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 TextHeadnote
AI TextHeadnote
AI TextHeadnote
AI TextQuick Glance (AI)Headnote
Statutory cheque presumptions remain unrebutted where a lost-cheque defence lacks independent corroboration and the drawer admits signature.
Admission of a cheque signature activates statutory presumptions of consideration and legally enforceable debt, placing the drawer under a reverse onus to establish a probable defence on a preponderance of probabilities. A lost-cheque account supported only by a General Diary entry and stop-payment instructions, without independent corroboration or prompt action, does not displace those presumptions. Absence of a written loan agreement or income-tax disclosure does not by itself negate a modest hand loan where the lender's financial capacity is not probably challenged. A proprietary concern has no legal identity separate from its sole proprietor. Revisional jurisdiction is limited to patent illegality, perversity, jurisdictional error, or gross miscarriage of justice.
AI TextQuick Glance (AI)Headnote
Cheque execution presumptions prevail unless a consistent probable defence rebuts liability; cash-loan breaches alone do not invalidate debt.
Admission of cheque execution triggers presumptions of consideration and legally enforceable liability under the Negotiable Instruments Act, rebuttable only through a consistent probable defence on a preponderance of probabilities. Inconsistent claims that a cheque was lost or stolen do not meet that standard. A dishonour marked "refer to drawer" may support cheque-dishonour liability, and crediting the cheque to an account connected with the payee's business can satisfy payee and presentment requirements where the nexus is established. Cash-loan contraventions under income-tax law do not, by themselves, render the underlying debt unenforceable. Revisional jurisdiction does not permit fresh appraisal of evidence absent perversity in concurrent findings.
AI TextQuick Glance (AI)Headnote
Pre-2015 TDS statement processing could not support Section 234E late-fee computation, requiring deletion of the levy.
Late fee under Section 234E could not be computed while processing TDS statements under Section 200A for periods before 1 June 2015. The amendment expressly enabling such computation operated prospectively from that date. With no jurisdictional High Court ruling and conflicting High Court views, the interpretation favourable to the assessee applied. Accordingly, late fee imposed for financial year 2012-13 through Section 200A was invalid and liable to be deleted.
AI TextQuick Glance (AI)Headnote
Political donation genuineness requires credible evidence; banking records and receipts alone cannot support a Section 80GGC deduction.
Section 80GGC deduction was denied because banking-channel payment and donation receipts did not establish the political contribution's genuineness. Search material, office-bearer admissions, bank-account patterns showing fund routing through intermediary entities, and failure to meet statutory contribution-reporting requirements indicated an accommodation-entry arrangement. The human-probabilities and preponderance-of-probabilities tests gave greater weight to those surrounding circumstances and circumstantial evidence than to the taxpayer's documents. No credible rebuttal established that the payment was a genuine political donation.
AI TextQuick Glance (AI)Headnote
IGST export refunds under manual shipping bills fall within Customs processing jurisdiction, not the GST Department.
Rule 96(3) of the CGST Rules assigns processing of IGST refunds on exported goods to the Customs system or the proper officer of Customs once information on a valid GSTR-3B return is received. Where an export is regularised through a manual shipping bill due to an ICEGATE technical failure, the GST Department lacks statutory jurisdiction to sanction the export refund. Customs cannot reject the claim as a GST Department matter and must process and sanction any admissible refund, with applicable interest, in accordance with law.
AI TextQuick Glance (AI)Headnote
Reasoned appellate orders require merits-based determination, making cryptic ex parte reassessment affirmations subject to fresh adjudication.
Section 250(6) requires an appellate authority to identify the points for determination and give a reasoned decision on each ground. An ex parte order that merely confirms a reassessment because the assessee did not respond to notices, without deciding the grounds on merits or recording reasons, does not meet that requirement and is invalid. The appellate authority's powers are co-terminous with those of the Assessing Officer and permit further enquiry where necessary. Fresh adjudication after giving both sides an opportunity is required.
AI TextQuick Glance (AI)Headnote
Unexplained expenditure requires proof of actual off-book spending; bank-guarantee deposit interest may qualify as infrastructure-business profit.
Section 69C requires proof that expenditure was actually incurred before its source may be questioned; diary notings alone do not establish off-book spending without independent corroboration. Section 69A does not apply where a recorded cash balance arises from reversal of previously booked labour expenditure and corresponding recognition of income, rather than an undisclosed cash receipt. Interest on fixed deposits maintained as margin or security for bank guarantees connected with eligible infrastructure contracts may form part of profits qualifying for deduction under Section 80IA(4), where the deposits have a direct business nexus and are not investments of surplus funds.
AI TextQuick Glance (AI)Headnote
Composite GST assessments spanning multiple tax periods are invalid; separate notices and assessments must be issued lawfully.
Sections 74(3) and 74(4) of the Andhra Pradesh Goods and Services Tax Act, 2017 preclude a single show-cause notice or composite assessment order from covering multiple tax periods or more than one assessment year after the annual-return due date. An assessment combining two assessment years was invalid, and its appellate affirmation could not continue. The relevant periods may instead be addressed through separate notices and assessments in accordance with law after affording the assessee an opportunity to be heard.
AI TextQuick Glance (AI)Headnote
Omission of Rule 96(10) ends unresolved GST proceedings where no saving clause preserves their continuation after omission.
Rule 96(10) of the Central Goods and Services Tax Rules, 2017 was omitted from 8 October 2024 without a saving or sunset clause. Proceedings begun under an omitted rule may continue only where the omission expressly preserves them or a statutory legal fiction provides for their continuation. In the absence of either mechanism, the omission applies to proceedings that remained unresolved on the effective date and ends their legal basis. Accordingly, pending proceedings founded on Rule 96(10) cannot continue after 8 October 2024.
