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
    Input tax credit on IPO fresh-issue expenses is available when proceeds further business, but not for shareholder offer-for-sale costs.
    Speaking orders on reopening objections are mandatory before reassessment, and their omission invalidates the reassessment process.
    Deemed income under Section 69A requires actual unexplained assets, so an Excel-sheet-only addition cannot stand independently.
    Section 153C deemed search date determines validity of proceedings initiated after the statutory cut-off date.
    Reasonable cause for original return non-filing defeats under-reporting penalty when reassessment accepts the returned salary income.
    Section 153C satisfaction requirement invalidates proceedings where the Assessing Officer does not link seized material to taxable income.
    Reassessment limitation bars aggregation of separate cash-payment transactions to meet the statutory threshold for notices beyond three years.
    Unaccounted sales additions cannot rest on extrapolated short-period evidence unrelated to the relevant assessment year without independent corroborat...
    Section 271AAB penalty requires statutory undisclosed income, a specific charge, and timely completion; a search surrender alone is insufficient.
    Transfer-pricing aggregation and notional receivable interest fail where segment risks differ and the taxpayer remains debt-free.
    Scrutiny assessment takes precedence over parallel summary processing, invalidating assessments founded on subsequent prima facie return adjustments.
    Additional evidence requires verification of creditor balances before unexplained cash-credit additions are finally determined for tax purposes.
    Faceless reassessment transfers permit jurisdictional completion, while bank and ELSS evidence defeats disputed tax additions.
    Input tax credit mismatches require proof of fraud or intent before extended assessment provisions can apply.
    Penalty initiation under the wrong statutory regime invalidates a later penalty notice and defeats the resulting levy.
    Slump-sale goodwill qualifies for depreciation, while acquiring only software and intangible assets does not trigger property-transfer withholding.
    Treaty technical-service fees exclude services rendered entirely outside India despite remote delivery to an Indian affiliate
    Section 80P(2) deduction covers co-operative society interest from surplus-fund investments with banks and co-operative institutions.
    Transfer-pricing penalty requires proof of non-compliant arm's length pricing or lack of good faith despite disclosed TNMM methodology.
    Notice to a deceased assessee invalidates assessment when the registered legal heir filed the disclosed return.
❮
❯
❯❯
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
Input tax credit on IPO fresh-issue expenses is available when proceeds further business, but not for shareholder offer-for-sale costs.
Input tax credit on services attributable to the fresh issue component of an initial public offering is available where the net proceeds are used in the course or furtherance of business. Business furtherance includes activities supporting, facilitating, promoting or advancing business, including capital raising for expansion, working capital, repayment of borrowings and general corporate purposes. Such fresh-issue expenses are not treated as blocked credits. Credit attributable to an offer for sale by existing shareholders is unavailable because the sale proceeds do not accrue to the company and the related expenditure is not incurred in furtherance of its business.
AI TextQuick Glance (AI)Headnote
Speaking orders on reopening objections are mandatory before reassessment, and their omission invalidates the reassessment process.
Objections to reopening, once recorded reasons are supplied, must be decided by a separate speaking order before reassessment proceeds under Sections 147 and 144B. Addressing those objections during assessment does not satisfy this mandatory procedural requirement. Failure to issue the prior speaking order constitutes a jurisdictional defect, cannot be cured through remand for fresh consideration, and invalidates the reassessment.
AI TextQuick Glance (AI)Headnote
Deemed income under Section 69A requires actual unexplained assets, so an Excel-sheet-only addition cannot stand independently.
Section 69A permits deemed-income additions only where an assessee is found to own unexplained money, bullion, jewellery or other valuable articles that are not recorded in the books. Excel-sheet entries recovered during a search, without recovery of any such asset from the assessee, do not satisfy those statutory conditions. The addition based solely on those entries was therefore deleted.
AI TextQuick Glance (AI)Headnote
Section 153C deemed search date determines validity of proceedings initiated after the statutory cut-off date.
For section 153C proceedings, the deemed date of search is the date on which the Assessing Officer of the searched person records satisfaction and forwards seized material to the Assessing Officer of the other person. Where that date falls after 1 April 2021, section 153C(3) makes section 153C inapplicable. A notice issued under section 153C in those circumstances lacks statutory authority, as the material-transfer date governs the statutory cut-off.
AI TextQuick Glance (AI)Headnote
Reasonable cause for original return non-filing defeats under-reporting penalty when reassessment accepts the returned salary income.
Penalty for under-reporting or misreporting income is not sustainable where reasonable cause explains the failure to file an original return and no deliberate omission is shown. Personal hardship, divorce proceedings, unemployment during the COVID-19 period, and the visibility of salary income through tax deduction at source supported a bona fide explanation. Filing the return after a reassessment notice, payment of tax and interest, and acceptance of the returned income without variation supported deletion of the penalty.
AI TextQuick Glance (AI)Headnote
