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
Search assessment limitation excludes COVID extension for original proceedings, rendering assessments completed after the statutory deadline invalid.
Section 153B(1) required search-related assessments to be completed within twelve months from the end of the financial year in which the final search authorisation was executed. Where the final authorisation was executed in financial year 2020-21, the statutory deadline was 31 March 2022. The COVID-19 limitation extension applied only to judicial and quasi-judicial matters, including appeals, suits and petitions, and did not extend deadlines for original assessment proceedings. Assessments completed on 11 April 2022 were consequently beyond limitation and invalid.
AI TextQuick Glance (AI)Headnote
Section 40A(3) disallowance does not apply where a vehicle-finance facilitator merely routes loan funds to borrowers.
Section 40A(3) applies only where an assessee incurs expenditure and makes payment outside the prescribed modes. Loan funds received from finance companies and passed to identified borrowers by a vehicle-finance facilitator do not constitute its business expenditure where only commission or brokerage is recognised as income. Finance records, payment advices, agreements and confirmations may establish the facilitator's intermediary role. Routing loan funds through its bank account does not, by itself, convert onward disbursements into expenditure incurred by the facilitator; consequently, disallowance under section 40A(3) does not apply.
AI TextQuick Glance (AI)Headnote
Third-party AMP expenditure requires proof of an associated-enterprise arrangement before any transfer-pricing adjustment can be made.
Advertisement, marketing and promotion expenditure paid to third parties does not constitute an international transaction merely because it may benefit an associated enterprise. A transfer-pricing adjustment under Chapter X requires the Revenue to establish an agreement, arrangement, or understanding between associated enterprises concerning the AMP expenditure. The bright line test cannot replace proof of an underlying international transaction. In the absence of such evidence, AMP expenditure is outside transfer-pricing adjustment and no arm's-length-price determination is permissible.
AI TextQuick Glance (AI)Headnote
Statutory appellate remedy remains available after ordinary limitation expires, with appeal admitted on merits without limitation objection.
Expiry of the ordinary limitation period did not preclude the petitioner's use of the statutory appellate remedy. The petitioner received two weeks to file the appeal, which must be entertained on merits without a limitation objection. The direction preserves access to statutory appellate review notwithstanding the lapse of the ordinary filing period.
AI TextQuick Glance (AI)Headnote
Proper-officer assignments to appointed Central Tax officers remain valid, while factual demand disputes must follow statutory appeal procedures.
Proper-officer functions may be assigned by circular to officers already appointed as Central Tax officers, with specified functions and monetary limits for action under the CGST Act. The relevant distinction is between assigning functions to existing tax officers and assigning them to persons lacking appointment as customs officers. Where a demand order considers defence material and affords a personal hearing, factual and documentary objections require appellate review. An effective statutory appeal remains the appropriate route absent a recognised exception to writ intervention.
AI TextQuick Glance (AI)Headnote
GST refund eligibility for SEZ units permits claims for unutilized input tax credit without limiting applicants to suppliers.
Section 54 of the CGST Act, read with Rule 89(1) of the CGST Rules, permits eligible entities to apply for refunds of unutilized input tax credit and does not limit that entitlement to suppliers making supplies to SEZ units. The supplier-specific language in the second proviso to Rule 89 and Rule 89(2)(f) identifies a category of eligible claimants without excluding SEZ units from making their own claims. Accordingly, an SEZ unit may seek a refund of unutilized input tax credit under the GST refund framework.
Quick Glance (AI)Headnote
Limitation for IBC appeals: inordinate delay resulted in dismissal despite COVID-19 extension and condonable-delay considerations.
Limitation for appeals under the Insolvency and Bankruptcy Code was considered in the context of COVID-19-related extension of limitation and condonable delay. An inordinate delay resulted in dismissal of the civil appeal on the ground of delay, notwithstanding the limitation-extension context.
AI TextQuick Glance (AI)Headnote
Resolution-plan finality extinguishes excluded pre-transfer tax claims, barring refund adjustments and later reassessment for the covered period.