AI TextQuick Glance (AI)Headnote
Revision for Inadequate Inquiry Requires Examination of Settlement Guarantee Fund Contributions as Accrued or Contingent Liabilities
Revision for inadequate inquiry may apply where a deduction for contributions to a Core Settlement Guarantee Fund is allowed without examining whether the payment discharges an accrued and ascertained liability or creates a contingent reserve. Explanation 2(a) treats an assessment as erroneous and prejudicial to Revenue when required inquiry or verification is absent. Examination should address whether the contribution augments a corpus for possible clearing-member defaults, whether interest is earned from that corpus, and whether any identified default has crystallised a liability. Deductibility as revenue expenditure requires independent examination, and a limited revision may direct fresh verification.
AI TextQuick Glance (AI)Headnote
TDS credit must align with the assessment year shown in Form 26AS, preventing a later-year rectification claim.
Tax deducted at source credit must be claimed for the assessment year in which the corresponding deduction is reflected in Form 26AS. Where tax was deducted during financial year 2022-23 and appeared in Form 26AS for assessment year 2023-24, credit was not available for assessment year 2024-25 through rectification under Section 154. Reliance on Section 155(20), Rule 134 and Form 71 did not cure the assessment-year mismatch.
AI TextQuick Glance (AI)Headnote
Meaningful reassessment approval is a substantive safeguard; mechanical Section 151 sanction invalidates consequential reassessment proceedings.
Section 151 approval for a reassessment notice must reflect independent, meaningful consideration of the material and statutory requirements; merely endorsing the Assessing Officer's reasons or stating that notice is fit for issue is mechanical and insufficient. The sanction requirement operates as a substantive safeguard even where approval is administrative, requiring reasons and application of mind. Conflicting non-jurisdictional High Court views remain unresolved by summary dismissal of special leave petitions, which neither triggers merger nor establishes binding law. Applying the interpretation favourable to the assessee, mechanical approval invalidates the sanction and requires quashing the consequential reassessment.
AI TextQuick Glance (AI)Headnote
Independent application of mind in reassessment sanction is mandatory; a mechanical approval invalidates the reopening process.
Sanction for reassessment under Section 151 requires the competent authority's independent application of mind before notice is issued under Sections 147 and 148. A statement that a case is fit for notice, based solely on the Assessing Officer's recorded reasons, is a mechanical endorsement rather than valid statutory approval. Summary dismissal of related special leave petitions does not create binding law or trigger merger. Invalid sanction results in quashing the consequential reassessment.
AI TextQuick Glance (AI)Headnote
Transfer-pricing comparability requires functional alignment; delayed AE receivables need separate foreign-currency interest benchmarking, while certain exchange gains lack export nexus.
Transfer-pricing comparability requires functional alignment across services, scale, business model and intangibles. Entities with diversified integrated operations, significant brand value, or accounting, publishing and platform services are unsuitable for routine captive IT-enabled services, whereas functionally similar IT-enabled providers may remain comparable despite absent segmental data. Companies satisfying applicable filters cannot be rejected merely because they are absent from the TPO search matrix; annual reports and FAR analysis require verification. Associated-enterprise receivables are international transactions requiring separate arm's-length benchmarking after the allowed credit period, using LIBOR plus 200 basis points following 60 days. Foreign-exchange gains on restated export receivables and payables lack the direct and proximate export-income nexus required for Section 10AA deduction.
AI TextQuick Glance (AI)Headnote
GST return mismatch adjudication requires a meaningful reply opportunity before determination where reconciliation may explain delayed supplier return filing.
GST return mismatch adjudication under section 73 of the CGST and KGST Acts concerns discrepancies between Forms GSTR-2A and GSTR-3B where no response was filed to the intimation or show-cause notice. A further opportunity to submit a reply and reconciliation material is required before reasoned determination where the taxpayer contends that delayed supplier returns caused the mismatch and attributes non-response to its registered email being managed by an unassisting Chartered Accountant.
AI TextQuick Glance (AI)Headnote
Consideration of taxpayer replies is essential before Section 73 confirmation where annual-return clerical errors and debit notes are disputed.
Section 73 adjudication requires consideration of a taxpayer's reply before a show-cause proposal is confirmed. A response to an audit intimation explained that an annual-return tax figure resulted from a clerical error and that no debit notes had been issued for the relevant period. Treating no response as having been filed was inconsistent with the record. The adjudication order and consequential garnishee notice were quashed, and proceedings were restored to permit submission of a detailed response to the show-cause notice.
AI TextQuick Glance (AI)Headnote
Interest converted into preference shares remained deductible where binding precedent was unaffected by an unstayed pending Supreme Court challenge.
Section 43B(d) requires actual payment for deduction of specified interest, but interest liability converted into cumulative redeemable preference shares under a corporate debt restructuring arrangement did not warrant disallowance. The applicable High Court precedent retained binding force because a pending special leave petition, without a Supreme Court stay, reversal, or modification, did not displace it. Consequently, the disallowance relating to the converted interest liability was deleted.

Case Laws

Back

All Case Laws

Showing Results for :
Reset Filters
No Records Found

Case Laws

Back

All Case Laws

2014 (12) TMI 1429 - HC - Indian Laws

Contents
Cases Cited
Ref Provisions New
Summary
Note

Note

-

Bookmark

Print

Print

Delhi HC sets aside CIC order directing SC to maintain separate medical reimbursement records for judges
Delhi HC set aside CIC order directing SC to maintain separate records of medical bill reimbursements for each judge. Court held that medical records are ... Summary

Topics

Acts Income Tax