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
❮
❯
❯❯
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
Untested inspector evidence cannot displace substantiated business transactions, while reasonable cause supports condonation of delayed tax appeals.
Reasonable cause for delayed filing was established by the taxpayer's residence shift, overseas employment and non-receipt of hearing notices, warranting condonation and merits adjudication. Audited accounts, books, transaction bills, creditor confirmations and supporting statements substantiated the cash deposits and unsecured loans. An inspector's report not confronted to the taxpayer could not wholly displace that evidence under natural justice principles. The additions were consequently confined to an aggregate amount over returned income, with the remaining addition deleted and income to be recomputed.
AI TextQuick Glance (AI)Headnote
Leave-encashment exemption applies under the enhanced retrospective limit, preventing restriction to the former lower threshold.
Leave-encashment received by a non-government employee qualifies for exemption under Section 10(10AA) within the enhanced limit prescribed by Notification No. 31/2023. The enhanced limit applies retrospectively, supported by the explanatory memorandum confirming that no person is adversely affected by retrospective application. Where the factual and legal position remains unchanged, exemption cannot be restricted to the former lower limit. Accordingly, the stated leave-encashment receipt falls within the enhanced exemption threshold.
AI TextQuick Glance (AI)Headnote
Section 54F exemption permits residential investment from other sources when capital-gains deposit and construction-period requirements are satisfied.
Section 54F is a beneficial capital-gains exemption provision that calls for liberal interpretation. Its conditions do not require the cost of a new residential house to be funded exclusively from the sale proceeds of the original capital asset or solely through withdrawals from the capital gains account. Timely deposit of sale consideration in that account meets the statutory deposit requirement. Investment records and municipal tax assessment evidence may establish construction of the residential house within the prescribed three-year period, supporting entitlement to exemption where the remaining statutory conditions are met.
AI TextQuick Glance (AI)Headnote
Stamp-duty-value additions require verification of agreement-date consideration and prescribed non-cash payments before applying the relevant valuation-rule provisos.
Stamp-duty-value addition under Section 56(2)(x) depends on whether, where an agreement date differs from the registration date, consideration was fixed under the prior agreement and paid through a prescribed non-cash mode on or before that date. Evidence of the agreement, payment timing and banking-channel payments requires verification to identify the applicable proviso and appropriate stamp duty value. No merits determination arises until those facts are verified.
AI TextQuick Glance (AI)Headnote
Disclosed business receipts cannot become unexplained credits, but unsupported personal spending differences remain taxable as unexplained expenditure.
Identified commission receipts arising from disclosed business activity cannot be treated as unexplained cash credits merely because they were received in cash, absent material showing a separate undisclosed source; only income embedded in those receipts may be taxed. Cash introduced by a proprietor into a proprietary concern likewise cannot be characterised as unexplained where available business cash supports it, since the concern lacks a separate legal identity. Conversely, unreconciled personal expenditure exceeding recorded withdrawals is taxable as unexplained expenditure where the taxpayer provides no cogent explanation or evidence of an explained source. Accordingly, additions for business receipts and proprietor cash were deleted, while the personal-expenditure addition was sustained.
AI TextQuick Glance (AI)Headnote
Section 54 construction deduction covers eligible construction completed within the prescribed period, excluding pre-transfer land registered in a spouse's name.
Section 54 permits deduction for investment in a new residential house where construction is completed within the prescribed period after transfer of the original house; construction need not commence only after that transfer. Where the plot was acquired before transfer and registered in the spouse's name, its cost was not eligible on the stated facts. Separately ascertainable construction expenditure remained eligible despite exclusion of the land component. Deduction was therefore confined to the eligible construction cost, while the land cost was excluded and the remaining capital gain was taxable.
AI TextQuick Glance (AI)Headnote
Reassessment After Extended Limitation Fails Without Tangible Material and Identified Disclosure Failure in Scrutiny Assessments
Reassessment beyond four years after a completed scrutiny assessment requires recorded reasons that independently establish tangible material indicating income escapement and the taxpayer's failure to make full and true disclosure of material facts. Reasons must stand alone and cannot be supplemented subsequently. Where the original assessment obtained shareholder identities, PANs, confirmations and banking details, alleged accommodation-entry information must reliably link the identified shareholder to the purported entry provider. Shareholders' non-compliance with summons does not cure deficient recorded reasons. Reopening lacked both tangible material and an identified disclosure failure, rendering the reassessment void ab initio.
AI TextQuick Glance (AI)Headnote