Approved resolution plans under the Insolvency and Bankruptcy Code bind governmental authorities and freeze or extinguish pre-transfer income-tax claims omitted from the plan. The Code's overriding effect prevails over the Income-tax Act power to adjust refunds against outstanding tax demands. Consequently, excluded statutory tax dues cannot be pursued as pre-transfer liabilities, obtain priority over secured creditors, or support tax notices, consequential orders, refund adjustments, or fresh and reassessment proceedings for the relevant period. Refunds adjusted against such pre-transfer demands must be repaid with applicable interest.
AI TextQuick Glance (AI)Headnote
GST commencement limits tax recovery to post-commencement periods, barring demands for earlier periods under the regime.
GST chargeability begins on 08.07.2017, the date on which the regime became operative. Recovery or demand of GST for any earlier period lacks a legal basis because GST was not chargeable before that commencement date. Consequently, no GST may be charged from the petitioner in respect of a period preceding 08.07.2017.
AI TextQuick Glance (AI)Headnote
Alternative statutory remedy limits writ challenges to GST demand orders where notice, replies, and personal hearing were provided.
GST demand orders ordinarily should be challenged through the effective statutory appellate remedy rather than extraordinary writ jurisdiction where the petitioner received a show-cause notice, submitted replies, and had an opportunity of personal hearing. A contention that the hearing was fixed before the reply period expired may be examined in the statutory appeal. A writ petition filed nearly one year and six months after the demand order does not warrant bypassing that remedy; the Appellate Authority may consider an application for condonation of delay in accordance with law.
AI TextQuick Glance (AI)Headnote
Inverted-duty refund formula supports later-filed claims for earlier ITC and supplementary applications despite portal restrictions.
Rule 89(5)'s substituted refund formula permits input-service ITC in refund applications filed after 5 July 2022, even where the credit accumulated earlier. Its application turns on the filing date, and the curative, clarificatory amendment cannot be curtailed by contrary circular guidance. Section 54 treats refund entitlement as substantive; consequently, a supplementary claim for a period covered by an earlier NIL claim requires merits assessment where statutory conditions and limitation are met. The absence of a separate claim category or GST portal refiling functionality is procedural and cannot alone defeat a differential inverted-duty refund.
Quick Glance (AI)Headnote
Condonation of filing delay followed an earlier approach, resulting in dismissal of the Special Leave Petition.
Condonation of a 719-day delay in filing an appeal was considered after the petitioner referred to an earlier Supreme Court order. The Court declined to take a divergent view and dismissed the Special Leave Petition. The dismissal also resulted in disposal of any pending interlocutory applications. The stated approach followed the earlier Supreme Court order identified by the petitioner.
AI TextQuick Glance (AI)Headnote
Natural justice in import-data assessments supports staying tax recovery when underlying transaction records remain undisclosed pending appeal.
Recovery of an income-tax demand remains stayed pending the first appeal where an import-data addition rests on unreconciled information lacking invoice-wise and bill-of-entry-wise particulars. Failure to provide the underlying material, despite requests, prevents meaningful reconciliation and may breach principles of natural justice, particularly where recorded imports exceed the aggregate value in the information relied upon. Stay requires balancing revenue protection, taxpayer hardship, and prima facie merits; an administrative deposit norm does not limit judicial discretion.
AI TextQuick Glance (AI)Headnote
Effective hearing in faceless assessment requires adequate response time, clear extension decisions, and consideration of taxpayer submissions.
Effective opportunity of hearing under faceless assessment requires sufficient time to answer a show-cause notice, clear communication on any request for additional time, and consideration of material subsequently filed. Four working days for response, without communicating whether an extension request was accepted or rejected and without addressing uploaded submissions, may deny that opportunity. These requirements apply equally where assessment proceedings may lead to consequential penalty action.
AI TextQuick Glance (AI)Headnote
Statutory appeal pendency limits writ intervention while jurisdictional objections remain for expedited appellate determination on merits.
