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
E-way Bill Part-B Omissions Require Proven Tax Evasion and a Speaking Penalty Adjudication Before Sanction
Section 129 penalty cannot rest solely on an unfilled Part-B of an e-way bill where invoices and Part-A particulars are genuine, the transaction is tax-paid and identifiable, and no intention to evade tax is established. A technical documentation lapse requires assessment of surrounding facts and does not mechanically attract penal consequences. A final speaking order in Form GST MOV-09 must quantify tax and penalty after considering objections and providing a hearing. Non-issuance of that mandatory adjudicatory order prejudices statutory rights and invalidates the penalty demand.
AI TextQuick Glance (AI)Headnote
E-way bill Part-B non-updating alone cannot support detention penalties without evidence of intended tax evasion.
Section 129(3) penalty is directed at intentional tax evasion rather than an inadvertent clerical or portal-related lapse in e-way bill compliance. Non-updating of Part-B, by itself, does not establish an attempt to evade tax where the tax invoice, Part-A e-way bill, goods particulars and underlying transaction are genuine and properly accounted for. Manual check-post precedents are distinguishable in the digital GST framework. Revenue must record and support a positive finding of intent to evade tax before imposing a penalty; absent such evidence, Part-B non-updating alone cannot sustain penal action.
AI TextQuick Glance (AI)Headnote
Section 129 Penalties Require Proven Tax Evasion Intent, Not Mere E-Way Bill Expiry From Clerical Pin-Code Errors
Section 129 of the CGST Act is a machinery provision aimed at preventing tax evasion, requiring proof of intent before a transit-related penalty is imposed. Departmental instructions distinguish substantive contraventions from minor procedural lapses. Where goods matched the accompanying e-way bill and delivery challan on physical verification, an incorrect consignor pin code that shortened the recorded distance and caused e-way bill expiry did not establish tax-evasion intent. In those circumstances, invocation of Section 129 and the consequential penalty were unjustified.
AI TextQuick Glance (AI)Headnote
Bank account holds require legal authority and due process; tax-department intimation alone cannot justify restricting account operations.
Income-tax proceedings alone do not justify automatically withholding an assessee's bank accounts. A bank account hold based solely on an Income Tax Department intimation, without prior enquiry, due process, or identified statutory or regulatory authority, lacks a demonstrated legal basis. The direction to hold two accounts was set aside and the accounts were restored to operational status. The validity of the underlying income-tax proceedings and penalty remained unresolved.
AI TextQuick Glance (AI)Headnote
Reassessment limitation under the saving proviso bars new-regime notices after the earlier six-year period expires.
The first proviso to section 149(1)(b) retains the limitation period under the earlier reassessment regime for assessment years up to 2021-22. A notice under the new regime cannot be issued once the corresponding six-year period available under the earlier regime has expired. For assessment year 2016-17, the six-year period ended on 31 March 2023; a reassessment notice issued on 31 August 2024 was therefore time-barred. The reassessment proceedings were barred by limitation, resulting in quashing of the section 148A(d) order and section 148 notice.
AI TextQuick Glance (AI)Headnote
Section 54F investment deadline excludes COVID-19 limitation period, preserving residential-property capital-gains exemption despite delayed purchase.
Section 54F exemption remained available where the purchase of a new residential flat occurred after the prescribed two-year period because the entire seven-month and eighteen-day delay fell within the COVID-19 limitation exclusion period. The original asset's sale, the stamp-duty valuation used for capital-gains computation, and the genuineness of the flat purchase were undisputed. As a beneficial provision, section 54F requires liberal interpretation, and a delay caused by circumstances beyond the assessee's control during the excluded pandemic period did not defeat the substantive exemption claim.
AI TextQuick Glance (AI)Headnote
Leave-encashment exemption enhancement applies to earlier assessment years, extending the revised retirement benefit limit to pending claims.
Section 10(10AA)(ii) exempts leave encashment received on retirement. The increased exemption ceiling of Rs. 25 lakh, notified on 24 May 2023 in place of the earlier Rs. 3 lakh limit, is characterised as a beneficial and remedial rationalisation rather than a new exemption. On that basis, the enhanced ceiling applies to pending claims for Assessment Year 2020-21 without impairing any vested revenue right, rendering the retirement leave-encashment receipt exempt.
AI TextQuick Glance (AI)Headnote
