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 ✕
Filter Across TMI ❯
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
Law:
---- All Laws---- ❯
  • ---- All Laws----
  • Income Tax
  • Direct Taxes
  • DTAA
  • Benami Property
  • GST
  • GST - States
  • Customs
  • DGFT
  • SION
  • SEZ
  • FEMA
  • Companies Law
  • SEBI
  • IBC
  • Law of Competition
  • LLP
  • Partnership Firms
  • Trust and Society
  • Money Laundering
  • Labour laws
  • Bharatiya Nyaya
  • Indian Laws
  • F. Acts / Amendment Acts
  • Bills
  • Wealth-tax
  • Service Tax
  • Cenvat Credit
  • Central Excise
  • Central Sales Tax
  • VAT - Delhi
Category:
---- All Categories ---- ❯
  • ---- All Categories ----
  • Case Laws
  • Acts / Rules
  • Notifications
  • Circulars
  • Forms - Annexure
  • Tariff / Classification
  • Duty Drawback
  • Schedules / SION
  • Discussion Forum
  • Highlights
  • Articles
  • Manuals / Reckoners
  • News / Feed
  • Short Notes
  • TMI Info
From Date:
To Date:
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
☰   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:

Search Across Website
Showing Results for :
Reset Filters
Results Found:
Show All Summaries Hide All Summaries
Admitted execution of a cheque triggers presumptions of consideration and legally enforceable liability; the drawer must rebut them through a probable defence on a preponderance of probabilities. Inconsistent claims that the cheque was lost or stolen, unsupported challenges to the payee's financial capacity, and non-disclosure of a cash loan in accounts or income-tax returns did not displace that presumption. Bank evidence showing credit to the named payee and a signed return memo established presentation and dishonour, notwithstanding alleged deposit through the payee's firm. "Refer to drawer" falls within dishonour for insufficiency of funds. Revisional jurisdiction does not permit reappreciation of evidence absent perversity, so the concurrent conviction remained undisturbed.

Section 122(1A) of the CGST Act extends penalty exposure to registered and unregistered persons, not only taxable persons, for specified invoice and input tax credit contraventions. Liability requires cumulative proof that the person retained the benefit of the identified transaction and that it was conducted at that person's instance; status as a director, employee, signatory or associate is insufficient. Proceedings must identify the covered underlying contravention and make person-specific, evidence-based findings on both elements, consistent with natural justice and reasoned adjudication. The provision does not create general vicarious liability and applies prospectively only to underlying acts or transactions occurring on or after 1 January 2021.

Corporate-debtor premises may be recovered through the insolvency process when ownership is established and an occupant fails to prove an enforceable tenancy, leasehold interest, or licence. Resolution professionals must obtain custody and protect assets; recovery has a sufficient insolvency nexus for the Adjudicating Authority, while administrative assistance may follow a competent order. Permission to store goods, prolonged occupation, utility records, and business registrations do not by themselves create proprietary or possessory rights. Oral tenancy remains legally possible but requires reliable proof of agreed terms, intention and, where relevant, payment and acceptance of rent. Lease or licence character depends on the arrangement's substance, not labels or exclusive possession alone.

Notification No. 16/2019 - State Tax Dated:- 17-5-2019 Jharkhand SGST
Input tax credit relating to inputs, input services, and capital goods used in construction services must be apportioned and finalised project-wise using carpet-area measures. Excess credit attributable to exempt or unbooked portions must be reversed with applicable interest, while excess reversals may be claimed as credit. Shared inputs, input services, and capital goods must be assigned among projects on a reasonable basis. Integrated-tax credit must first be applied against integrated-tax liability before other tax credits may be used.

Notification No. 50/2023 - State Tax Dated:- 29-2-2024 Jharkhand SGST
Effective from 1 October 2023, the reference in S.O. No. 141-State Tax to registered persons making supply under the composition levy under section 10 is qualified by an express exclusion. Registered persons making supply of specified actionable claims, as defined in section 2(102A), are excluded from the category described by that reference. The amendment applies the existing statutory definition to delimit the relevant class of registered persons.

