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2026 (9) TMI 1121
Case Laws Service Tax
Limitation from order receipt prevents dismissal where dispatch alone fails to prove valid service and communication.
Limitation for an appeal from an adjudication order runs from receipt of the order, not its dispatch. Valid service requires proof that the order was served in the prescribed manner; dispatch alone does not establish communication. In the absence of evidence of earlier service, the appeal filed after receipt of the certified copy was within time. Ex parte adjudication without proof that the assessee knew of the proceedings denies an effective opportunity of representation and breaches principles of natural justice. The limitation rejection could not stand, and the merits required adjudication after a reasonable opportunity to respond.

2026 (9) TMI 1122
Case Laws Service Tax
Dealer incentives: Trade discounts and price adjustments lack taxable service consideration without a specific contractual obligation.
Target-based and other manufacturer incentives received by an authorised vehicle dealer operating on a principal-to-principal basis are trade discounts or price adjustments, rather than consideration for a taxable service, where the dealer resells vehicles and parts for its own profit. Increased manufacturer sales are incidental, and meeting sales targets is only a condition for a discount unless the dealer assumes an enforceable, identified obligation in return. Section 66E(e) requires an agreement expressly obliging a person to do, refrain from doing, or tolerate an act, with consideration specifically linked to that obligation. Without that contractual nexus, incentives, support and reimbursements do not attract service tax or consequential penalties.

2026 (9) TMI 1123
Case Laws Service Tax
Service tax reconciliation requires verification of corrected challans and customer advances before fresh adjudication of receipt-reporting differences.
Verification of discrepancies between Form 26AS receipts and ST-3 returns should cover corrected challans, tax payments, and reconciliation evidence. Where differential receipts represent customer advances invoiced later, the timing of service-tax discharge in the succeeding period requires examination. Production of supporting documents and a hearing are necessary before fresh adjudication; the matter was remanded to the original adjudicating authority for that verification.

2026 (9) TMI 1124
Case Laws Service Tax
Service-tax treatment of trading and hostel rentals excludes sales and residential-dwelling rent from taxable services.
Trading or sales involving transfer of title in goods fall outside the statutory definition of service, while renting a residential dwelling for hostel accommodation is excluded from service tax as residential use. Extended limitation requires evidence of deliberate suppression, fraud, or wilful misstatement intended to evade tax; disclosures and a reasonable view of non-taxability defeat its use. Form 26AS and income-tax return data alone cannot establish a taxable service, the parties to it, or consideration paid for it. Accordingly, these receipt categories do not support a service-tax demand or consequential liabilities.

2026 (9) TMI 1125
Case Laws Service Tax
Mandatory verification under the Sabka Vishwas Scheme requires reconsideration of conflicting payable amounts based on complete documentary evidence.
Section 126 of the Finance (No. 2) Act, 2019, read with Rule 6 of the Sabka Vishwas (Legacy Dispute Resolution Scheme) Rules, 2019, requires the Designated Committee to verify departmental records, the declarant's disclosure, and supporting material before determining the amount payable. The Scheme provides specified relief on tax dues, subject to its conditions, and does not permit refunds. Materially inconsistent Forms SVLDRS-3 issued on the same date, without verification of disclosed payments and documentary evidence, cannot support a valid determination. A fresh determination requires complete verification of the declaration and supporting records.

2026 (9) TMI 1126
Case Laws Money Laundering
Rectification of clerical error remains pending after applicant's non-appearance; prosecutor must notify the applicant's office before relisting.
Rectification proceedings concern correction of a clerical mistake said to have inadvertently appeared in a prior judgment. The Directorate of Enforcement filed the application, but no representative appeared to argue it. The public prosecutor was directed to notify the Directorate's office, and the matter was listed for a later date. No determination on the requested correction is recorded.

2026 (9) TMI 1127
Case Laws Money Laundering
Prima facie material for money laundering defeats discharge where records and statements indicate knowing transfer of criminal proceeds.
At the discharge stage, material must be assessed only for a prima facie case or strong suspicion; a roving inquiry or trial-like weighing of evidence is impermissible. Bank transfers, statements recorded under the Prevention of Money Laundering Act, and corroborative accounts of cash arrangements and delivery indicated that the transfers were not supported as ordinary business transactions. Knowingly assisting or participating in a process connected with proceeds of crime constitutes money laundering. The material therefore raised strong suspicion of knowing involvement in facilitating the transfer of proceeds of crime, and discharge was unwarranted.

2026 (9) TMI 1128
Case Laws Money Laundering
Money-laundering charges focus on criminal proceeds, statutory statements, prosecution sanction, and proof of a financial link.
Money-laundering proceedings under the PMLA raise issues concerning discharge and framing of charges, the statutory meaning of "proceeds of crime", and the character of money-laundering as an independent offence. Key questions include the admissibility of statements recorded under the PMLA, the need for prior sanction to prosecute a public servant, and whether evidence establishes a link between the accused and alleged criminal proceeds. The existence of a traceable money trail is also material to assessing the evidentiary basis for the charge.