Sufficient cause for condoning delayed tax appeals requires a substantiated explanation, not jurisdictional error, record movement, or unpleaded COVID-19 claims.
Condonation of delay under Section 5 of the Limitation Act requires a satisfactory, pleaded explanation establishing sufficient cause. Earlier filing before a court without territorial jurisdiction and administrative movement of records do not, by themselves, justify prolonged delay. A COVID-19 ground not pleaded in the supporting affidavit cannot support condonation. Negligence, inaction, and lack of bona fides are inconsistent with sufficient cause.
AI TextQuick Glance (AI)Headnote
Comparable Uncontrolled Price benchmarking rejects estimated lending-rate premiums and controlled transactions for related-party loan interest adjustments.
Comparable Uncontrolled Price benchmarking requires an identifiable uncontrolled transaction adjusted for material differences; a bank prime lending rate plus an estimated premium, and controlled related-party transactions, cannot supply the benchmark. Secured bank borrowing and unrelated unsecured loans supported the related-party interest rate, leaving no transfer-pricing adjustment. Where own interest-free funds exceed investments or advances and the Revenue does not prove diversion of borrowings, the interest-free funds presumption removes interest disallowance under rule 8D and for interest-free advances; fund-flow evidence or a linking chart is unnecessary. Administrative expenditure may nevertheless be disallowed where exempt income is earned, recorded dissatisfaction supports the computation, and the amount does not exceed exempt income.
AI TextQuick Glance (AI)Headnote
Penalty limitation under Section 275 invalidates delayed penalty orders issued beyond the prescribed statutory time limit.
Section 275(1)(c) requires a penalty order to be passed within six months from the end of the month in which notice initiating penalty proceedings is issued. As the notice for penalty under section 271D was issued in January 2021, the limitation period expired in July 2021. The penalty order passed in March 2022 was time-barred and invalid. The first appellate order was consequently set aside in favour of the assessee.
AI TextQuick Glance (AI)Headnote
Third-party seized material requires the statutory assessment route, while protective additions fail when their substantive foundation is quashed.
Third-party seized material recovered during a coordinated search must be used against an assessee through the assessment mechanism under Section 153C, rather than through Section 153A where the material was seized from another person's premises. This preserves the statutory route governing material belonging to or relating to a third party. A protective addition under Section 68 cannot continue once the corresponding substantive addition has been quashed, because the protective assessment has no independent basis after the substantive liability fails.
AI TextQuick Glance (AI)Headnote
Rectification of Tribunal orders remains unavailable where applicants seek to revisit findings on political donation genuineness and inadequate assessment inquiry.
Rectification under Section 254(2) is limited to mistakes apparent from the record and cannot reopen findings reached on material already considered. Revision under Section 263 remained sustainable because the assessment order was found erroneous and prejudicial to Revenue, based not only on a discrepancy in the donation receipt but also on concerns over the genuineness of political entities, alleged bogus political donations, and inadequate assessment inquiry into eligibility under Section 80GGC. Receipts and bank statements did not establish any manifest error warranting rectification; consequently, Section 254(2) relief was unavailable.
AI TextQuick Glance (AI)Headnote
Service of reassessment notice is jurisdictional; later participation cannot validate proceedings lacking proof of actual service.
Actual service of a notice under Section 148, in addition to valid issuance, is a jurisdictional condition precedent to reassessment under Section 147. The Revenue must establish service through postal receipts, acknowledgements, or other reliable evidence. Where no service evidence is available, reassessment is void ab initio. An assessee's response to a later notice, return filing, or participation in assessment proceedings cannot confer jurisdiction by consent, waiver, or estoppel. Consequently, revision founded on an invalid reassessment cannot validly survive.
AI TextQuick Glance (AI)Headnote
Best-judgment assessment additions require fresh consideration where a final opportunity to substantiate liabilities and expenditure is granted.
Best-judgment assessment followed repeated failures to respond to statutory notices or provide evidence supporting liabilities and expenditure, leaving only the audit report on record. Continued non-cooperation in first appellate proceedings did not justify deciding the substantial cash-credit additions and ad hoc expenditure disallowance on merits without a final evidentiary opportunity. The additions and disallowance require fresh determination after payment of costs, with a final opportunity to produce supporting material and no further unjustified default.
