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
Self-generated trademark sale escapes capital gains where acquisition cost is unascertainable before retrospective deeming rules apply.
Pre-amendment consideration for the sale of self-generated trademarks and trade brands is capital in nature but is not chargeable to capital gains where the cost of acquisition and improvement is unascertainable and no retrospective deeming rule applies. A dissolution clause providing indefinite, profit-linked payments may assign user rights rather than transfer ownership; subsequent consideration for ownership rights is therefore not royalty, annuity, or income from other sources. An arbitral award determining ownership and entitlement binds its parties unless evidence supports a colourable or non-genuine arrangement. Where the related tax addition does not survive, concealment penalty is not leviable.
AI TextQuick Glance (AI)Headnote
Sufficient cause for customs appeal delay requires litigant vigilance; vague explanations and exclusive reliance on counsel fail.
Sufficient cause under limitation law requires a credible, bona fide explanation, particularly where delay is inordinate; condonation cannot be granted mechanically despite negligence, inaction, or lack of diligence. Receipt of the order by counsel, a vague explanation for prolonged delay, and the litigant's failure to pursue the proceeding while continuing business activity showed insufficient vigilance. A litigant must monitor its litigation and cannot attribute the entire delay to counsel. On those facts, refusal to condone the customs appeal delay was justified, and no substantial question of law arose.
AI TextQuick Glance (AI)Headnote
Burden of proving smuggling remains with Revenue for non-notified goods, making penalty unsustainable in betel nut seizure disputes.
Section 123 of the Customs Act places the statutory burden of proof on the relevant party only for notified goods. As the seized betel nuts were neither prohibited nor notified goods, the Revenue bore the burden of establishing that they were smuggled. That burden was not discharged on materially identical facts arising from the same adjudication order. The penalty was therefore unsustainable because smuggling of the seized goods remained unproved.
AI TextQuick Glance (AI)Headnote
Independent fiscal offences permit prosecution for delayed returns or knowingly false tax statements without prior assessment or quantified evasion.
Fiscal prosecution may proceed without prior assessment or quantified tax evasion where an offence independently concerns delayed filing of a mandatory wealth-tax return or a knowingly false income-tax statement. Section 35B treats willful non-filing by the prescribed due date as a prima facie basis for cognizance; subsequent filing does not cure the alleged default, and culpable mental state requires trial-stage consideration. Section 279 requires prior sanction, while Section 277 penalises statements knowingly believed false. Prima facie material linking undisclosed foreign-company associations or investments with contrary denials may support prosecution without prior assessment or tax quantification. Defences on merits are to be examined at trial.
AI TextQuick Glance (AI)Headnote
Amended show-cause notices alleging suppression require a reply, hearing, and reasoned determination while jurisdictional objections remain open.
Challenges to amended show-cause notices under Section 74 alleging suppression should proceed through the statutory response process rather than writ adjudication at that stage. The noticee must file a reply, after which the authorities must provide a hearing and issue a reasoned order in accordance with law. Jurisdictional and other legal questions remain open for consideration.
AI TextQuick Glance (AI)Headnote
GST registration revocation after return filing requires a fresh application and a reasoned statutory decision by the competent authority.
GST registration cancelled for non-filing of returns was not finally adjudicated for validity or for entitlement to revocation after the taxpayer filed the outstanding returns. The taxpayer was permitted to submit a revocation application within two weeks. The competent authority must consider that application and issue a reasoned order in accordance with law.
AI TextQuick Glance (AI)Headnote
Input tax credit eligibility survives a supplier's retrospective registration cancellation when statutory conditions at supply and tax-payment requirements are met.
Input tax credit eligibility is assessed when invoices are issued by a supplier shown as registered with a valid GSTIN, rather than being automatically defeated by later retrospective cancellation of that registration. Retrospective cancellation preserves the supplier's prior tax liability but does not itself invalidate earlier invoices or withdraw recipient credit. Actual tax payment may be evidenced by GSTR-2A and filed GSTR-3B where payment is admitted. A demand cannot be sustained on alleged non-payment or doubts concerning supplies where those grounds were absent from the show cause notice and the recipient's evidence remains unchallenged. Credit requires statutory conditions to be met at the time of supply; cancellation may justify inquiry but not automatic denial.
AI TextQuick Glance (AI)Headnote
