the statutory entitlement priority over a notification-based rectification deadline. Where an assessment-order appeal had already been filed and decided before the amendment, the prescribed rectification mechanism does not apply. Input tax credit remains subject to satisfaction of other eligibility conditions.
AI TextQuick Glance (AI)Headnote
Transfer-pricing comparability requires exclusion of functionally dissimilar software entities and fresh review of related-party transactions and working-capital adjustments.
Functional comparability in transfer-pricing benchmarking requires exclusion of software entities performing enterprise transformation, product sales, onsite services, product development, or research and development activities where their functions materially differ from routine software development support services. Two other entities providing substantially similar software services require fresh comparability review. Eligibility of another proposed comparable requires verification of related-party transactions against the applicable 25% filter. Working capital adjustment claims for software development support and sales and marketing support services require fresh examination. Benchmarking must be recomputed after the exclusions and fresh determinations.
AI TextQuick Glance (AI)Headnote
Share subscription evidence defeats cash-credit additions, while amended reassessment limits cannot revive expired assessments for prior years.
Share capital and share premium additions as unexplained cash credits cannot rest solely on subscribers' non-response to verification notices where the taxpayer has furnished names, addresses, PANs, bank details, tax returns and audited financial statements establishing identity, creditworthiness and genuineness. Effective contrary inquiry is required before disregarding that material; the addition was therefore deleted. For assessment years preceding 2021-22, the amended reassessment regime preserves the earlier limitation period. The extended limitation cannot revive reassessment proceedings already time-barred under the former six-year period, rendering the reassessment notice and consequential proceedings invalid.
AI TextQuick Glance (AI)Headnote
Appeal limitation runs from the assessee's actual receipt of the adjudicating order, not delivery to an intermediary post office.
Limitation for an appeal before the Commissioner (Appeals) commences when the aggrieved assessee receives the adjudicating order. Postal tracking and acknowledgement records distinguished delivery to an intermediary sub-post office from actual delivery at the assessee's branch-office address. Receipt at the intermediary post office could not be treated as receipt by the assessee. On the recorded actual delivery date, the appeal was within the prescribed limitation period, making dismissal as time-barred unsustainable and requiring fresh consideration on merits.
AI TextQuick Glance (AI)Headnote
Faceless reassessment jurisdiction fails where proceedings began before the notified scheme authorised electronic reassessment and notice issuance.
Faceless reassessment jurisdiction under Section 151A requires a notified scheme authorising faceless assessment, reassessment and issuance of income-escaping assessment notices. Where the notice under Section 148 and consequential statutory, show-cause and reassessment proceedings were initiated and substantially conducted before notification of the e-Assessment of Income Escaping Assessment Scheme, 2022, the statutory authority to proceed facelessly was unavailable when jurisdiction was assumed. Passing the reassessment order after notification does not cure that defect. Such proceedings and the resulting reassessment order are void ab initio and bad in law.
AI TextQuick Glance (AI)Headnote
Benami property exceptions protect a father's purchase in minor children's names from statutory bar and plaint rejection.
Property purchased by a father in the names of his minor children falls within the child exception under the Prohibition of Benami Properties Act where the 2016 amendments apply retrospectively as declaratory, procedural, curative and machinery provisions. The father-minor child relationship also constitutes a guardian-ward fiduciary relationship under the unamended fiduciary-capacity exception. Consequently, a suit asserting rights in such property is not barred by the Benami law and the plaint is not liable to rejection.
AI TextQuick Glance (AI)Headnote
GST Tribunal availability restores statutory appeal rights, with interim deposits adjustable against the mandatory appellate pre-deposit requirement.
Functional availability of the GST Tribunal provides the statutory appellate remedy against the impugned orders. The petitioner may file an appeal before the Tribunal within 30 days, and the amount deposited under the interim order will be adjusted towards the required pre-deposit. The appeal is to be considered on merits.
AI TextQuick Glance (AI)Headnote
