Loading...

⚠ โœ•
❮ Top
☎ Help
Draft upto 3 replies to a
tax notice โ€” FREE ๐ŸŽ‰ โœ•

150 credits ยท 30 days

โ€ข Basic Search โ†’ 1 Credit
โ€ข Advanced Search โ†’ 3 Credits
โ€ข Drafter โ†’ 20 to extract + 25 per issue
(โ‰ˆ upto 2-3 drafts on us)

Already used our earlier 20-Credit Demo?
You are still eligible for this new 150-Credit Demo.

Activate your FREE Demo โ†’
☰
×

By creating an account you can:

Logo TaxTMI
Call Us / Help / Feedbackโœ•

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 โœ•
  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
โ•ณ
Add to...
You have not created any category. Kindly create one to bookmark this item!
โœ•
Create New Category
Hide
Title :
Description :
❮❮ Hide
❮ Default View
Expand ❯❯
Close โœ•
🔎 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, 2025โ€“26, or 2025โ€“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
Bank securities valuation permits revaluation losses, while non-rural bad debts remain deductible independently of rural-advance provisions.
Government securities held by banks, including securities retained to maturity, constitute stock-in-trade. Such securities must be valued at cost or market value, whichever is lower, so any diminution on revaluation is allowable. Actual bad-debt write-offs concerning non-rural advances are separately deductible and need not be reduced by a provision for bad and doubtful debts relating to rural advances. The restriction on write-off deductions prevents double deduction only for rural advances, preserving full deductions for non-rural bad debts.
AI TextQuick Glance (AI)Headnote
Pending insolvency proceedings left tax appeal questions unanswered while the Department pursued its protected claim in settlement proceedings.
Pending Supreme Court proceedings concerning a settlement plan required the Department to establish its tax claim within those proceedings. The claim had not been extinguished, compromised, or adjudicated through the settlement process, while asset attachment and deposit of sale proceeds protected the Department's interests. Consequently, the admitted substantial questions in the tax appeals remained unanswered, and the appeals were disposed of with liberty to seek revival if necessary.
AI TextQuick Glance (AI)Headnote
PAN-mapped share transaction errors invalidate reassessment when authorities initiate action without verifying the taxpayer's particulars.
Reassessment proceedings founded solely on alleged share-sale information cannot be sustained where the information was incorrectly mapped to the taxpayer's PAN and actually concerned another person. A notice and order initiated without verifying the taxpayer's particulars, particularly merely to meet a limitation deadline, lack a valid factual basis. Reliance on admittedly incorrect third-party information constitutes a colourable exercise of power, rendering the reassessment action legally unsustainable.
AI TextQuick Glance (AI)Headnote
Statutory service requirements determine appeal limitation, while a filing deadline falling Sunday extends to the next working day.
Service of Customs appellate orders through registered post or speed post with acknowledgement due is required for limitation to commence. A Document Identification Number authenticates an order but does not establish its electronic upload or valid service. Where prescribed service was not proved, limitation for second appeals ran from actual receipt, making the appeals timely. Where the final day for filing first appeals fell on a Sunday, the Limitation Act permitted filing on the next working day, so the first appeals remained maintainable. The demands require determination on merits at the first appellate stage.
AI TextQuick Glance (AI)Headnote
Agricultural land recorded and used for farming is excluded from wealth-tax assets under the retrospective amended definition.
Agricultural land classified as such in revenue records and actually used for agricultural purposes falls outside taxable wealth-tax assets under Explanation 1(b) to Section 2(ea) of the Wealth-tax Act, 1957. The Finance Act, 2013 inserted this exclusion retrospectively from 1 April 1993. Where both revenue classification and actual agricultural use are satisfied, the fact that construction may not have been legally prohibited does not determine asset status under the amended definition.
AI TextQuick Glance (AI)Headnote
Reassessment approval beyond the prescribed period must come from the competent senior authority, or the proceedings fail.
Reassessment for Assessment Year 2017-18 initiated more than three years after the end of the relevant year required approval under section 151(ii) from the Principal Chief Commissioner, Principal Director General, Chief Commissioner, or Director General, as applicable. Approval by the Principal Commissioner was not granted by the specified authority for that elapsed period. The resulting order under section 148A(d), notice under section 148, and consequential reassessment proceedings were therefore invalid and liable to be quashed.
AI TextQuick Glance (AI)Headnote
Show-Cause Notice Limits Prevent Tax and Penalty Confirmation Beyond Proposed Demands, Requiring Fresh Adjudication After Jurisdictional Breach