AI TextQuick Glance (AI)Headnote
Deemed withdrawal of GST non-filing assessments follows delayed return filing and payment of applicable late fee.
Section 62(2) of the GST Act provides that an assessment for non-filing of returns is deemed withdrawn when the taxpayer files the required return and satisfies the statutory conditions, including payment of the applicable late fee. This benefit extends to delayed return filing covered by the relevant amendment. Once those conditions are met, tax and other dues raised under the assessment cannot be recovered under that assessment order.
AI TextQuick Glance (AI)Headnote
Recovery of excess managerial remuneration can reduce taxable salary when repayment liability crystallises and payment is substantiated.
Excess managerial remuneration determined after finalisation and audit of the employer's accounts, and actually recovered in a later previous year, is adjustable in computing that year's salary income. The claim operates as a salary computation adjustment under section 15, rather than as an independent deduction under section 16 or a revision of salary assessed for the earlier year. An enforceable repayment liability must crystallise in the relevant year, with actual recovery supported by audited accounts and banking records. The annuality principle does not prevent recognition of a genuine subsequent recovery.
AI TextQuick Glance (AI)Headnote
Customs burden of proof prevents gold confiscation where foreign origin and illicit import remain unestablished
Section 123 of the Customs Act shifts the burden of proving lawful importation to the owner only after the Department establishes that seized gold is of foreign origin. Foreign markings, or alleged markings, without corroborative evidence of illicit importation do not establish that gold is smuggled. Where primary gold and cut pieces bear no clear foreign markings and no further evidence proves foreign origin or unlawful importation, the Department fails to discharge its initial burden. The statutory presumption does not arise, rendering confiscation and penalty unsustainable.
AI TextQuick Glance (AI)Headnote
Compounded levy demands must follow verified capacity, prescribed rates, and show-cause notice limits; closure-period duty and related penalties fail.
Under the compounded levy scheme, capacity-based duty must be determined from verified production-capacity parameters and charged at the prescribed rate applicable to the chosen payment option. A demand cannot be confirmed on an annual-capacity basis not proposed in the show cause notice. No duty accrues after permanent factory closure where no production occurs, and duty paid in excess of liability calculated on the correct capacity and rate is refundable. Interest and penalty under Rules 96ZO, 96ZP and 96ZQ cannot be sustained because those provisions had been declared ultra vires.
AI TextQuick Glance (AI)Headnote
Turnover filters in transfer-pricing comparability remain valid when rationally applied to market conditions, assets and risks.
Transfer-pricing comparability under Rule 10B requires assessment of market conditions, assets employed and risks assumed. As the Rules prescribe no statutory upper or lower turnover threshold, an upper turnover filter of Rs. 200 crore can be applied as a rational factual benchmark for determining the arm's length price. Interference with that comparability determination requires a specific showing of perversity. Application of the Rs. 200 crore upper turnover filter was treated as valid in the assessee's transfer-pricing analysis.
AI TextQuick Glance (AI)Headnote
Temporary protection from coercive action enabled statement recording while preserving the investigation and leaving the underlying allegations unresolved.
Temporary protection from coercive action was limited to permitting petitioners to appear and have their statements recorded in a money-laundering investigation. The protection operated only until recording was completed, based on their undertaking to cooperate and the position that no coercive steps were then contemplated. It neither determined the allegations on their merits nor granted immunity from subsequent investigative action.

Case Laws

Back

All Case Laws

Showing Results for :
Reset Filters
No Records Found

Case Laws

Back

All Case Laws

2021 (6) TMI 213 - AT - Income Tax

Contents
Cases Cited
Ref Provisions New
Summary
Note

Note

-

Bookmark

Print

Print

Revenue's appeal dismissed, management services fees adjustment deleted. Upheld transfer pricing compliance importance.
The Tribunal dismissed the Revenue's appeal, affirming the CIT(A)'s decision to delete the adjustment of management services fees. The judgment emphasized ... Summary

Topics

Acts Income Tax