IGST refund restrictions under omitted Rule 96(10) cannot support pending recovery or refund-denial proceedings lacking finality.
Rule 96(10) of the Central Goods and Services Tax Rules, 2017 imposed restrictions on IGST refund claims beyond those contemplated by Section 16 of the Integrated Goods and Services Tax Act, 2017, rendering it ultra vires and manifestly arbitrary. Its omission without a saving clause makes the rule unavailable for pending matters that have not attained finality. Consequently, recovery or denial-of-refund proceedings based on Rule 96(10) cannot continue, and the earlier binding decision on the issue applies to similarly situated taxpayers.
AI TextQuick Glance (AI)Headnote
Reassessment beyond four years fails when recorded grounds yield no addition and unrelated income alone is assessed.
Reassessment initiated beyond four years requires established failure by the assessee to make a full and true disclosure regarding the income alleged to have escaped assessment on the recorded reasons. Where no addition survives on either recorded ground-recomputation of Section 14A disallowance or alleged NSEL income-an addition on a separate issue lacks jurisdictional support. Explanation 3 to Section 147 permits assessment of another escaped-income issue discovered during valid reassessment proceedings, but does not cure an invalid reopening or enlarge the substantive jurisdiction under Section 147. The reassessment and the unrelated addition could not survive.
AI TextQuick Glance (AI)Headnote
Business-loss carry-forward fails where intervening returns were not filed, preventing determination of unabsorbed losses for later set-off.
Carry-forward and set-off of business losses require a valid loss return under Section 139(3) and determination of the loss through the relevant assessment process. Failure to file returns for intervening assessment years prevents determination and notification of the unabsorbed loss available for continued carry-forward under Sections 72, 80, 139(3) and 157. Consequently, an earlier-year business loss could not be set off against income of the later assessment years under consideration.
AI TextQuick Glance (AI)Headnote
Revision for inadequate inquiry fails where verification occurred and no Revenue prejudice is established under Section 263.
Revision under Section 263 requires the assessment order to be both erroneous and prejudicial to Revenue interests. Explanation 2(a) covers assessments made without necessary inquiry or verification, but does not remove the requirement to establish both conditions. Where the Assessing Officer sought and received details on unsecured loans and trade payables, examined the explanations, and adopted a plausible view, revision cannot rest solely on audit objections or a preference for further verification. Absent material showing Revenue prejudice, revision is invalid.
AI TextQuick Glance (AI)Headnote
Unjust enrichment does not bar customs duty refund when sales records prove the importer absorbed the duty burden.
Refund of excess customs duty is not barred by unjust enrichment where the importer establishes that duty incidence was not passed on. A Chartered Accountant certificate, Bills of Entry and sales invoices showing bunker oil was sold below its import value demonstrate that the importer did not recover the import cost or duty. Recording duty as an expense in the profit and loss account does not alone prove that the duty burden was passed to buyers. Once the importer produces this evidence, the evidentiary burden shifts to Revenue; without rebuttal material, refund remains payable.
AI TextQuick Glance (AI)Headnote
Change of opinion barred reassessment where alleged escaped income had already been examined and subsumed in original scrutiny.
Reassessment cannot be initiated on transactions already scrutinised in the original assessment merely by revisiting the same material. The original scrutiny examined purchases from high-risk billers, GST reconciliations, supplier confirmations, bank-payment evidence and books of account, rejected the books, and estimated net profit on total sales. As the alleged escaped income was subsumed within that assessment, reopening represented an impermissible change of opinion. The reassessment initiation was therefore invalid.
AI TextQuick Glance (AI)Headnote
Retrospective ratification validates resignation acceptance, while withdrawal remains subject to the appointing authority's reasoned statutory discretion.
Competent authority ratification can retrospectively validate an initially unauthorised but otherwise lawful acceptance of resignation. Where the governing statute makes resignation effective upon acceptance by the appointing authority, communication of acceptance and expiry of the notice period are not conditions of legal effectiveness; the notice period governs actual relieving. Withdrawal before relieving remains subject to the competent authority's reasoned discretion under the applicable framework. An employee who sought waiver of notice, accepted separation-related benefits and acted upon the completed separation cannot later rely on a technical defect in acceptance. A reasoned refusal based on the employee's stated intention to leave for another institution is not open to substitution through judicial review absent unlawfulness, mala fides or perversity.