Rectification jurisdiction excludes evidence reappreciation and merits review where alleged errors merely challenge an earlier appellate interpretation.
Rectification under section 254(2) is confined to a patent, manifest and self-evident mistake apparent from the record. Previously considered seized material, related-party orders, alleged on-money receipts and precedents on income extrapolation cannot be re-examined merely because an assessee disputes their interpretation or asserts factual parity. The provision does not permit reappreciation of evidence, replacement of a possible view, reconsideration of factual findings or review of appeal merits. No mistake apparent from the record arose, so rectification was declined.
AI TextQuick Glance (AI)Headnote
Related-party expenditure requires fair-market evidence; programme-production withholding, revenue recognition, and commission accrual depend on underlying services.
Related-party advertising expenditure under section 40A(2)(b) requires objective evidence that payment exceeds fair market value; reliable comparable rates shift the evidentiary burden to the Revenue, and the advertising disallowance cannot be sustained without contrary material. Programme production for broadcasting or telecasting falls within contractual work under section 194C rather than professional or technical services under section 194J where the underlying transactions are substantiated. Advertising revenue accrues when an enforceable right to receive arises, not merely on invoice issuance, requiring verification where services span later periods and preventing double taxation. Commission provisions require proof of accrued liability and services rendered, without duplicate disallowance of sums already disallowed for tax-deduction default.
AI TextQuick Glance (AI)Headnote
Equivalent-value attachment under money-laundering law can secure Indian property while residential possession ordinarily remains undisturbed.
Under the Prevention of Money Laundering Act, 2002, attachment may extend to Indian property of equivalent value where alleged proceeds of crime are unavailable abroad, including property acquired before the scheduled offence or asserted to derive from legitimate sources, if no independent untainted source is established. Money laundering is treated as continuing through possession, concealment, use or projection of proceeds; therefore, attachment based on an amendment in force when made does not rest solely on retrospective application. Recorded reasons within a provisional attachment order can satisfy the statutory reason-to-believe requirement without separate disclosure. An attachment appeal does not determine the scheduled offence's merits. Attachment preserves property but ordinarily does not displace residential possession absent exceptional circumstances.
AI TextQuick Glance (AI)Headnote
Reassessment based on misread TDS records fails where original scrutiny considered the material without fresh tangible evidence of escaped income.
Reassessment for AY 2022-23 based on an alleged Section 43B deduction for tax deducted at source was invalid where original scrutiny had examined the relevant expenses, TDS and statutory liabilities. The challenged amount represented TDS on salary and other payments, not expenditure claimed as a Section 43B deduction; leave encashment was separately reported as a smaller deduction. Because the material had been furnished and considered in the assessment under Section 143(3), the reopening rested on a misreading of records, non-application of mind and a change of opinion, without fresh tangible material showing escaped income. The show-cause notice and consequential order were quashed.
AI TextQuick Glance (AI)Headnote
Customs appeal limitation: Article 226 restored a time-barred classification appeal where counsel's medical condition caused exceptional delay.
Section 128 of the Customs Act allows 60 days to file a statutory appeal and permits condonation for only a further 30 days, leaving the Commissioner (Appeals) without power to condone a delay beyond that aggregate period. Where the appeal was delayed by counsel's undisputed medical condition and involved classification of imported goods, Article 226 jurisdiction was invoked exceptionally. The limitation dismissal was set aside, and the appeal was restored for merits adjudication after an opportunity of hearing.
AI TextQuick Glance (AI)Headnote
Extended limitation for customs duty recovery requires evidence of suppression or wilful misstatement; otherwise writ review remains available.
Extended limitation for recovery of short-paid IGST under Section 28(4) of the Customs Act requires material establishing collusion, wilful misstatement, or suppression of facts. Where an importer disclosed the goods, tariff classification, and claimed notification benefit in the Bill of Entry accepted by the proper officer, a later departmental disagreement on classification or exemption eligibility, or a bare allegation, does not establish those jurisdictional facts. Recovery must therefore proceed, if at all, within the applicable limitation period. Availability of an appeal under Section 128 does not bar writ jurisdiction where the statutory preconditions for invoking the extended period are absent or proceedings are patently illegal.
AI TextQuick Glance (AI)Headnote
Customs Broker Abetment Requires Proven Knowledge or Collusion; Penalty Fails and Writ Review Remains Available