Section 153C satisfaction requirement invalidates proceedings where the Assessing Officer does not link seized material to taxable income.
Section 153C requires the jurisdictional Assessing Officer of the other person to independently examine seized material and record satisfaction that it is relevant to determining that person's total income for the relevant assessment year. Reproducing information received from the Assessing Officer of the searched person and merely describing the matter as fit for notice does not meet this mandatory condition. Where the satisfaction record does not identify how the seized material affects the assessee's total income for the impugned year, initiation of Section 153C proceedings lacks valid jurisdiction.
AI TextQuick Glance (AI)Headnote
Reassessment limitation bars aggregation of separate cash-payment transactions to meet the statutory threshold for notices beyond three years.
Reassessment notices issued beyond three years require escaped income in the prescribed form to meet the statutory threshold under Section 149(1)(b). Cumulative expenditure may support assessment-year-wise notices under Section 149(1A) only where it relates to the same event or occasion across multiple previous years. Cash payments connected with distinct quotations or orders, made on different dates for different items, constitute separate events and cannot be aggregated to satisfy that threshold. Third-party seized material did not alter the limitation position where the relevant assessment year lay outside the applicable ten-year search-assessment block. The notices were therefore barred by limitation and quashed.
AI TextQuick Glance (AI)Headnote
Unaccounted sales additions cannot rest on extrapolated short-period evidence unrelated to the relevant assessment year without independent corroboration.
Extrapolation of alleged unaccounted sales from seized loose sheets covering only 41 days and WhatsApp communications relating to a different period requires independent incriminating evidence of similar unrecorded sales during the relevant assessment year. Material dated from 30 December 2021 to 9 February 2022 did not establish continuous unaccounted sales in FY 2020-21. Estimating annual unaccounted sales for AY 2021-22 solely by extending that limited-period material lacked evidentiary support; the estimated addition was therefore unsustainable and its deletion was affirmed.
AI TextQuick Glance (AI)Headnote
Section 271AAB penalty requires statutory undisclosed income, a specific charge, and timely completion; a search surrender alone is insufficient.
Penalty under section 271AAB(1) requires a recorded finding that surrendered income falls within the statutory definition of undisclosed income; a search disclosure alone does not satisfy that requirement. The particular clause and default invoked must be specified in the penalty notice and proceedings, and failure to identify the charge invalidates the penalty process. Where the assessment is appealed, penalty proceedings must be completed within six months of receipt of the appellate order; completion beyond that period is time-barred. These independent defects render the penalty legally unsustainable.
AI TextQuick Glance (AI)Headnote
Transfer-pricing aggregation and notional receivable interest fail where segment risks differ and the taxpayer remains debt-free.
Transfer-pricing benchmarking requires separate evaluation of sub-contract and support-service transactions where separate agreements, functional profiles, risk allocation and audited segmental accounts show they are not closely linked. Support services rendered to an associated enterprise on a cost-plus, limited-risk basis differ from end-to-end sub-contract performance for third-party customers involving market and service-delivery risks; aggregation is therefore inappropriate. Notional interest on outstanding receivables is not sustainable where the entity is debt-free, has interest-free advances from its associated enterprise, holds net payables, and has not used borrowed funds to extend credit.
AI TextQuick Glance (AI)Headnote
Scrutiny assessment takes precedence over parallel summary processing, invalidating assessments founded on subsequent prima facie return adjustments.
Where scrutiny notice under Section 143(2) precedes processing of the return under Section 143(1), parallel summary processing under Section 143(1) is not valid. Assessment must proceed under Section 143(3), rather than adopt a prima facie adjustment made through a subsequent intimation. An assessment founded on such an invalid intimation lacks a sustainable basis; consequently, the Section 143(1) intimation was quashed and the consequential Section 143(3) assessment was set aside.
AI TextQuick Glance (AI)Headnote
Additional evidence requires verification of creditor balances before unexplained cash-credit additions are finally determined for tax purposes.
Rule 46A permits admission of material additional evidence on creditor balances, subject to verification before determining unexplained cash-credit additions. Agricultural income exemption requires proof of agricultural land, operations, receipts and related expenditure; absent adequate particulars, the character of the income requires factual verification. Rebate and discount claims require verification of confirmations and underlying transactions. Whether a reduction in share application money constitutes a refund or a transfer depends on whether shares were allotted, affecting capital-gain treatment. Estimated agricultural expenditure must address explanations regarding prior plantation costs and current maintenance spending. Unsupported agricultural expenditure requires sale bills, evidence of agricultural land use and expense vouchers.
AI TextQuick Glance (AI)Headnote
Faceless reassessment transfers permit jurisdictional completion, while bank and ELSS evidence defeats disputed tax additions.