Release of detained jewellery remains available despite a pending departmental revision where no interim stay operates.
Detained jewellery may be considered for release despite a pending departmental revision where no revisional order or interim stay suspends the Order-in-Appeal. Mere non-receipt of the revisional order does not prevent release in those circumstances. Release remains subject to the final outcome of the revision and compliance with the conditions imposed in the Order-in-Appeal. On timely compliance with those conditions, the release request must be considered within two weeks.
AI TextQuick Glance (AI)Headnote
Bill-of-lading shipment date governs steel import exemption, while ARN applications follow the separate arrival-based registration window.
Steel imports shipped on board on or before 30 June 2026 qualify for the Quality Control Order exemption where the bill of lading records that shipment date. Automatic Registration Number applications remain governed by the separate arrival-based registration window: no earlier than 60 days and no later than three days before expected arrival, with 75-day validity. The framework does not require ARN generation by 30 June 2026; imposing that additional deadline conflicts with the express exemption and registration conditions. Denial on that basis is invalid.
AI TextQuick Glance (AI)Headnote
Consignee status alone cannot establish customs penalty liability without admissible evidence of importer status, knowledge, or abetment.
Personal penalties for improper import require proof that a noticee was an importer or owner, or committed or abetted the act rendering goods liable to confiscation with the requisite knowledge. A consignee merely named in a bill of lading, who filed no bill of entry and did not claim ownership, does not incur such liability without reliable corroborative evidence. Electronic correspondence must satisfy statutory safeguards governing electronic records, and an untested shipping manager's statement without cross-examination cannot establish knowing participation. In rem confiscation of offending goods remains distinct from personal penal liability.
AI TextQuick Glance (AI)Headnote
Electric steering-lock classification as a motor-vehicle accessory preserves preferential duty treatment and defeats reclassification-based penalties.
Electric steering-lock assemblies that immobilise a vehicle after operation for anti-theft purposes are accessories, rather than integral steering-system parts, where they neither transmit steering force nor control vehicle direction. They fall under the residual motor-vehicle parts and accessories entry, rather than the specific entry for steering wheels, steering columns or steering boxes. Revenue must support reclassification with cogent technical evidence. Where the declared description is complete and the classification dispute is bona fide, denial of preferential duty, differential duty, confiscation, redemption fine, extended limitation and penalties do not arise from the rejected reclassification.
AI TextQuick Glance (AI)Headnote
Alternative classification claims require merits adjudication in differential-duty proceedings, while unavailable goods and interpretational disputes preclude fine and penalty.
Properly raised alternative classification and connected exemption claims must be decided on merits in differential-duty proceedings to determine the legally correct duty assessment; any resulting duty liability is confined to the normal period. Redemption fine is unsustainable where goods have already been cleared for home consumption and are unavailable for confiscation. Penalty for customs evasion is also unsustainable where a classification or exemption dispute is interpretational and lacks misdeclaration, suppression, wilful intent, or other deliberate conduct to evade duty. Unresolved classification and exemption entitlement require fresh merits determination.
AI TextQuick Glance (AI)Headnote
Reliable Evidence for Customs Penalties in Misdeclared Imports Requires Proof of Knowledge, Intentional Involvement, and Tested Statements.
Customs penalties for acts rendering imported goods liable to confiscation require reliable evidence of knowledge, abetment, or intentional involvement. Statements of co-accused relied on in adjudication must undergo the process prescribed by Section 138B; uncorroborated statements without cross-examination are not reliable evidence. Printed WhatsApp-chat data recovered from a seized mobile phone likewise requires cogent evidentiary support. In the absence of independent proof that a person knew the container contents, abetted the prohibited or misdeclared import, or knowingly used a false declaration or document, the essential requirements for penalties under Sections 112(a)(i), 112(a)(ii), and 114AA are not met.
AI TextQuick Glance (AI)Headnote
CENVAT credit use during payment defaults cannot be restricted through a cash-only duty payment requirement.
Rule 8(3A) had been declared ultra vires, so a manufacturer could not be compelled to pay excise duty exclusively in cash or be prevented from using CENVAT credit during a default period. Where defaulted duty was subsequently paid with interest, denial of CENVAT-credit utilisation and a demand based on that restriction were impermissible. CENVAT credit therefore remained available for duty payments despite the payment default.
AI TextQuick Glance (AI)Headnote
