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 ❯
    Insolvency claim finality prevents unadmitted historical tax claims from continuing after liquidation of a successor entity.
    Automated Subscription Services Without Technology Transfer Fall Outside Fees for Technical Services Under India-Netherlands Treaty Standards
    Best-judgment profit estimation requires a rational evidentiary basis, requiring reassessment using past history or comparable businesses after hearin...
    Contractual recruitment and training services qualify as business receipts, not specified professional receipts, for presumptive taxation purposes.
    Misreporting penalties require statutory proof beyond disallowance of a disclosed deduction claim supported by banking-channel payment evidence.
    Unexplained property-purchase payments and unsupported valuation objections resulted in additions for deemed income and unexplained money.
    Appellate admission of omitted statutory deductions permits verification of PPF and pension-scheme claims despite no revised return.
    Cash deposit explanations through retail sales records prevent unexplained-credit additions where deposits match declared turnover patterns.
    Misreporting Penalty Cannot Rest on Inadequate Evidence for Disclosed Capital Improvement Expenditure and Labour Payments
    Misreporting penalties require precise notice charges, while fully disclosed bona fide deductions on debatable issues remain outside penalty scope.
    Transfer-pricing comparability excludes high-turnover branded software companies, while USD receivables require currency-aligned interest benchmarking...
    Rectification for apparent mistakes cannot revisit sales verified in original assessment merely on an audit objection.
    Stamp-duty valuation disputes require Departmental Valuation Officer assessment before deemed capital-gains consideration can be adopted.
    Exempt-income expense disallowance requires verification of sponsorship costs before any adjustment for investment-related expenditure can be made.
    Non-genuine purchases with accepted sales warrant profit-element addition, restricted to a fair embedded margin only.
    Stamp-duty valuation of tenancy-right transfers applies, subject to mandatory examination of fair-market-value objections through statutory valuation ...
    Reassessment limitation: a fresh Section 148 notice cannot be revived by repeated supply of already furnished material.
    Non-prosecution dismissal permits closure of an unpursued tax appeal while preserving recall for justified hearing non-compliance.
    Recorded cash balance can explain demonetisation deposits when books and stock records show no specific defect.
    Assessment limitation extensions require proof of a foreign-tax reference; unsupported extensions leave search assessments time-barred and void.
❮
❯
❯❯
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
Insolvency claim finality prevents unadmitted historical tax claims from continuing after liquidation of a successor entity.
Corporate insolvency proceedings give finality to claims admitted under an approved resolution plan and extinguish excluded statutory dues, preserving a clean slate for the corporate debtor or resolution applicant. Where the successor entity has entered liquidation after failure to implement the approved plan, and no departmental tax claims for earlier assessment years were admitted in either the resolution or liquidation process, those claims cannot be pursued through connected income-tax appeal proceedings.
AI TextQuick Glance (AI)Headnote
Automated Subscription Services Without Technology Transfer Fall Outside Fees for Technical Services Under India-Netherlands Treaty Standards
Automated subscription, training and support services do not constitute fees for technical services under Article 12(5)(b) of the India-Netherlands tax treaty or section 9(1)(vii) of the Income-tax Act where they merely provide access to software systems. The make-available requirement is not met when software is hosted outside India, no unrebutted evidence establishes human intervention, and the recipient receives only a standard facility and a right to use the systems. Training and support limited to system use, without transfer of underlying technology or capability for independent future application, likewise do not transfer technical knowledge, skill, know-how or processes.
AI TextQuick Glance (AI)Headnote
Best-judgment profit estimation requires a rational evidentiary basis, requiring reassessment using past history or comparable businesses after hearing.
Net-profit estimation at 8% in a best-judgment assessment was unsustainable because neither that rate nor the initially adopted 12% rate rested on the taxpayer's past history or comparable businesses. Absence of accounts and non-compliance with information requests may justify estimating business profit, but the estimate must be bona fide, rational and non-capricious. Profit must be redetermined using past history or comparables after a hearing.
AI TextQuick Glance (AI)Headnote
Contractual recruitment and training services qualify as business receipts, not specified professional receipts, for presumptive taxation purposes.
Contractual recruitment and training services rendered to an insurance company are business-support activities rather than services in a profession enumerated or notified under section 44AA(1). Knowledge, skill or training involved in delivering those services does not by itself make them technical consultancy or professional services. Where the provider neither conducts insurance agency business nor earns commission or brokerage, the resulting receipts are business receipts eligible for the business presumptive-tax regime, subject to its statutory conditions, rather than the regime for specified professions.
AI TextQuick Glance (AI)Headnote
Misreporting penalties require statutory proof beyond disallowance of a disclosed deduction claim supported by banking-channel payment evidence.
