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Notification No. G.S.R. 901(E) Dated:- 21-11-2003 Information Technology
Written complaints alleging misbehaviour or incapacity of the Presiding Officer are preliminarily scrutinised and, where necessary, investigated by a designated Committee. On reasonable grounds, a Supreme Court Judge is appointed to conduct an inquiry, with notice of charges and a reasonable opportunity for written defence. Denied incapacity allegations may require Medical Board examination. The inquiry follows natural justice, permits regulation of procedure, and applies statutory powers for witness attendance and document production. Suspension may be ordered pending investigation or inquiry.

2019 (4) TMI 2199
Case Laws Income Tax
Notional annual letting value on unsold builder flats cannot support revision where competing interpretations favour the assessee.
Revision under Section 263 was treated as invalid where it rested on notional annual letting value for unsold flats held by a builder as stock-in-trade. Revision requires an assessment order to be both erroneous and prejudicial to Revenue interests. Conflicting High Court views on applying Section 23(1)(a) to such flats meant that two reasonable interpretations were available. The interpretation favourable to the assessee applied: the flats remained stock-in-trade, and sale proceeds were business income rather than notional income from house property. The revision order was consequently quashed.

2022 (10) TMI 1332
Case Laws Income Tax
Recall of ex parte merits orders requires proven non-service or error; prior participation undermines a notice-based challenge.
Recall of an ex parte merits order requires sufficient cause and a substantiated error warranting intervention. Repeated issue of hearing notices, prior adjournments due to non-appearance, and an earlier adjournment request demonstrate awareness of pending proceedings. Failure to attend or monitor listed proceedings, without proof of non-receipt of notice or another specific error in the merits order, does not establish grounds for recall. A non-receipt claim without supporting material therefore lacks the necessary basis to reopen the ex parte order.

Notification No. S.O. 4344(E) Dated:- 4-9-2018 Information Technology
Section 79A of the Information Technology Act, 2000 designates the Cyber Forensic Laboratory under the Army Cyber Group as an Examiner of Electronic Evidence within India. Its authorised scope covers computer (media) forensics, excluding floppy disk drives, and mobile-device forensics. The earlier gazette designation is rescinded.

Notification No. S.O. 5595(E) Dated:- 2-12-2025 Information Technology
Under section 79A of the Information Technology Act, 2000, the Central Government designates the Digital Forensic Division of the State Forensic Science Laboratory, Directorate of Forensic Services, Himachal Pradesh, as an Examiner of Electronic Evidence within India. Its authorised scope is confined to computer (media) forensics and mobile devices forensics.

2022 (9) TMI 1722
Case Laws Income Tax
Section 263 revision requires independent review and supports fresh inquiry where share-capital verification was inadequate
Section 263 revision requires the revisional authority to independently examine the assessment record and identify an assessment that is both erroneous and prejudicial to Revenue. Revision is not invalid merely because the Assessing Officer may have recommended action where the show-cause notice and revision order demonstrate independent application of mind. Reassessment-jurisdiction objections, including alleged borrowed satisfaction and defective disposal of reopening objections, cannot be used as a collateral challenge in revision proceedings; procedural defects may be curable. Failure to meaningfully examine seized material indicating accommodation-entry share capital, including failure to confront material and verify investment genuineness, can justify revision and a fresh assessment.

2019 (8) TMI 1961
Case Laws Income Tax
Tax-deduction disallowance alone does not justify inaccurate-particulars penalty where genuine expenditure and full claim details were disclosed.
Disallowance of genuine expenditure solely for failure to deduct tax at source does not, without more, establish concealment or furnishing of inaccurate particulars. Where the relevant particulars were disclosed and the expenditure claim was not found non-genuine, the technical tax-deduction default triggers statutory disallowance but does not make the disclosed claim inaccurate. Penalty for furnishing inaccurate particulars is therefore not leviable merely because expenditure is disallowed for non-deduction of tax at source.

2024 (9) TMI 1975
Case Laws Indian Laws
Anticipatory bail for alleged dowry-related cruelty and suicide abetment declined because allegations indicated harassment and serious offences.
Anticipatory bail was declined in allegations of dowry demand, cruelty and abetment of suicide. Material indicating harassment and the seriousness of the alleged offences supported refusal of pre-arrest protection after consideration of the overall facts and circumstances. The alleged harassment and gravity of accusations were material factors in determining whether pre-arrest bail should be granted, resulting in dismissal of the application.

2021 (2) TMI 1416
Case Laws Customs
G Card eligibility: passing the written examination alone requires issuance, while delay bars relief only upon demonstrable prejudice.
Under the Customs Brokers Licensing Regulations, 2013, passing the written examination is sufficient for a G Card under Regulation 17(3). Regulation 6 requires both written and oral examinations for an F Card, whereas Regulation 17(3) refers to a single examination for a G Card. Delay in seeking a G Card does not constitute laches unless it causes prejudice to the respondent or third parties, such as through a material change of position. Issuance of the G Card was required within eight weeks.

