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2026 (9) TMI 2003
Case Laws Money Laundering
Prima facie proceeds-of-crime link supports property retention despite joint-family ownership claims and alleged notice defects.
Retention of jewellery and other assets under the Prevention of Money Laundering Act requires prima facie material linking the property to proceeds of crime. Continuous movement of alleged tainted funds through connected accounts and their use in acquiring assets can establish that link without transaction-wise tracing at the retention stage. Recovery from a joint-family residence or an ownership claim by a person not accused in the scheduled offence does not itself defeat seizure where the property remains connected with, or requires examination in relation to, proceeds of crime. Alleged non-service of notice does not establish a breach of natural justice without specific substantial prejudice where an effective opportunity to defend was available.

2026 (9) TMI 2004
Case Laws Money Laundering
Material prosecution documents may enter attachment appeals, while late production can still attract procedural costs.
Material relied-upon documents forming part of a prosecution complaint should be placed on the appellate record when necessary to determine whether property attachment should continue pending the complaint. Their admission ensures that attachment appeals are decided with relevant complaint materials available for consideration. However, a party's delayed request to file documents already known to and held by it, particularly when made at final hearing, may justify costs. The documents may therefore be considered for the attachment issue while the financial consequence for belated filing remains enforceable.

2026 (9) TMI 2005
Case Laws Money Laundering
Sanction for money-laundering cognizance remains open as trial proceeds uninfluenced by earlier observations on the issue.
Sanction under criminal procedure law for taking cognizance of money-laundering offences remains a live issue where prosecution engages the statutory protection available to public servants. The Supreme Court declined to entertain the special leave petition after noting the High Court's correct statement of law, while expressly leaving all issues and contentions of both sides open. The trial must proceed without being influenced by observations contained in specified portions of the High Court's order.

2026 (9) TMI 2006
Case Laws FEMA
FEMA civil penalties apply without mens rea where charitable trusts retain non-resident rupee borrowings beyond permitted periods.
FEMA's later omission of a provision did not invalidate a complaint and show-cause notice issued before the omission became effective. Charitable trusts fall within the inclusive definition of "person", and rupee borrowings from non-resident trustees that remain outstanding beyond the prescribed period breach the borrowing and lending regulations, notwithstanding non-repatriation terms. Civil penalty follows an established statutory or regulatory contravention without proof of wilfulness or other mens rea; welfare objectives and a claimed technical breach do not negate liability. The contravention and penalty liability remained, although the penalty quantum was reduced.

2026 (9) TMI 2007
Case Laws IBC
Mandatory liquidation after CIRP expiry applies despite stakeholder deadlock, pending misconduct allegations, and unresolved alternatives to resolution.
Committee of Creditors approval of eligibility criteria is required before Form G is published, because the invitation for resolution applicants must conform to approved criteria under the insolvency framework. Where the CIRP period expires without a resolution plan and no timely extension or exclusion has been obtained, liquidation follows; stakeholder deadlock or delay does not indefinitely defer that consequence. Going-concern status depends on actual operations, employees, revenue and trading activity, not asset ownership alone. A pending application alleging fraudulent or malicious initiation does not automatically suspend liquidation, and suspended-board non-impleadment requires demonstrable prejudice. Further resolution efforts remain within the Committee of Creditors' commercial decision-making.

2026 (9) TMI 2008
Case Laws IBC
Committee of Creditors' commercial wisdom supports replacement of a resolution professional absent any contravention of insolvency law.
Committee of Creditors' commercial decision to replace a resolution professional must be respected where it complies with the Insolvency and Bankruptcy Code, 2016, and applicable regulations. Although a resolution professional must act independently, the office carries no vested right to continue; replacement is objectionable only where it requires conduct contrary to the Code or regulations. Claims for professional fees and CIRP expenses require factual assessment of work performed, acceptable fees, expenses and objections, and require adjudication by the Adjudicating Authority. Potential effects on professional reputation are relevant when considering adverse observations concerning delay in replacement.