Pendency of a statutory appeal against an assessment order supported declining discretionary writ jurisdiction. High Court disposed of the writ petition without examining the merits or the asserted jurisdictional defect, leaving those matters for the appellate process. The appellate authority was requested to determine the pending statutory appeal expeditiously, so the available appellate remedy remained the route for resolving the assessment challenge.
AI TextQuick Glance (AI)Headnote
PMLA regular bail threshold requires prima facie satisfaction of innocence despite prolonged custody and parity claims.
Regular bail under the Prevention of Money Laundering Act requires reasonable grounds to believe that the accused is not guilty. Prima facie material indicating a central role in an alleged investment scheme, including mobilisation of investments, management of connected entities, and use or movement of alleged proceeds of crime, could not be discarded at the bail stage. Financial and documentary material, investigation statements, and the alleged mismatch in cloud-storage capacity remained matters for trial, particularly while key witnesses awaited examination. The custody period and parity claim did not displace the statutory bail threshold, as the co-accused's bail arose where those conditions did not apply.
AI TextQuick Glance (AI)Headnote
Construction service tax exemptions distinguish charitable education, SEZ units and public community halls across relevant periods.
Construction of school, college and vocational-training buildings for charitable educational institutions was non-commercial and exempt before 1 July 2012. After that date, the relevant construction-service exemption was confined to Government, local authorities and government authorities, leaving charitable societies taxable despite Income-tax registration. SEZ-unit construction qualified for the statutory exemption under the SEZ framework, whose overriding effect prevented procedural non-compliance with the notification from defeating relief. A community hall built for unrestricted public use under the MPLAD Scheme was a public-purpose asset rather than commercial construction and remained exempt. Tax liability therefore applied only to post-1 July 2012 construction for educational trusts.
AI TextQuick Glance (AI)Headnote
Natural justice requires fresh merits adjudication when an overlooked portal notice and absent hearing prevent an effective response.
Natural justice requires an effective opportunity to respond where a show-cause notice is uploaded on an additional notices portal and no personal hearing is notified. A notice that could genuinely be overlooked, together with a hearing marked not applicable and an order issued without considering a response or supporting documents, requires fresh adjudication on merits. Limitation should not be used to reject the affected parties' contentions in these circumstances; they should be permitted to file their response and supporting material.
AI TextQuick Glance (AI)Headnote
Successive writ petitions fail when withdrawal without liberty abandons the remedy and statutory GST appeal remains unpursued.
Successive writ petitions challenging the same adjudication order are not maintainable where an earlier petition was withdrawn without liberty to file afresh. The public-policy principle underlying withdrawal of proceedings treats such withdrawal as abandonment of the Article 226 remedy for that cause of action; altered grounds cannot support identical relief. Availability of the statutory GST appellate remedy also weighs against exercise of writ jurisdiction, particularly where it was not pursued promptly and the delay in approaching the court is unexplained. These principles preclude a later writ petition against the same adjudication order.
AI TextQuick Glance (AI)Headnote
Coercive GST recovery during an ongoing inspection is stayed, while normal business activities remain permissible pending further consideration.
Coercive steps to compel discharge of alleged GST liability cannot be taken during a continuing inspection or search pending further consideration. Interim protection applies where the investigation and allegations of pressure to pay require adherence to applicable investigation guidelines. Normal business activities may continue during the inspection or search until the returnable date, while the writ petition remains pending.

Case Laws

Back

All Case Laws

Showing Results for :
Reset Filters
No Records Found

Case Laws

Back

All Case Laws

2026 (9) TMI 928 - AT - Income Tax

Contents
Cases Cited
Ref Provisions New
Summary
Note

Note

-

Bookmark

Print

Print

Survey surrender income for Assessment Year 2017-18 remains taxable at normal business rates, not enhanced Section 115BBE rates.
Survey surrender income credited to the profit and loss account and offered as business income was subject to the normal tax rate for Assessment Year ... Summary

Topics

Acts Income Tax