Faceless reassessment under Section 147 may be transferred on a case-by-case basis from NFAC to the Jurisdictional Assessing Officer, who may validly complete it; the draft-order procedure under Section 144B does not apply where that officer completes the reassessment. A deduction for political contributions may be disallowed where investigation material, banking trail and the recipient political party's identified modus operandi support disallowance. Detailed bank narration of receipts and repayments can explain disputed credits and preclude treatment as unexplained money. Ledger evidence of ELSS mutual-fund investment supports a claimed Section 80C deduction.
AI TextQuick Glance (AI)Headnote
Input tax credit mismatches require proof of fraud or intent before extended assessment provisions can apply.
Section 74 may be invoked for an input tax credit mismatch only where fraud, wilful misstatement, or suppression of facts with intent to evade tax is established. A mismatch between GSTR-3B and auto-populated GSTR-2A, without facts demonstrating those statutory ingredients, does not support proceedings under Section 74, particularly where invoices and a supplier certificate are on record. The tax determination requires reconsideration under Section 73.
AI TextQuick Glance (AI)Headnote
Penalty initiation under the wrong statutory regime invalidates a later penalty notice and defeats the resulting levy.
Penalty under section 271AAC(1) could not be sustained where the assessment order repeatedly recorded satisfaction for misreporting of income and initiated penalty proceedings under section 270A. The two penalty regimes are not interchangeable because section 271AAC(2) excludes section 270A penalty for income covered by section 271AAC(1). A subsequent notice under section 274 cannot retrospectively replace the statutory basis or satisfaction recorded in the assessment order. Failure to provide a meaningful hearing, where electronic registration and postal service were unsuccessful, also breached section 274. The penalty was therefore invalid and liable to deletion.
AI TextQuick Glance (AI)Headnote
Slump-sale goodwill qualifies for depreciation, while acquiring only software and intangible assets does not trigger property-transfer withholding.
Excess consideration paid to acquire a software division as a going concern under a slump sale was treated as goodwill attributable to transferred software, licences, business rights and other intangible value, making it eligible for depreciation under section 32(1)(ii). Acquisition of computer systems and intangible business assets without land or buildings did not constitute a transfer of immovable property; consequently, no withholding obligation arose under section 194-IA and no related disallowance under section 40(a)(ia) applied. The excess was recorded as goodwill rather than charged to profit and loss, and its contractual source and commercial basis excluded treatment as unexplained expenditure under section 69C.
AI TextQuick Glance (AI)Headnote
Treaty technical-service fees exclude services rendered entirely outside India despite remote delivery to an Indian affiliate
Article 12(4) of the India-China Double Taxation Avoidance Agreement covers consideration for managerial, technical or consultancy services provided by a resident of one Contracting State in the other Contracting State. Management and technical services rendered from China to an Indian affiliate, where the Chinese resident has no permanent establishment in India, fall outside that definition. Delivery through email, conference calls and video conferencing does not constitute physical rendition of services in India without a specific treaty or legal provision. Consequently, the fees do not constitute fees for technical services under Article 12(4).
AI TextQuick Glance (AI)Headnote
Section 80P(2) deduction covers co-operative society interest from surplus-fund investments with banks and co-operative institutions.
Section 80P(2) permits a co-operative society to claim a deduction for interest income. The deduction extends to interest earned from investing surplus funds with co-operative banks, other co-operative societies, and nationalised banks. Coordinate-bench decisions support this treatment, and interest received from those investments qualifies for deduction where the society's claim falls within that established position.
AI TextQuick Glance (AI)Headnote
Transfer-pricing penalty requires proof of non-compliant arm's length pricing or lack of good faith despite disclosed TNMM methodology.
Explanation 7 to Section 271(1)(c) requires assessment of whether the arm's length price was determined under Section 92C and whether the taxpayer acted in good faith and with due diligence. Use of the transactional net margin method, coupled with disclosure of filters, comparables and operating-margin computations in a transfer-pricing study, supports compliance where no finding establishes a departure from the statutory framework or lack of good faith. Methodological differences over the profit-level indicator or treatment of operating items, without false or inaccurate particulars, do not sustain a transfer-pricing penalty.
AI TextQuick Glance (AI)Headnote
Notice to a deceased assessee invalidates assessment when the registered legal heir filed the disclosed return.
Section 143(2) requires a valid notice as a jurisdictional condition for an assessment under Section 143(3). Where a return discloses the taxpayer's death, is filed by a registered legal heir, and that registration is approved before notice issuance, notice addressed to the deceased person is invalid. Such defective service creates a jurisdictional defect rather than a curable irregularity, rendering the resulting assessment proceedings without legal validity.

Case Laws

Back

All Case Laws

Showing Results for :
Reset Filters
No Records Found

Case Laws

Back

All Case Laws

2026 (9) TMI 2032 - AT - Income Tax

Contents
Cases Cited
Ref Provisions New
Summary
Note

Note

-

Bookmark

Print

Print

Unexplained cash deposits require verification of fresh evidence before an addition can be sustained under tax law.
Section 69A addition for unexplained cash deposits requires fresh adjudication where confirmations and affidavits on catering receipts and inherited ... Summary

Topics

Acts Income Tax