2026 (9) TMI 2009
Case Laws IBC
Central Sales Tax recovery machinery does not create secured debt or insolvency priority for State tax dues.
Central Sales Tax recovery under Section 9(2) uses the procedural machinery of the applicable State sales-tax law but does not create a statutory first charge over a dealer's property or incorporate the substantive charge under the Gujarat VAT law. Recovery machinery alone cannot create a security interest. The Explanation to the Insolvency and Bankruptcy Code definition of security interest is clarificatory and retrospective, excluding interests arising solely by operation of law unless supported by an agreement or arrangement. Consequently, outstanding Central Sales Tax dues without contractual security cannot constitute secured debt, and the State Tax Department cannot claim secured-creditor status or distribution priority.

2026 (9) TMI 2010
Case Laws IBC
Personal guarantor settlements do not confer financial creditor priority or interrupt statutory liquidation estate distributions.
One-time settlement by a personal guarantor with the sole financial creditor does not terminate or alter liquidation absent a recognised statutory route, and does not make the guarantor a financial creditor without debt assignment or substitution. After the financial creditor's claim is satisfied, forfeited earnest money deposit forms part of the liquidation estate and must be restored for statutory distribution. Approved remuneration for an erstwhile liquidator's claim-processing, auction and related work may be paid from the estate. An admitted operational creditor participates in the statutory waterfall, while the guarantor, including as asset purchaser or promoter, has no priority and may receive only any surplus after statutory claims.

2026 (9) TMI 2011
Case Laws IBC
Liquidation-auction forfeiture clauses can cover deposited sale consideration when a successful bidder defaults despite disclosed title concerns.
Express liquidation-auction terms permitting forfeiture of the entire deposited amount upon a successful bidder's payment default remain effective despite Schedule I's ceiling on earnest money deposit. The deposited sum may include both earnest money and part sale consideration where the bidder voluntarily accepted the stipulated terms. An as-is-where-is sale, coupled with prior disclosure of title-related concerns, prevents reliance on those concerns to justify delayed payment. Repeated assurances without demonstrated financial capacity, proceedings involving another entity that do not prevent payment, and unsupported claims of unequal treatment do not defeat forfeiture. No refund is due where the bidder fails to pay the balance consideration within the stipulated period.

2026 (9) TMI 2012
Case Laws Companies Law
Consent terms in oppression proceedings can settle challenges to articles amendments and rights issues without merits adjudication.
Consent terms in oppression and mismanagement proceedings may resolve an appeal challenging findings on amendments to articles of association and a rights issue. Where parties jointly place settlement terms before the appellate forum with supporting affidavits, the terms may be incorporated into the disposal of the appeal without an independent determination of the challenged merits. The settlement can govern the parties' inter se rights, liabilities and future conduct, while the challenged findings may be set aside by consent.

2026 (9) TMI 2013
Case Laws Companies Law
Oral corporate agreements remain valid under general contract law, while representative authority requires evidence rather than plaint-stage rejection.
Oral agreements between companies are not barred by the Companies Act, 2013 where no statutory provision requires writing. The repealed corporate-execution provision under the 1956 Act was not preserved, while section 21 governs authorisation to sign written documents rather than mandating written form for every corporate contract. General contract law may therefore govern concluded reciprocal promises. A specific pleading that a company representative was authorised cannot be rejected merely because no authority letter is produced; the validity of that authority requires evidentiary determination and cannot alone justify plaint rejection under Order VII Rule 11.

2026 (9) TMI 2014
Case Laws Customs
Natural astaxanthin classification: formulated dietary-supplement grades fall under food preparations, not non-synthetic food colours, based on their principal use.
Formulated natural astaxanthin grades standardised with carriers, stabilisers and, in some forms, emulsification, micro-encapsulation or spray-drying features are classified as food preparations under Tariff Item 2106 90 99. Classification follows the relevant heading terms, chapter notes and HSN guidance: Heading 3203 covers colouring matter and preparations mainly used for colouring, whereas the products' specifications identify dietary-supplement, food, beverage and nutraceutical uses. As the grades are neither crude algal extracts nor separately chemically defined compounds and are not shown to have a principal colouring function, they do not qualify as non-synthetic food colours under Tariff Item 3203 00 20.

2026 (9) TMI 2015
Case Laws Customs
Customs Broker penalties require evidence of knowing participation or abetment in prohibited-goods export violations, not verification lapses alone.
Section 114 penalties for attempted improper export require a positive act or omission connected with the export or its abetment. Section 114AA further requires knowing or intentional use of a materially false declaration, statement or document. Customs Broker verification failures alone do not establish liability where KYC and IEC documents were obtained, bank-related details were verified, and the broker cooperated with the investigation. In the absence of allegations or evidence of prior knowledge, collusion, assistance in goods substitution, or other active participation, penalties for improper export and false declarations are unsustainable.

