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2026 (9) TMI 1599
Case Laws Service Tax
Sales-linked dealer incentives are not taxable declared services without a separate contractual obligation and direct consideration nexus.
Dealer incentives, discounts and reimbursement amounts linked to sales targets, spare-parts purchases, vehicle sales and customer discounts do not constitute consideration for agreeing to do an act. A declared service requires a distinct contractual obligation to refrain from, tolerate or perform an act, with a necessary and sufficient nexus between that obligation and the payment. Principal-to-principal dealer-manufacturer arrangements and ordinary sales-linked receipts lack that separate service element. Such payments remain trade discounts or incentives and are not liable to service tax merely because they are recorded as income.

2026 (9) TMI 1600
Case Laws Service Tax
Renting-service valuation cannot include pre-amendment shared expenses beyond statutory consideration, while extended limitation requires intentional suppression.
Proportionate reimbursements of electricity, water, municipal taxes, maintenance and other common outgoings under a no-rent arrangement were not part of taxable consideration for the pre-amendment period. Section 67 did not then include reimbursable expenditure, and Rule 5(1) could not enlarge the statutory valuation base. The later inclusion of reimbursable expenses operated prospectively. Extended limitation also required suppression with intent to evade tax; registration, regular returns, transparent expense-sharing, and no recovery beyond actual expenses did not establish that condition. The service-tax demand was therefore unsustainable on valuation and independently time-barred.

2026 (9) TMI 1601
Case Laws Money Laundering
Sick or infirm medical bail exception requires cumulative assessment of functional impairment and custody's capacity for continuous treatment.
The "sick or infirm" exception to the regular-bail restriction applies disjunctively and does not require a terminal, irreversible, imminently life-threatening condition or surgery. Eligibility depends on present physical functioning and whether custody can effectively and continuously provide the required treatment. Advanced age, spinal pathology, osteoporosis, restricted and painful movement, need for supervised rehabilitation, and cardiac management may cumulatively establish substantial physical impairment. Hospital referrals, investigations, medication, and conservative treatment do not alone demonstrate that adequate rehabilitation and supervision are available in custody. A pre-existing injury does not bar relief, while risks concerning witnesses or evidence may be addressed through strict bail conditions.

2026 (9) TMI 1602
Case Laws IBC
Insolvency Professional Registration Suspension Applies Across Assignments, Leaving the Disciplinary Order Effective Pending Merits Appeal
Suspension of an insolvency professional's registration applies across all insolvency assignments because registration is the statutory basis for acting in any insolvency process. Intimation of suspension to Committees of Creditors and the Adjudicating Authority operationalises that consequence and does not exercise the separate replacement power of a Committee of Creditors. Ad-interim relief against a public-interest disciplinary order requires a prima facie case, balance of convenience and irreparable injury; no sufficiently strong basis was established. Regulation 18(3) was treated as governing agenda placement without prima facie requiring prior intra-class majority approval. The requested stay was declined, while proportionality and disciplinary merits remain open for final determination.

2026 (9) TMI 1603
Case Laws IBC
Resolution-plan finality extinguishes excluded pre-transfer tax claims, barring refund adjustments and later reassessment for the covered period.
Approved resolution plans under the Insolvency and Bankruptcy Code bind governmental authorities and freeze or extinguish pre-transfer income-tax claims omitted from the plan. The Code's overriding effect prevails over the Income-tax Act power to adjust refunds against outstanding tax demands. Consequently, excluded statutory tax dues cannot be pursued as pre-transfer liabilities, obtain priority over secured creditors, or support tax notices, consequential orders, refund adjustments, or fresh and reassessment proceedings for the relevant period. Refunds adjusted against such pre-transfer demands must be repaid with applicable interest.

2026 (9) TMI 1604
Case Laws IBC
Limitation for IBC appeals: inordinate delay resulted in dismissal despite COVID-19 extension and condonable-delay considerations.
Limitation for appeals under the Insolvency and Bankruptcy Code was considered in the context of COVID-19-related extension of limitation and condonable delay. An inordinate delay resulted in dismissal of the civil appeal on the ground of delay, notwithstanding the limitation-extension context.

2026 (9) TMI 1605
Case Laws Customs
Pre-notice payment of differential customs duty concludes proceedings when statutory payment conditions are met, preventing surviving demand and penalties.
Payment of the entire differential customs duty before a show cause notice, coupled with satisfaction of the statutory requirements under Section 28(5), renders proceedings conclusive under Section 28(6). Once those conditions are met, a subsequent demand for differential duty and related penalties cannot be sustained. This consequence applies equally where identical facts arise under the same show cause notice.

