Loading...

⚠ ✕
❮ Top
☎ Help
☰
×

By creating an account you can:

Logo TaxTMI
Call Us / Help / Feedback✕

Contact Us At :

✉ E-mail: [email protected]

✆ To Call / Whatsapp, 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
Special additional duty refunds for post-amendment imports require timely filing within the prescribed period after duty payment.
Claims for refund of special additional duty on imports made after the amendment effective 1 August 2008 must be filed within one year of payment of the duty. The refund notification's conditions require strict interpretation. Claims filed beyond that period are barred by limitation. Decisions concerning imports before the amendment are distinguishable where both import and duty payment occurred after it.
AI TextQuick Glance (AI)Headnote
Financial debt default supports insolvency admission, while unfulfilled settlement commitments do not displace statutory withdrawal requirements.
A complete insolvency application by a financial creditor must be admitted when a financial debt is due and payable and default is established. Lenders cannot be compelled to accept a proposed settlement where the required upfront deposit was not made and later deposit commitments were not honoured. Withdrawal of an admitted insolvency application must follow the procedure under Section 12A of the Insolvency and Bankruptcy Code, including committee approval and restrictions on the stage at which withdrawal is available.
AI TextHeadnote
AI TextHeadnote
AI TextHeadnote
AI TextHeadnote
AI TextHeadnote
AI TextHeadnote
AI TextHeadnote
AI TextHeadnote
AI TextHeadnote
AI TextQuick Glance (AI)Headnote
Customs penalties for import abetment require a link to the consignment; financing alone does not establish an offence.
Section 112 of the Customs Act, 1962 addresses penalties for acts or omissions that render goods liable to confiscation and for their abetment. Financing alone does not establish an offence, and evidence of involvement in a separate investigation must be adequately connected to the relevant consignment. Assessment of alleged culpability may consider retracted statements, the absence of cross-examination of co-accused, and whether alleged forgery is supported by forensic or handwriting evidence. The importer definition applicable at the time of import is relevant where a person has not held themselves out as owner or importer.
AI TextQuick Glance (AI)Headnote
Reimbursed freight paid to independent transporters falls outside clearing and forwarding service value when transport is outside the agent's obligations.
Freight paid to an independent transporter on a principal's behalf and reimbursed to a clearing and forwarding agent does not form part of the agent's taxable service where transportation is outside the agent's contractual obligations. Where the agent is responsible only for receiving, warehousing, storing and dispatching goods, and independent transporters carry the goods for the principal, reimbursement of freight does not bring that charge within the taxable value of the agent's service.
AI TextQuick Glance (AI)Headnote
Works-contract service tax valuation accepts supported goods invoices, while investigation payments do not reduce penalties for intentional evasion.
Works-contract service tax valuation under Rule 2A deducts the value of goods to determine the service portion; percentage-based valuation applies where the goods value is not determined. Separately invoiced goods values supported by VAT payments and returns can be accepted where Revenue produces no evidence that the invoices are incorrect. Sections 73(3) and 73(4) distinguish pre-notice payments from cases involving specified conduct with intent to evade. Where unpaid service tax results from wilful suppression with intent to evade, the Section 78 penalty is calculated on the full confirmed tax without deducting payments made during investigation.
AI TextQuick Glance (AI)Headnote
Reimbursable service expenses fall outside pre-amendment taxable value even when a corporate provider qualifies as a consulting engineer.
Reimbursable expenses for the disputed pre-2015 period are excluded from taxable service value. Rule 5 of the valuation rules was declared ultra vires section 67 of the Finance Act, 1994, because the pre-amendment statute did not authorise their inclusion. Section 67 was subsequently amended in 2015 to include such expenses. The pre-2005 definition of consulting engineer covers a body corporate under the governing Supreme Court interpretation, notwithstanding contrary decisions.
AI TextQuick Glance (AI)Headnote
Job workers bear excise duty as manufacturers, while confiscation requires evidence and repacking may be revenue neutral.
Excise duty on goods manufactured by a job worker is payable by the job worker as manufacturer. Allegations that a trader manufactured goods through job workers require supporting evidence. Confiscation of unrecorded goods raises questions about their finished status and intended clandestine removal, while confiscation of seized cash requires evidence linking it to clandestine clearances. Repacking of duty-paid goods can be revenue neutral where the duty payable equals the corresponding untaken Cenvat credit and affixing stickers does not change the assessable value.
AI TextQuick Glance (AI)Headnote
Imported warranty replacement components lose duty exemption without factory use, while eligible Cenvat credit remains available.
Special additional duty end-use exemption requires imported components to be used in manufacture at the registered factory; components supplied for free warranty replacement do not qualify unless that condition is met. Rule 8 of the 1996 Rules permits recovery for breach within a reasonable time, independently of the limitation periods under Section 28 of the Customs Act. Interest runs from importation until payment, with the Customs Act determining the rate. Free-warranty goods qualify as Cenvat inputs, and eligible duty may be credited using a qualifying challan; the exclusion for duty recovered through specified conduct requires proof of intent to evade. The specified customs penalty requires deliberate conduct, and its substantive provision did not extend to special additional duty during the period in question. Cenvat penalties require wrongful credit and are not automatic.

Case Laws

Back

All Case Laws

Showing Results for :
Reset Filters
No Records Found

Case Laws

2026 (10) TMI 291 - SCH - Income Tax

Contents
Cases Cited
Summary
Note

Note

-

Bookmark

(New) -

Download

Print

Print

Limitation compliance governs special leave petitions where an unexplained delay prevents review of an appeal dismissed for low tax effect.
Maintainability of a special leave petition turned on an unexplained 468-day filing delay after the High Court dismissed the underlying appeal because of ... Summary

Topics

Acts Income Tax