2026 (9) TMI 2016
Case Laws Customs
Admissibility safeguards for statements and electronic evidence can prevent penalties for alleged airport gold-smuggling abetment claims.
Penalty for alleged abetment of gold smuggling could not rest on statements recorded under the Customs Act unless the statutory safeguards for admissibility were met, including examination of the maker, a determination of admissibility, and an effective opportunity for cross-examination, unless an exception applied. Electronic call records and WhatsApp chats also required the prescribed certification. Faulty screening equipment, the absence of assigned screening duties as a proper officer, and lack of independent evidence linking the appellant to possession, handling, or dealing in smuggled gold further undermined the allegation. The penalty for abetment was therefore unsustainable.

2026 (9) TMI 2017
Case Laws Customs
Expiry of the seizure-notice period requires return of goods despite provisional release arrangements covering other seized items.
Section 110(2) of the Customs Act requires seized goods to be returned if notice under Section 124(a) is not issued within six months, unless a valid extension, capped at a further six months, is granted. Provisional release under Section 110A does not displace that statutory consequence. Machines and spare parts not covered by a provisional-release order cannot remain detained after expiry of the maximum notice period. Continued detention beyond that period was treated as unlawful, with release requiring execution of a bond equivalent to the goods' value.

2026 (9) TMI 2018
Case Laws Customs
Duty drawback entitlement survives post-export destination failures where export proceeds are realised through the applicable rupee trade mechanism.
Duty drawback entitlement arises on completion of export, when goods leave Indian territorial waters and title passes to the buyer. Subsequent non-arrival at the intended destination does not itself defeat drawback, particularly where sale proceeds are realised through the applicable rupee trade remittance mechanism and have not been rejected or reversed under foreign-exchange controls. Recovery provisions for erroneous or excess drawback differ from those addressing unrealised export proceeds. Goods already exported fall outside confiscation provisions confined to goods to be taken out of India; absent confiscability, the basis for related penalties, interest, and personal penalties fails.

2026 (9) TMI 2019
Case Laws Customs
Re-export of detained personal jewellery requires adjudication of the return request before release and any customs penalty.
Return of detained personal jewellery for re-export to Saudi Arabia remained subject to adjudication of the petitioners' representation or application. The jewellery was asserted to be personal property intended for return overseas rather than sale in India. The process contemplated consideration of a minor customs penalty for the infraction, with the petitioners' consent. No final determination on the release or re-export of the jewellery had been made.

2026 (9) TMI 2020
Case Laws Income Tax
Belated audit-report filing does not bar employment deduction when the report is available before return processing.
Deduction under section 80JJAA cannot be denied solely because Form 10DA was electronically furnished after the return-filing due date, where the prescribed audit report had been obtained before that date and was uploaded and e-verified before return processing. Rule 19AB's furnishing requirement is directory in these circumstances. Delayed electronic filing constitutes a procedural lapse that does not prejudice the Revenue when the report is available during processing. The claimed deduction must therefore be granted in accordance with law.

2026 (9) TMI 2021
Case Laws Income Tax
Capital gains transfer expenditure: payment to extinguish an agreement holder's enforceable property rights is deductible from consideration.
Capital-gains computation permits deduction of expenditure incurred wholly and exclusively in connection with transfer. Payment to an agreement holder for relinquishing enforceable property rights, including rights capable of specific performance, clears and improves the transferor's title before conveyance. Where the transferor receives the full sale consideration and pays part of it to secure extinguishment of those rights, the payment is allowable transfer expenditure in computing capital gains under the Income-tax Act, 1961.

2026 (9) TMI 2022
Case Laws Income Tax
Section 80P(2) deduction covers co-operative society interest from surplus-fund investments with banks and co-operative institutions.
Section 80P(2) permits a co-operative society to claim a deduction for interest income. The deduction extends to interest earned from investing surplus funds with co-operative banks, other co-operative societies, and nationalised banks. Coordinate-bench decisions support this treatment, and interest received from those investments qualifies for deduction where the society's claim falls within that established position.

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