Notification No. 51/2023 - State Tax Dated:- 29-2-2024 Jharkhand SGST
Valuation of online gaming, including actionable claims involved in online money gaming, is based on the total amount paid, payable or deposited with the supplier by or on behalf of the player, whether in money, money's worth or virtual digital assets. Amounts returned or refunded to the player cannot be deducted from taxable value. Winnings reused in a further event without withdrawal are excluded from amounts paid or deposited by that player.

2026 (9) TMI 1994 - DELHI HIGH COURT HC
Real-estate anti-profiteering under Section 171 requires project-level identification of additional input tax credit and allocation of the saving across total project area on a per-square-foot basis. Purchase value may quantify credit attributable to project expenditure, but turnover or collections cannot serve as the allocation basis. The comparison must use pre-GST credit actually availed rather than merely available credit. GST collected on consideration inflated by an undistributed benefit forms part of the amount not passed on and remains distinct from statutory interest.

2026 (5) TMI 946 - ITAT CHENNAI AT
Section 10(10AA)(ii) governs retirement leave-encashment exemption for non-Government employees, subject to the ten-month earned-leave measure, average-salary computation, and the notified monetary ceiling. Notification No. 31/2023 specifies an enhanced ceiling of Rs. 25,00,000, is deemed effective from 1 April 2023, and certifies that retrospective effect causes no adverse effect. The enhanced ceiling is treated as a remedial rationalisation of an existing exemption and may govern pending earlier-period matters, while preserving the distinction between Government and non-Government employees.

2026 (5) TMI 1510 - ALLAHABAD HIGH COURT HC
Transit-State jurisdiction under GST permits interception, document production, e-way bill verification and authorised physical inspection of goods moving through an intermediate State. It does not, in a pure transit movement, support detention-related penalty for an external inter-State supply where origin and destination lie outside the intercepting State, no tax is payable there, and there is no evidence of diversion, local supply, fictitious or mismatched documents, or mismatch of goods. Cross-empowerment is administrative and does not create an independent territorial taxable nexus.

Notification No. 26/2022 - State Tax Dated:- 1-6-2023 Jharkhand SGST
Input tax credit on an invoice or debit note reported in FORM GSTR-1 or the Invoice Furnishing Facility must be reversed in FORM GSTR-3B by 30 November following the financial year of availment if the supplier has not filed the corresponding FORM GSTR-3B by 30 September; interest applies on default, and credit may be re-availed after supplier filing. A liability mismatch between FORM GSTR-1 or the Invoice Furnishing Facility and FORM GSTR-3B triggers FORM GST DRC-01B, requiring payment with interest or an electronic explanation. Non-payment without an acceptable explanation is recoverable and restricts later return filing.

Notification No. 52/2023 - State Tax Dated:- 29-2-2024 Jharkhand SGST
Related-person supply of corporate guarantee services to a banking company or financial institution is valued at one per cent of the guarantee amount or the higher actual consideration. The amendments also replace an order with an intimation in the specified procedure, limit the continuing effect of orders under rule 159 and FORM GST DRC-22, add One Person Company registration, revise cancellation procedures for tax deductors and collectors, and update tax collected at source reporting and practitioner enrolment forms.

Notification No. 38/2023 - State Tax Dated:- 12-12-2023 Jharkhand SGST
Registered persons must furnish bank-account details within the prescribed post-registration period or before filing outward-supply details, whichever occurs first. Non-compliance may suspend registration until rectified and blocks outward-supply reporting. Where input tax credit claimed in FORM GSTR-3B exceeds input tax credit reflected in FORM GSTR-2B beyond the prescribed threshold, an electronic intimation requires payment with interest or a reasoned reply within seven days; unresolved discrepancies may be subject to demand proceedings.

Notification No. 9/2025 - State Tax(Rate) Dated:- 26-9-2025 Jharkhand SGST
State tax is levied on intra-State goods supplies at schedule-specific rates determined by the goods' Customs Tariff classification and description. Schedule I covers specified food, agricultural, medical, accessibility, renewable-energy, transport, industrial and consumer goods. Schedule II covers a broad range of goods and operates as the residual classification for goods absent from the other stated schedules. Separate schedules apply higher rates to specified beverages, vehicles, actionable claims and tobacco, and concessional rates to precious metals, jewellery, diamonds and precious stones.