AI TextQuick Glance (AI)Headnote
Assessment against a deceased proprietor is non est; fresh proceedings require notice and hearing to the legal representative.
Assessment proceedings cannot validly continue against a deceased proprietor. An assessment issued after death is non est because it is directed at a person incapable of being proceeded against, and the required opportunity of personal hearing is not met. Although Section 93 permits recovery of tax dues from the deceased person's business or estate, fresh assessment proceedings must be initiated against the appropriate legal representative or person carrying on the business after notice and hearing. Any recovery remains limited to the deceased proprietor's estate, and a consequential rejection of the statutory appeal is invalid.
AI TextQuick Glance (AI)Headnote
Composite letting of premises and inseparable amenities remains house-property income, while traceable refinancing preserves interest deduction eligibility.
Composite letting principles treat receipts for ancillary amenities, furniture and fixtures as income from house property where the facilities are contractually inseparable from, co-terminus with and incapable of independent enjoyment apart from the commercial premises. Separate agreements or apportioned consideration do not change that character where the dominant intention is to enable beneficial occupation; the statutory deduction for house-property income consequently applies. Interest on refinanced borrowings remains deductible where records trace the refinancing to earlier loans used to acquire the property. Continued borrowing from the original lender is not required, although limited verification of fund utilisation and arithmetic may be necessary.
AI TextQuick Glance (AI)Headnote
Charitable property income does not bar Section 11 exemption where education, medical relief and poverty relief remain predominant objects.
Exemption under Section 11 remains available where a trust registered under Section 12A pursues education, medical relief and relief of the poor, despite earning rental income and licence fees from trust property. These objects fall outside the residual general-public-utility category subject to the restrictive proviso to Section 2(15). Substantial or systematically collected property receipts do not constitute trade, commerce or business without an independent commercial venture, particularly where they fund charitable objects. In the absence of changed objects, non-genuine activities, diversion of funds, or disputed application of income, the proviso does not apply and additions based on denial of exemption are deleted.
AI TextQuick Glance (AI)Headnote
Inherent criminal jurisdiction cannot restrain tax inspection or seizure actions; affected persons must pursue appropriate statutory, criminal, or constitutional remedies.
Inherent criminal jurisdiction cannot be invoked to restrain alleged harassment by tax officials during inspection or seizure proceedings merely because the governing tax law requires criminal-procedure safeguards. Such proceedings do not thereby fall within inherent criminal jurisdiction. An aggrieved person may challenge a specific unlawful action before the competent forum, approach superior tax authorities, file a criminal complaint where an offence is disclosed, or seek constitutional remedies. Restraint against tax officials through inherent criminal jurisdiction is therefore unavailable; relief must be pursued through the appropriate legal remedy.
AI TextQuick Glance (AI)Headnote
GST registration cancellation cannot disregard material evidence establishing genuine business operations at the registered premises.
GST registration cancellation and rejection of revocation were unsustainable because rental agreements, GPS-map photographs and electricity-payment receipts bearing the taxpayer's trading name supported business operations at the registered principal place of business. The evidence related to relevant periods and showed substantial electricity usage, but the impugned orders relied only on an intelligence-wing report without addressing that material. The cancellation and revocation-rejection orders were set aside, with liberty to commence fresh proceedings in accordance with law.

Case Laws

Back

All Case Laws

Showing Results for :
Reset Filters
No Records Found

Case Laws

2026 (8) TMI 1044 - HC - Income Tax

Contents
Cases Cited
Ref Provisions New
Summary
Note

Note

-

Bookmark

Print

Print

Reassessment beyond four years fails when recorded grounds yield no addition and unrelated income alone is assessed.
Reassessment initiated beyond four years requires established failure by the assessee to make a full and true disclosure regarding the income alleged to ... Summary

Topics

Acts Income Tax