Enhanced penalty for misreporting of income under section 270A requires proof of the specific ingredients in section 270A(9), rather than mere disallowance of a deduction claim. Disclosure of the claim and payment through banking channels may demonstrate disclosure of material facts. General investigation material concerning the recipient's alleged modus operandi does not by itself establish misrepresentation, suppression of facts, or furnishing of false particulars. An inadmissible claim is distinct from misreporting of income, and penalty proceedings require an independent examination; an assessment disallowance is not conclusive. Where statutory conditions for misreporting are unproved, the enhanced penalty is unsustainable.
AI TextQuick Glance (AI)Headnote
Unexplained property-purchase payments and unsupported valuation objections resulted in additions for deemed income and unexplained money.
Failure to substantiate the source of stamp-duty and registration payments supported an addition for unexplained investment, as the alleged loan lacked confirmation, proof of transfer, and other corroboration. A stamp-duty valuation exceeding the declared property consideration was treated as deemed income because the claimed effect of longstanding tenancy was unsupported by independent valuation evidence or proof of a lower fair market value, and no statutory valuation reference was sought. Unrebutted search material showing cash paid for the property supported a further addition as unexplained money, with no seller confirmation or reliable contrary evidence produced.
AI TextQuick Glance (AI)Headnote
Appellate admission of omitted statutory deductions permits verification of PPF and pension-scheme claims despite no revised return.
Appellate authorities may entertain legitimate deductions under Sections 80C and 80CCD(1B) that were omitted from an original return and not claimed through a revised return. A taxpayer's lack of awareness should not, by itself, defeat an otherwise eligible statutory deduction. Supporting evidence of investments in notified PPF and National Pension Scheme arrangements may be admitted under Rule 29 where it is material to determining entitlement, subject to verification. Following verification of the admitted evidence, the claimed deductions are to be allowed.
AI TextQuick Glance (AI)Headnote
Cash deposit explanations through retail sales records prevent unexplained-credit additions where deposits match declared turnover patterns.
Cash deposits in a proprietary concern's bank account may be explained through reconstructed cash books, monthly sales summaries and daily sales registers where they align with declared turnover and regular deposit patterns. Customer-specific particulars for retail cash collections are not warranted in those circumstances, particularly where turnover is taxed under the presumptive-taxation scheme. The disputed deposit was consistent with normal retail sales and could not be sustained as unexplained cash credit.
AI TextQuick Glance (AI)Headnote
Misreporting Penalty Cannot Rest on Inadequate Evidence for Disclosed Capital Improvement Expenditure and Labour Payments
Penalty for under-reporting of income consequent on misreporting under section 270A was unsustainable where the claimed cost of improvement was disclosed in the return and supporting particulars. Disallowance based only on inadequate documentary evidence, particularly for incidental local purchases and labour payments, did not establish suppression or misrepresentation when the improvement work itself was undisputed. Contractor-level documentation was not required in those circumstances, and the penalty was quashed.
AI TextQuick Glance (AI)Headnote
Misreporting penalties require precise notice charges, while fully disclosed bona fide deductions on debatable issues remain outside penalty scope.
Misreporting penalties require a precise charge in the penalty notice; a notice alleging only under-reporting cannot support a penalty imposed for under-reporting arising from misreporting. A deduction claim that is fully disclosed, bona fide and debatable, particularly amid conflicting judicial views, falls outside misreporting unless it is shown to meet a specified statutory category. Where the taxpayer discloses all material facts and gives a bona fide explanation, the under-reported-income exclusion applies, so a penalty founded on disallowance of that claim lacks statutory basis.
AI TextQuick Glance (AI)Headnote
Transfer-pricing comparability excludes high-turnover branded software companies, while USD receivables require currency-aligned interest benchmarking using LIBOR-based rates.
High-turnover, branded companies with materially different scale, brand value, operational capacity, and functions-assets-risks profile are not comparable to a captive software development service provider and should be excluded in determining the arm's-length price. Interest on delayed associated-enterprise receivables must be benchmarked by reference to the invoice currency. Where invoices are USD-denominated, LIBOR plus an appropriate mark-up, or another suitable currency-appropriate rate, applies rather than the SBI rate. The transfer-pricing computation consequently requires revised comparables and a currency-aligned interest benchmark.
AI TextQuick Glance (AI)Headnote
Rectification for apparent mistakes cannot revisit sales verified in original assessment merely on an audit objection.
Rectification under section 154 is confined to a mistake apparent from the record and cannot reopen a sales figure already examined and accepted during the original assessment. Where sales were verified against VAT returns and a higher return figure was treated as a typographical error, an audit objection identifying the discrepancy alone did not establish an apparent mistake or displace the prior verification. Reliance solely on that objection amounted to borrowed satisfaction rather than an independently identifiable record-based error. The rectification was invalid, and the resulting sales addition was deleted.
AI TextQuick Glance (AI)Headnote
Stamp-duty valuation disputes require Departmental Valuation Officer assessment before deemed capital-gains consideration can be adopted.
Where declared sale consideration for immovable property is disputed against the stamp-duty valuation, the Assessing Officer must obtain a Departmental Valuation Officer's determination of fair market value before using the stamp-duty value for capital-gains computation under Section 50C. Without that valuation reference, the stamp-duty valuation cannot replace the declared consideration in the stated circumstances.