2026 (9) TMI 1606
Case Laws Customs
Final foreign-trade policy interpretation supports intercompany export benefits and helicopter-parts exemption, while extended limitation fails.
Final DGFT interpretation under the Foreign Trade Policy treating two incorporated entities as Group Companies binds Customs authorities, permitting intercompany use of duty-credit scrips and port-handling earnings for export-obligation fulfilment. Helicopter parts imported under SFIS/SHIS qualify as capital goods where helicopters support personnel transport and project monitoring for infrastructure operations; a civil-aviation classification as private use does not establish personal use or breach of the Actual User Condition. The associated exemption therefore applies, invalidating the duty demand, confiscation, redemption fine and penalties. Extended limitation cannot apply absent deliberate non-disclosure, wilful misstatement or suppression with intent to evade duty; prior disclosures and permissions independently defeated that basis.

2026 (9) TMI 1607
Case Laws Customs
Private warehouse licensing disqualification requires a Customs Act offence, not merely civil penalties for customs contraventions.
Regulation 3(2)(c) of the Private Warehouse Licensing Regulations, 2016 disqualifies an applicant only where it has been penalised for an offence under the Customs Act, rather than merely subjected to a civil monetary penalty for a customs contravention. Customs offences fall within the criminal-offence framework, distinct from civil adjudication of contraventions. Disclosure of pending customs matters does not itself establish disqualification, particularly where the prescribed antecedent-verification procedure has not been shown to be followed. Rejection of a private bonded warehouse licence solely on prior customs adjudication proceedings is therefore legally unsustainable.

2026 (9) TMI 1608
Case Laws Customs
Medical-device parts classification secures lower IGST treatment when parts are designed for sole or principal use.
Medical-device parts and accessories suitable solely or principally for use with instruments under CTH 9018 are classified with those instruments under Chapter Note 2(b), rather than under residual CTH 9033. Heading 9018 covers medical instruments and appliances and their qualifying parts and accessories, while CTH 9033 applies only where Chapter 90 does not otherwise specify the goods. This classification attracts 12% IGST under the applicable rate entry; reclassification under CTH 9033 and a consequential differential IGST demand are unsustainable.

2026 (9) TMI 1609
Case Laws Customs
Ultimate-use exemption for imported wind generator parts survives pre-commissioning transfer when components remain exclusively used in turnkey projects.
Imported wind-operated electricity generator components remain eligible for an end-use exemption when transferred to customers before erection and commissioning under turnkey projects, provided they are ultimately used for the specified purpose. The conditions require use in the manufacture or maintenance of wind-operated electricity generators, but do not independently require the importer to retain ownership until commissioning. Transfer of title, movement to the project site, or contractual supply does not breach the condition where the importer executes the project and no diversion or alternative end-use occurs.

2026 (9) TMI 1610
Case Laws Customs
Tariff classification of electrical contacts depends on chapter exclusions and essential character, not precious-metal content, preserving appellate remedies.
Self-assessed bills of entry constitute orders of assessment appealable under Section 128 of the Customs Act; prior departmental reassessment, a lis or a speaking order is unnecessary. Waiver of show cause notice and personal hearing at adjudication does not waive the separate statutory right of appeal unless relinquishment is informed and express. Rivet Mobile Contact, identifiable by its dedicated design and end use as an electrical contact, falls under Heading 8538. Chapter 71 exclusions and the essential character test prevail over silver content, for which Revenue bears the burden of proof. Absent misdeclaration of description, quantity or value, a bona fide disclosed classification dispute does not support confiscation, redemption fine or penalty.

2026 (9) TMI 1611
Case Laws Customs
Customs valuation of royalty depends on proof that it relates to imported goods and conditions their sale.
Rule 10 permits royalty or licence fees to be added to customs transaction value only when the payment relates to imported goods and is a condition of their sale; those requirements are cumulative. The same condition-of-sale requirement applies to residual payments under Rule 10(1)(e), and its Explanation does not expand the substantive test. Royalty calculated on finished goods' net selling price for technology transfer, intellectual-property rights, manufacturing rights and post-import commercial exploitation is not includible merely because imported components are used in domestic manufacture or are obtained from a related supplier. A direct contractual nexus with the imported goods and sale condition must be established.