Refund limitation for stolen goods runs from judicial release, making a timely duty refund claim allowable.
Refund limitation for duty paid on stolen goods runs from the judicial release order returning the recovered goods, rather than from the date of duty payment. Where stolen goods could not be used in manufacture and were subsequently recovered, the release order created the cause of action for seeking a refund. A claim filed within one year from that order falls within the statutory limitation period and is allowable.
AI TextQuick Glance (AI)Headnote
Residual tax classification treats bundled mobile chargers and printer consumables as separately taxable unspecified goods.
Under the Bihar VAT framework, mobile chargers supplied with cellular phones in a single-MRP composite pack are separately identifiable accessories taxable under the residual entry. Toner and cartridges are consumable goods, rather than computer peripherals or qualifying parts and accessories, and are likewise subject to residual taxation; the express exclusion from printing ink supports that treatment. Entry-tax set-off depends on actual VAT liability from sale or manufacture and sale, while closing stock does not generate set-off for that year. D-IX discrepancies require proof of actual suppression or misuse. Interest must be recomputed after fresh determination of remanded factual claims, and procedural objections require proof of actual prejudice.
AI TextQuick Glance (AI)Headnote
Section 9 Interim Protection Requires Security Where Financial Distress Creates Serious Risk of Insufficient Assets for Arbitration Award Execution.
Section 9 interim protection may secure a monetary claim pending arbitration where objective material shows a strong possibility that assets available for execution will diminish or prove insufficient. A prima facie case arose from accepted supplies, outstanding-balance correspondence, balance confirmation and payment assurances, notwithstanding reconciliation, credit-note, rebate, interest and dishonoured-cheque disputes reserved for arbitration. Substantial losses, negative reserves, borrowings, trade payables, limited cash and encumbered immovable assets supported the risk assessment. Section 9 is preventive and does not require proof of dishonest intent. Security of the disputed amount by court deposit or bank guarantee preserves the claim without constituting pre-award recovery.
AI TextQuick Glance (AI)Headnote
Amended show-cause notice jurisdiction remains open pending reply, hearing, and determination of suppression allegations under GST law.
Validity and jurisdiction of an amended show-cause notice alleging suppression under section 74 of the CGST and UPGST Acts remain undecided. The notice recipient may submit a reply to the amended notice. The competent authority must determine the suppression allegations after providing a hearing. All questions of law, including whether the amended notice falls within the authority's jurisdiction, remain open for consideration at the adjudication stage.
AI TextQuick Glance (AI)Headnote
Rectification of customs orders cannot reopen penalty findings requiring fresh evidence review or a different legal interpretation.
Rectification of a final customs order is confined to self-evident mistakes apparent from the record and cannot be used to rehear the appeal or adopt another possible view. Challenges to a penalty based on the furnishing of non-transferable licences, end-use bonds and bank guarantees-including objections on importer status, misdeclaration, show-cause notice scope and the applicability of the penal provision-require fresh examination of evidence and legal consequences. Such challenges concern the correctness of the concluded penalty finding and must be pursued through appellate review rather than rectification.
AI TextQuick Glance (AI)Headnote
Customs valuation requires reliable electronic evidence; unsupported extrapolation could not sustain undervaluation demands or related penalties.
Customs valuation requires sustainable reasonable doubt before declared transaction value can be rejected, followed by sequential application of prescribed valuation rules to each import. Unverified mobile-phone records, selectively relied-on spreadsheets and invoices, uncorroborated statements, and extrapolation from other transactions do not provide reliable admissible grounds for undervaluation demands, particularly where contemporaneous-import data is disregarded. Accordingly, valuation-based differential duty, interest and penalties were unsustainable. Failure to authenticate certificates of origin justified denial of preferential tariff treatment, leaving duty and interest payable for affected imports; however, absent evidence of importers' knowledge, involvement or collusion, related penalties were unsustainable.

Case Laws

Back

All Case Laws

Showing Results for :
Reset Filters
No Records Found

Case Laws

Back

All Case Laws

2006 (10) TMI 228 - HC - Companies Law

Contents
Cases Cited
Ref Provisions New
Summary
Note

Note

-

Bookmark

Print

Print

Sickness-law moratorium bars winding-up and settlement enforcement until rehabilitation proceedings permit recovery through the statutory process.
Registration of a sick industrial company's reference under the rehabilitation law triggers the statutory stay under section 22(1), preventing ... Summary

Topics

Acts Income Tax