Section 75(7) of the UP GST and CGST Acts prohibits an adjudicating authority from confirming tax or penalty beyond the amount proposed in the show-cause notice. Confirmation of a penalty exceeding the notice amount is a jurisdictional defect, rendering the adjudication order invalid. The order was set aside and remitted for fresh adjudication after the assessee is given an opportunity of hearing.
AI TextQuick Glance (AI)Headnote
Clean-slate liquidation sales bar reassessment on extinguished liabilities, while undisclosed grounds cannot support reopening proceedings.
Clean-slate going-concern sales in liquidation extinguish prior liabilities and investigations, preventing reassessment from being founded on those historical liabilities. Reopening for alleged cessation of interest liability requires a factual basis: where interest was not claimed as a deduction and the liability has not ceased, the alleged escapement of income lacks support. Reassessment proceedings must also remain confined to grounds stated in the show cause notice; introducing bogus-purchase allegations only in the subsequent order denies an opportunity to respond, breaches natural justice, and indicates non-application of mind. These principles support invalidation of the reassessment.
AI TextQuick Glance (AI)Headnote
Delay condonation must be heard before revocation merits are considered, invalidating premature rejection and appellate review.
Condonation of delay in seeking revocation of cancelled GST registration requires examination of the justification for delay and a meaningful opportunity of personal hearing. Rejecting the condonation application before the scheduled hearing, while deciding the merits of the underlying revocation request, exceeded the scope of the proceeding. Appellate review of the delay-condonation issue likewise could not determine the revocation application on merits. The rejection order, appellate order and show-cause notice were quashed, with fresh proceedings required in accordance with law.
AI TextQuick Glance (AI)Headnote
Adjournment of resolution-plan approval was refused where the replacement request was withdrawn and creditors had unanimously approved the plan.
Adjournment of resolution-plan approval proceedings was unwarranted once the application seeking replacement of the resolution professional had been withdrawn. The resolution-plan approval application, unanimously approved by the Committee of Creditors, was unrelated to the replacement request. Prolonged insolvency proceedings, repeated interlocutory applications, an unsuccessful settlement proposal, and an undertaking to cooperate in expeditious hearings further supported refusal of a further adjournment. The refusal and associated costs remained effective, while adverse remarks against counsel were not to operate to counsel's prejudice.
AI TextQuick Glance (AI)Headnote
Liquidation estate recovery permits liquidators to continue eviction proceedings against occupants lacking valid enforceable tenancies.
Liquidators may continue eviction proceedings initiated by resolution professionals where recovery and protection of corporate-debtor assets is required for liquidation. Property owned by the corporate debtor forms part of the liquidation estate and must be brought under the liquidator's custody and control for preservation and realisation. Unregistered long-term leases cannot establish their terms in evidence, while non-payment of rent and connections with suspended management may support a finding of unauthorised occupation. Recovery of estate assets falls within the Adjudicating Authority's insolvency jurisdiction. Inconsistent rent-control procedures yield to the Insolvency and Bankruptcy Code where occupation lacks a valid enforceable tenancy.
AI TextQuick Glance (AI)Headnote
Provisional release of detained imports may proceed with duty payment, partial bank guarantee and bond safeguarding differential duty.
Provisional release of detained imported goods under section 110A of the Customs Act, 1962 may be granted pending adjudication where adequate safeguards protect recovery of differential duty. Payment of duty on the declared value, a bank guarantee for 30% of the differential duty, and a personal bond for the remaining 70% sufficiently secure revenue interests. Continued detention is unwarranted once these conditions are met, and the goods are to be released provisionally subject to compliance.
AI TextQuick Glance (AI)Headnote
Mandatory limitation for customs broker revocation begins when complete show-cause materials constitute the offence report.
Regulation 17(1) requires a customs broker revocation notice within 90 days of the licensing authority receiving an offence report. Where no separate investigation report exists, Customs Act show-cause notices and their relied-upon documents constitute that report if they contain the investigation summary and prima facie allegations. The licensing authority cannot defer the mandatory period by later seeking documents already annexed to the notices. A notice issued after the prescribed period leaves no statutory authority to revoke the licence; revocation must be set aside and the licence restored.
AI TextQuick Glance (AI)Headnote
Tax-dues quantification through a bank lien notice can establish eligibility for relief under the Scheme.