Penalty for customs abetment requires material proving a Customs Broker's knowledge of the goods' true nature, conscious participation, or collusion with the exporter. Filing shipping bills, arranging containers, and processing exporter-supplied documents in the ordinary course, without more, do not establish the required mens rea; failure to investigate the goods' source alone is insufficient. An alternative statutory appellate remedy does not automatically preclude writ jurisdiction where the penal finding lacks a factual foundation for culpable abetment. Accordingly, penal liability cannot rest solely on procedural brokerage functions or inadequate further inquiry absent proof of knowing involvement.
AI TextQuick Glance (AI)Headnote
Input tax credit conditional on supplier tax payment remains enforceable; factual demand objections must follow the statutory appeal.
Section 16(2)(c) of the CGST Act makes input tax credit conditional on proof that the supplier paid the charged tax, and the condition is treated as neither arbitrary nor disproportionate; a supplier's default does not justify reading it down. Challenges concerning receipt of goods, supplier tax payment, adequacy of hearing, non-application of mind, statutory overlap, and duplicate demands involve factual or mixed questions. Those objections must be pursued through the statutory appeal, where they remain open for independent determination. A hearing defect is curable and, without a jurisdictional defect, does not justify writ intervention.
AI TextQuick Glance (AI)Headnote
Optical fibre cable classification dispute ends with dismissal following an identical appeal on misclassification, testing, limitation, and refund issues.
Optical fibre cable classification raises issues of alleged misclassification and suppression, sample and test-report evidence, burden of proof, extended limitation, adjudicating authority findings, and refund claims. A Larger Bench ruling, its Supreme Court stay, and Circular No. 12/2006-Cus are identified as relevant. The Civil Appeal was dismissed by reference to the dismissal of an identical appeal involving the same subject matter.
AI TextQuick Glance (AI)Headnote
Settlement application eligibility protects pending assessments from exclusion caused by delayed notices and requires merits-based consideration.
Settlement application eligibility cannot be denied solely because the statutory notice was issued after 31 January 2021 where a live, unadjudicated notice under section 153A or section 143(2) existed when the application was filed by 30 September 2021. Section 245A(b) requires a pending assessment proceeding on the application date, while section 245C permits an application at any stage and does not require eligibility to arise by an earlier date. The CBDT eligibility condition is read down because departmental delay in issuing notices cannot defeat settlement access, and differential treatment of years from the same search lacks a reasonable classification under Article 14. Affected applications must be considered on merits by the Interim Board for Settlement.
AI TextQuick Glance (AI)Headnote
End-use customs concessions fail for scrapped battery cells, requiring full differential duty recovery with interest on assessed import value.
End-use concessional duty for imported lithium-ion cells under the IGCR Rules requires their use in manufacturing the specified battery or battery pack. Manufacture requires emergence of a new product with a distinct nature, character, use or name; cells damaged or rejected and sold as scrap do not meet that condition. Where no prescribed process-loss or wastage tolerance applies, scrapped cells are treated as unutilised or defective goods. Differential duty, being the difference between normal import duty and concessional duty, is recoverable on the imported goods' assessed quantity and value with applicable interest, rather than proportionately to scrap sale proceeds.
AI TextQuick Glance (AI)Headnote
Manufacturer delivery charges within VAT-paid sale price fall outside cargo handling service tax treatment for own goods.
Delivery of a manufacturer's own gases to purchasers through hired transporters, where freight is treated under the goods transport agency category, does not constitute cargo handling service. Collection and delivery charges included in the contractual sale price and subjected to CST/VAT retain their character as sale consideration. Because sales tax/VAT and service tax apply in mutually exclusive fields, the same amount cannot be taxed both as the price of goods and as consideration for cargo handling. Such delivery charges therefore remain outside the charge applicable to cargo handling services.
AI TextQuick Glance (AI)Headnote
Voluntary tax payment under fraud proceedings does not remove statutory interest and penalty liability after allegations remain unchallenged.
Voluntary payment of tax demanded for fraudulent transactions under Section 74 does not remove consequential liability for interest and penalty where the taxpayer neither disputes the original notice nor challenges the basis for invoking Section 74. Acceptance of the tax demand without objection amounts to acquiescence in the notice's allegations and findings, so no further determination of fraud is required. Subsequent proceedings limited to computing and recovering interest and penalty remain valid. Tax payment alone does not establish non-compliance with Section 74(5) or defeat interest and penalty leviable under Section 74(9).

Case Laws

Back

All Case Laws

Showing Results for :
Reset Filters
No Records Found

Case Laws

Back

All Case Laws

2026 (9) TMI 1385 - AT - IBC

Contents
Cases Cited
Ref Provisions New
Summary
Note

Note

-

Bookmark

Print

Print

Fraudulent trading through removal of hypothecated machinery supports unreduced contribution to restore the corporate debtor's depleted assets.
Fraudulent trading may be established under the Insolvency and Bankruptcy Code where cumulative documentary and circumstantial evidence shows that ... Summary

Topics

Acts Income Tax