AI TextQuick Glance (AI)Headnote
Exempt-income expense disallowance requires verification of sponsorship costs before any adjustment for investment-related expenditure can be made.
Section 14A disallowance requires factual verification where sponsorship-related expenditure is claimed and exempt-income investments exist. The expenditure must be examined to determine whether it relates exclusively to sponsorship income rather than investments producing exempt income; any adjustment is to be restricted under Rule 8D(ii). Income offered on a gross basis does not remove the need for that verification where specific expenditure has been claimed. Earlier assessments containing no disallowance do not bar examination in a later year, because each assessment year is separate and res judicata does not apply to income-tax assessments.
AI TextQuick Glance (AI)Headnote
Non-genuine purchases with accepted sales warrant profit-element addition, restricted to a fair embedded margin only.
Non-genuine purchases supported by accommodation bills cannot be added in full where the corresponding sales are accepted. Procurement through the grey market may justify an addition limited to the profit element embedded in those purchases, rather than their entire value. A 25% profit estimate lacked material support where the assessment record indicated that the relevant grey-market margin would not exceed 8%. The addition for the disputed purchases is therefore restricted to 5% of their value.
AI TextQuick Glance (AI)Headnote
Stamp-duty valuation of tenancy-right transfers applies, subject to mandatory examination of fair-market-value objections through statutory valuation procedures.
Section 50C applies to transfers of tenancy rights in land or a building because the mode of holding the property does not alter its character for stamp-duty valuation purposes. Distinctions between leasehold and tenancy rights may affect the nature or value of the transferred interest, but do not exclude the transfer from the provision. Where an assessee claims that the stamp valuation exceeds fair market value and seeks a valuation reference, the statutory conditions under section 50C(2) must be examined. If satisfied, valuation by the Departmental Valuation Officer is required before determining full value of consideration.
AI TextQuick Glance (AI)Headnote
Reassessment limitation: a fresh Section 148 notice cannot be revived by repeated supply of already furnished material.
Section 148 reassessment limitation permits only the time surviving from an earlier reassessment notice deemed to be a show-cause notice under Section 148A(b), after excluding time for supplying material and receiving a reply. Where the surviving period is below seven days, the statutory minimum period of seven days applies. A fresh notice issued after that period, even on calculations most favourable to the Revenue, is time-barred. A later communication merely re-supplying material already furnished does not revive or restart limitation. Reassessment founded on such a notice is without jurisdiction.
Quick Glance (AI)Headnote
Non-prosecution dismissal permits closure of an unpursued tax appeal while preserving recall for justified hearing non-compliance.
Failure to attend the hearing, seek an adjournment, or provide written submissions and supporting material may justify dismissal of an appeal for non-prosecution where adequate and reasonable opportunity has been given. Appellate tribunals possess inherent power to dismiss proceedings when an appellant neither appears nor pursues the matter, as continuing such proceedings serves no purpose. The appeal was dismissed for non-prosecution, while preserving liberty to seek recall by substantiating reasons for non-compliance with the hearing notice.
AI TextQuick Glance (AI)Headnote
Recorded cash balance can explain demonetisation deposits when books and stock records show no specific defect.
Recorded cash balance may explain bank deposits made during demonetisation where the cash in hand immediately before demonetisation exceeds the deposits and the cash book, bank entries and stock records contain no identified discrepancy. Section 68 permits scrutiny of the nature and source of credits, and the human-probabilities test allows examination beyond book entries, but neither justifies disregarding recorded cash solely through an estimated cash-sales ratio. Where no fictitious sale, unexplained deposit or defect in cash-flow records is identified, and the ratio is not an independent historical benchmark, the recorded balance adequately explains the deposits. The addition for alleged inflated cash sales was deleted.
AI TextQuick Glance (AI)Headnote
Assessment limitation extensions require proof of a foreign-tax reference; unsupported extensions leave search assessments time-barred and void.
Statutory assessment limitation may be extended on the basis of a foreign-tax reference only where evidence of the reference substantiates the extension; an unsupported assertion leaves assessments time-barred and void from inception. In search assessments for unabated years, expenditure recorded in regular books cannot be disallowed without seized incriminating material. Agreements, invoices, banking records and confirmations can establish the genuineness of excavation expenses and professional charges included in work-in-progress and discharge the taxpayer's burden of proof. On those principles, the expense additions were unsustainable and the assessment orders could not stand.

Case Laws

Back

All Case Laws

Showing Results for :
Reset Filters
No Records Found

Case Laws

Back

All Case Laws

2023 (2) TMI 220 - AT - Income Tax

Contents
Cases Cited
Ref Provisions New
Summary
Note

Note

-

Bookmark

Print

Print

Tribunal deletes ALP adjustment, emphasizes consistency, upholds relief, highlights importance of factual consistency.
The Tribunal allowed the appeal, deleted the ALP adjustment of Rs. 1,46,71,277, emphasizing the importance of consistency in ALP adjustments across ... Summary

Topics

Acts Income Tax