Written communication quantifying service-tax dues before the applicable cut-off can satisfy the Scheme's quantification requirement. Section 121(r) of the Finance Act, 2019 treats written communication of duty payable as quantification, while the applicable circular includes letters intimating a duty demand. A pre-cut-off notice issued to a bank under Section 87(b) of the Finance Act, 1994, specifying outstanding service-tax liability and creating a lien over the assessee's account, constituted valid quantification. Separate quantification of interest was not required, and addressing the notice to the bank did not affect its legal consequence for the assessee's Scheme eligibility.
AI TextQuick Glance (AI)Headnote
Show-cause notice limits GST refund proceedings; new appellate grounds require fresh adjudication with a fair hearing.
Show-cause notice defines the permissible scope of GST refund proceedings. An appellate authority cannot sustain rejection by introducing grounds under the GST Rules that were not alleged in the notice without giving the claimant an opportunity to respond. Reliance on new grounds breaches principles of natural justice, requiring consideration of a comprehensive reply, a hearing, and a reasoned speaking order. The refund rejection and appellate order were set aside, with entitlement to refund left for fresh adjudication.
AI TextQuick Glance (AI)Headnote
Budgetary-support benefit curtailment claims proceed through formal representations rather than independent review of the notification.
Challenges to curtailment of benefits under the budgetary-support scheme were governed by an earlier precedent applying a Supreme Court ruling. Rather than independently examining the validity of the notification, affected claimants were permitted to submit representations to the State Government and the GST Council. Their claims are to be considered in accordance with law, and the writ petition was disposed of with liberty to pursue that route.
AI TextQuick Glance (AI)Headnote
Monetary threshold discretion allows refusal of GST penalty appeals where the determined penalty falls within the prescribed limit.
Section 112 of the Central Goods and Services Tax Act, 2017 permits a person aggrieved by an order under section 107 to appeal to the Appellate Tribunal. Section 112(2) separately authorises the Tribunal to decline admission where the tax, input tax credit, fine, fee or penalty determined by the impugned order does not exceed fifty thousand rupees. Applying that discretion, the appeal concerning a penalty at the threshold was refused admission.
AI TextQuick Glance (AI)Headnote
MEIS reward declaration errors require EDI correction and DGFT transmission so curable procedural lapses do not defeat export benefits.
MEIS benefit remains available where an exporter inadvertently marked the Reward declaration as "N" rather than "Y" in EDI shipping bills, provided the error is rectified. Section 149 of the Customs Act and Clauses 5 to 7 of Public Notice No. 30/2023 permit transmission of relevant shipping-bill records from the Customs backend to DGFT. A genuine exporter's substantive entitlement under a beneficial export-incentive scheme should not be defeated by a curable procedural or technological error. The EDI records must be corrected to "Y" and the amended shipping bills transmitted to DGFT to implement the MEIS benefit.
AI TextQuick Glance (AI)Headnote
Minimum Import Price Rules Cannot Displace Declared Value for Goods Bonded Solely for Re-export or Trigger Confiscation
Minimum Import Price restrictions do not apply to goods placed in bonded warehousing solely for re-export where no intended diversion to home consumption is shown. A policy-based minimum price, without evidence of additional consideration, under-invoicing, concealment, or discrepancy, cannot alone displace the declared transaction value. Comparable import data cannot sustain value redetermination once that premise fails. In the absence of deliberate misdeclaration or mala fide undervaluation, goods are not liable to confiscation, redemption fine, or penalty. Such transactions retain their character as bonded warehousing for re-export rather than imports for domestic consumption.
AI TextQuick Glance (AI)Headnote
Electricity transmission charges retain excluded status when SLDC and network access are inseparable from coordinated grid operations.
SLDC charges and charges for use of transmission networks under short-term and medium-term open access form integral components of electricity transmission and distribution when inseparable from grid scheduling, monitoring, supervision and control. They fall within the Service Tax exclusion for transmission or distribution of electricity; separate tariffs or accounting do not make them independent services under the bundled-services rule. The extended limitation period requires fraud, collusion, wilful misstatement, suppression, or contravention intended to evade tax. Recorded receipts and an interpretative taxability dispute do not establish those conditions, rendering demands beyond the normal period unsustainable.

Case Laws

Back

All Case Laws

Showing Results for :
Reset Filters
No Records Found

Case Laws

Back

All Case Laws

2026 (9) TMI 1653 - AT - GST

Contents
Cases Cited
Ref Provisions New
Plus +
Summary
Note

Note

-

Bookmark

Print

Print

Statutory show cause notice under GST is indispensable; electronic summaries and correspondence cannot sustain tax, interest, or penalty demands.
Service of a statutory show cause notice is mandatory before tax, interest, and penalty may be determined under Section 74. The notice must state the ... Summary

Topics

Acts Income Tax