Notification No. 4/2024 - State Tax Dated:- 21-3-2024 Jharkhand SGST
Covered manufacturers of specified pan masala and tobacco goods must electronically register packing machines in FORM GST SRM-I, promptly report machine additions, capacity changes and disposals, and upload Chartered Engineer certification. Machine disclosures include capacity, package weight, power consumption, operational status and product details. FORM GST SRM-II must be filed monthly by the tenth day of the succeeding month, reporting inputs, production by machine and package, and electricity, generator and solar-power consumption.

Circular No. 175/7/2022-GST Dated:- 3-1-2023 Jharkhand SGST Dated:- 3-1-2023 Jharkhand SGST
Refunds of unutilised input tax credit for export of electricity require electronic filing of FORM GST RFD-01 under the "Any Other" category, with Statement 3B, scheduled-energy records, tariff agreements and refund calculations. The relevant date is the last day of the export month reflected in the Regional Energy Account. Export turnover is based on scheduled energy and contractual tariff, using the lower quantity where invoices and scheduled-energy records differ. Domestic electricity turnover is excluded from Adjusted Total Turnover, and ITC used for domestic exempt supplies must be excluded.

Circular No. 174/6/2022-GST Dated:- 3-1-2023 Jharkhand SGST Dated:- 3-1-2023 Jharkhand SGST
Electronic credit ledger re-credit is available when a registered person repays an erroneous refund through FORM GST DRC-03 by debit to the electronic cash ledger, with applicable interest and penalty. It covers specified erroneous IGST and unutilised input tax credit refunds. Until automated portal functionality is available, a written Annexure-A request is required. On verification of full payment, the proper officer re-credits only the refund amount through FORM GST PMT-03A, preferably within 30 days from the later of the request or full payment.

Circular No. 172/4/2022-GST Dated:- 3-1-2023 Jharkhand SGST Dated:- 3-1-2023 Jharkhand SGST
Credit made available to recipients of deemed export supplies solely to process refund claims is not ordinary input tax credit, is outside section 17 restrictions, and is excluded from Net ITC computations. The employee-benefit proviso applies across the relevant blocked-credit clause, while leasing restrictions cover only specified motor vehicles, vessels, and aircraft. Employer-provided perquisites under employment contracts are outside GST. Electronic credit ledger balances may pay output tax only, excluding reverse-charge and non-tax liabilities; electronic cash ledger balances may pay tax, interest, penalties, fees, and other payable amounts.

Private Trust become a Partner in LLP
Discussion Forum Companies Law
Transfer of an LLP partner's share or interest to a private discretionary trust raises questions about whether the trust may hold the interest and participate through its trustee as representative partner. Guidance is sought on assignment or transfer of partnership interests, the trust's status in an LLP, and the trustee's capacity to remain a designated partner while representing the trust.

2024 (11) TMI 1674
Case Laws Income Tax
Cash loan disbursements are not loan repayments, preventing penalty for breach of prescribed repayment-mode requirements.
Section 269T applies only where a loan or deposit is repaid otherwise than through prescribed banking modes. Cash disbursements by a co-operative society to its members as loans or advances are not repayments of loans or deposits received from them, unless material establishes their repayment character. Consequently, penalty under Section 271E is not leviable for such disbursements. Treating the same sum as income while also characterising it as a loan for applying Section 269T is internally inconsistent.

2025 (4) TMI 2312
Case Laws Income Tax
Derivative transaction characterisation permits business-loss set-off, while unclaimed capital-account expenditure does not attract exempt-income disallowance.
Eligible security-derivative transactions conducted through recognised stock exchanges are excluded from speculative treatment under section 43(5). Their business or investment character depends on transaction frequency and volume, holding pattern, settlement terms, accounting treatment and the manner of dealing. Frequent, high-volume, non-delivery derivative trades supported by separate ledgers and audit records support treatment as business activity, permitting set-off of resulting losses against commodity-derivative business income. Section 14A applies only where expenditure relating to exempt income is claimed against taxable income. Where investment-related expenditure is capitalised and no borrowed funds or interest expenditure exist, Rule 8D(2) lacks a factual basis for disallowance.

TMI Search

Back

All TMI Search

Showing Results for :
Reset Filters
No Records Found

TMI Search

Back

All TMI Search

Topics

Acts Income Tax