2026 (9) TMI 1612
Case Laws Customs
Functional integration governs classification of coagulation analyser micro-cuvettes as instrument accessories rather than residual plastic articles.
Specially designed STA micro-cuvettes used solely with coagulation analysers fall within CTI 9027 9090 as parts or accessories under Chapter 90 Note 2(b), rather than CTI 3926 9099 as other plastic articles. Their dedicated configuration, absence of an established general laboratory use, and steel ball's interaction with the analyser's magnetic sensing mechanism establish functional integration necessary to determine coagulation time. The plastic outer body does not control classification, and single-use or disposable status does not prevent classification as an instrument part or accessory. Residual Heading 3926 does not apply where Chapter 90 specifically covers the goods.

2026 (9) TMI 1613
Case Laws Customs
Warehousing interest does not apply to capital goods originally intended for approved warehouse operations despite later home-consumption clearance.
Capital goods intended for use in a warehouse authorised to undertake operations under Section 65 fall within the open-ended warehousing category under Section 61(1)(a) of the Customs Act, 1962. Interest under Section 61(2) applies only to residuary goods under Section 61(1)(c), so the ninety-day interest trigger does not govern those capital goods. Intention is assessed at import and warehousing, rather than by later installation or clearance. Supervening design and layout constraints causing partial non-installation do not change the goods' original intended use. Clearance for home consumption therefore does not attract interest where the goods remained capital goods intended for Section 65 operations.

2026 (9) TMI 1614
Case Laws Customs
Fresh export authorisation can support provisional release where delayed licensing is technical and goods remain under official detention.
Provisional release of goods seized under the NDPS Act may be considered under Article 226 in exceptional circumstances where the goods remain in Customs custody and the dispute concerns the effect of a later export authorisation rather than criminal liability for seizure. Export remains subject to prescribed authorisation. Where an earlier authorisation expired before filing of the shipping bill, but the licensing authority cancelled it and issued a fresh valid authorisation for the same goods and overseas consignee, the later authorisation may support provisional release. A technical delay in obtaining authorisation, without intent to export unauthorised goods, need not defeat release; statutory adjudication and criminal processes remain available.

2026 (9) TMI 1615
Case Laws Customs
Optical fibre cable classification dispute ends with dismissal following an identical appeal on misclassification, testing, limitation, and refund issues.
Optical fibre cable classification raises issues of alleged misclassification and suppression, sample and test-report evidence, burden of proof, extended limitation, adjudicating authority findings, and refund claims. A Larger Bench ruling, its Supreme Court stay, and Circular No. 12/2006-Cus are identified as relevant. The Civil Appeal was dismissed by reference to the dismissal of an identical appeal involving the same subject matter.

2026 (9) TMI 1616
Case Laws Income Tax
Asset-wise depreciation for capital grants replaces uniform disallowance, while solar-installation advances remain taxable revenue receipts.
Depreciation attributable to capital grants, subsidies and consumer contributions requires asset-wise apportionment under Explanation 10 to section 43(1), using each asset's applicable depreciation rate rather than a uniform rate. Borrowing costs for capital work-in-progress remain capitalised on the actual project-specific basis where the accounts show no changed method. Advance financial assistance for installing solar home-light systems is revenue in nature because it supports implementation for beneficiaries rather than the recipient's own capital activity. Interest on staff loans and business-connected miscellaneous receipts are business income, whereas residual non-business receipts are income from other sources. Book-profit adjustments for grants and advances require identification and application of the relevant clause in Explanation 1 to section 115JB(2).

2026 (9) TMI 1617
Case Laws Income Tax
Additional evidence on share transactions requires fresh factual examination before determining the allowability of short-term capital loss.
Rule 29 permits admission of additional evidence where it is necessary for effective adjudication or substantial cause exists. Bank and depository transaction statements directly bearing on disputed share purchases, payments, holdings and sales are material to assessing whether transactions occurred and whether a claimed short-term capital loss is genuine. Where such evidence was not examined by lower authorities, fresh factual verification at the first appellate level, with both sides heard on the additional material and complete record, is required before the loss claim can be determined.

2026 (9) TMI 1618
Case Laws Income Tax
Actual commencement of charitable activities determines the registration deadline; provisional registration alone cannot establish the relevant starting date.
Regular registration under section 12AB and connected approval under section 80G(5) require the time limit in section 12A(1)(ac)(iii) to be calculated from the trust's actual commencement of charitable activities. Provisional registration, granted without verification of underlying activities, does not by itself establish that commencement date. Preliminary or administrative expenditure and audited financial statements require factual examination to identify when activities actually began. The commencement date must be verified after providing a reasonable opportunity to submit supporting material, and the registration and approval applications must then be determined afresh.

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