Notification No. G.S.R. 148(E) Dated:- 26-2-2026 Information Technology
Corrigenda replace two sole references to the Bharatiya Nagarik Suraksha Sanhita, 2023 with references to the Bharatiya Nyaya Sanhita, 2023 read with the Bharatiya Nagarik Suraksha Sanhita, 2023. The substitution applies to both identified passages and aligns each statutory cross-reference with the substantive criminal-law code and criminal-procedure code.

2024 (11) TMI 1669
Case Laws Indian Laws
Suppression of criminal antecedents invalidates anticipatory bail when non-disclosure undermines informed judicial discretion and breaches clean-hands requirements.
Suppression of prior criminal antecedents can invalidate an anticipatory-bail grant because disclosure is material to the stricter discretion governing such relief. Where bail was granted on the mistaken premise of no antecedents and no proof established acceptance of claimed closure reports, non-disclosure breached the clean-hands requirement; the anticipatory-bail order was therefore set aside.

2026 (7) TMI 2033
Case Laws Service Tax
Non-prosecution in a service tax appeal led to dismissal after repeated non-appearance and no adjournment requests.
Repeated non-appearance by the appellant at several listed hearings, coupled with no request for adjournment, resulted in dismissal of the service-tax appeal for non-prosecution. The appeal had remained pending since 2011. The disposition followed sustained failure to pursue the appellate proceedings and did not determine the underlying service-tax dispute on merits.

2024 (11) TMI 1668
Case Laws Customs
Customs Broker liability ends after authorised replacement, preventing licence revocation for later unauthorised warehouse removal.
Customs Broker responsibility under Regulations 10(m) and 10(n) depends on the scope and continuity of its engagement. Where the broker's role was limited to filing warehouse bills of entry, it issued a no-objection certificate after warehousing, and another broker was subsequently authorised, liability for later unauthorised removal could not be attributed to the former broker. The alleged regulatory breaches were therefore not established, making licence revocation and related penalties unsustainable and requiring them to be set aside.

2025 (8) TMI 1876
Case Laws Customs
Customs Value Enhancement Requires a Written Order, Failing Which the Declared Import Value Must Be Accepted
Customs-value enhancement under Section 17(4) requires compliance with Section 17(5), including an order by the adjudicating authority. Where the declared value is enhanced without passing that order, the statutory requirement is not met. The enhancement is invalid, and the declared value must be accepted by the adjudicating authority.

2025 (1) TMI 1857
Case Laws Income Tax
Unexplained cash under Section 69A: limited proof of agricultural and household savings sustains the remaining addition.
Section 69A applies where money found in an assessee's possession lacks a satisfactorily explained source. Agricultural land jointly held and cultivated by the assessee's father supported agricultural activity, but the absence of crop-sale records and proof of precise income prevented attribution of all produce to him. Accumulated agricultural savings were accepted only to a limited extent. Customary household savings attributed to the mother and wife were also partly accepted, resulting in partial relief while the balance cash addition remained sustained.

2026 (6) TMI 1520
Case Laws Income Tax
Actual receipt of funds is essential before an unsecured-loan book entry can trigger unexplained cash-credit taxation.
Section 68 applies only where a sum is actually credited in the assessee's books and its nature and source remain unexplained. A cheque recorded as an unsecured loan did not constitute an unexplained cash credit where it was never encashed, no funds entered the assessee's bank account, and the accounting entry was reversed in the following financial year. Mere book entries without an actual receipt or transfer of money do not trigger the Section 68 deeming provision. The addition was therefore deleted because no funds had actually been received.

2026 (1) TMI 1690
Case Laws GST
Consolidated GST show-cause notices across multiple financial years face scrutiny, while writ maintainability and alternative remedy remain open.
The permissibility of a consolidated GST show-cause notice spanning multiple financial years is under consideration. Writ maintainability despite an available statutory appellate remedy remains open. Notice has been issued, and coercive action against the petitioner is barred until the next listing, without final adjudication of either question at this stage.

Viking Warehousing CFS is appointed custodian of imported cargo landed at Kamarajar Port, Ennore, in addition to Chennai Port, and received at its CFS. Custody continues until the goods are cleared for home consumption, warehoused, or transhipped under the Customs Act, 1962. It is also appointed custodian of export cargo brought into its premises until export. The custodian must comply with the Customs Act, the Handling of Cargo in Customs Areas Regulations, 2009, and applicable rules, regulations, and instructions. The appointment takes effect from 30 September 2026.

Notification No. G.S.R. 316(E) Dated:- 11-4-2011 Information Technology
Electronic delivery of public services may be provided through electronically enabled kiosks or other electronic mechanisms for applications, licences, permits, certificates, approvals and payments. The appropriate Government may prescribe delivery procedures, encryption requirements, service charges and service-level norms. Issuing authorities must maintain timestamped online repositories of electronically signed records and follow prescribed security procedures. Service providers and authorised agents may be required to maintain transaction accounts, undergo audits, protect citizen data, assist audit agencies and rectify identified deficiencies.

The interim facilitation measure for export clearance of drugs and pharmaceutical consignments is extended until 31 December 2026, subject to the previously prescribed conditions. After that date, export clearance must strictly comply with the applicable CDSCO Office Order. All other procedural requirements and conditions governing such export consignments remain unchanged. The extension takes effect immediately.

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