2026 (9) TMI 1129
Case Laws IBC
IBC appeal limitation remains absolute: certified-copy delays cannot extend the non-extendable outer period for filing appeals.
Section 61(2) of the Insolvency and Bankruptcy Code requires an appeal within 30 days, with condonation for sufficient cause limited to a further 15 days. Time spent obtaining a certified copy cannot be excluded where the order was pronounced, uploaded on the same date, and publicly announced, particularly when administrative impediments and diligent pursuit of the copy remain unsubstantiated. Knowledge of the order does not extend limitation. Appeals filed beyond the non-extendable outer limit are not maintainable.

2026 (9) TMI 1130
Case Laws IBC
Interim moratorium protects civil debt recovery only, leaving cheque-dishonour prosecution and personal accountability unaffected.
Section 96 of the Insolvency and Bankruptcy Code imposes an interim moratorium on legal actions concerning debt during the moratorium period, but its scope is confined to civil debt-recovery actions. Criminal prosecution for cheque dishonour under Section 138 of the Negotiable Instruments Act remains outside that protection because it safeguards the credibility of negotiable instruments and enforces personal accountability. Accordingly, an interim moratorium does not bar or stay cheque-dishonour proceedings.

2026 (9) TMI 1131
Case Laws IBC
Expired Way Leave Permissions cannot be retrospectively renewed without jurisdiction, safety assessment, and a hearing for affected rights holders.
Retrospective renewal of an expired Way Leave Permission cannot revive rights that lapsed before corporate insolvency resolution proceedings or impair intervening authorised works. Fresh permission remains within the Railway authorities' competence and requires compliance with applicable engineering standards. A comprehensive safety audit and an opportunity of hearing are necessary where a proposed structure may affect existing underpasses, adjoining property or public safety. Persons facing potential adverse civil consequences have standing to challenge such administrative permission. Fraud or collusion requires proof beyond reasonable doubt; invalidity of the permission alone does not establish either allegation.

2026 (9) TMI 1132
Case Laws Companies Law
Binding Judicial Directions Remain Enforceable Despite Pending Review, Requiring Immediate Implementation of Vacant Possession Orders.
Article 141 makes the Supreme Court's declared law and unambiguous directions binding on all courts. A trial court must implement an express direction for immediate vacant possession where an undertaking binds all accused; it cannot use inherent jurisdiction under the Bharatiya Nagarik Suraksha Sanhita, 2023 to reinterpret, dilute, or sit in appeal over that direction. A pending review petition does not suspend the operative force of the judgment unless the Supreme Court grants a stay, modification, or suspension. The direction requiring the accused to vacate the residential quarters therefore remains enforceable.

2026 (9) TMI 1133
Case Laws Customs
Technical interpretation of customs exemptions excludes brake components from train-protection concessions and confines duty recovery to normal limitation.
Technical meaning governs the scope of the customs concession for Train Protection and Warning System (TPWS) equipment. Railway specifications distinguish track-side and on-board TPWS signalling equipment from interfaces with brake-control systems. Disc Brake Units and Pole Wheels, which form part of axle-mounted disc braking and wheel-slide protection systems, therefore do not qualify as TPWS parts or components and cannot receive the concessional duty rate. Strict construction requires the exemption claimant to establish square coverage. Where a notice invokes only the normal limitation provision for duty recovery, differential duty may be demanded only for Bills of Entry within that period; recovery beyond it requires invocation of the extended-period provision.

2026 (9) TMI 1134
Case Laws Customs
Reasonable belief under customs law limits burden shifting before gold confiscation and penalties for alleged smuggling.
Under the Customs Act, the burden-shifting presumption for gold arises only where seizure rests on a seizing officer's reasonable belief, supported by definite and objective material, that the goods are smuggled. Without that foundation, the Department must independently establish illicit importation through cogent evidence before confiscation or penalties can follow. Domestic procurement records, payment trails, stock and tax records, and transport or melting documents require effective rebuttal; uncorroborated or retracted statements alone do not prove smuggling. Cross-examination is required when specifically sought for relied-upon witness statements; absent such a request, its non-grant does not itself breach natural justice.

2026 (9) TMI 1135
Case Laws Customs
Physical incorporation of imported inputs preserves Advance Authorisation compliance despite duty-free packaging used for exported IMFL.
Under Advance Authorisations, the physical-incorporation requirement for satisfying export obligation applies to imported inputs used in the resultant export product. Imported Vetted Malt Scotch physically incorporated in exported IMFL meets that condition; separately procured duty-free bottles, caps and labels used only for packing do not constitute inputs physically incorporated in IMFL. Their use therefore does not, by itself, breach the relevant exemption condition or invalidate export-obligation fulfilment. For customs-duty recovery, DRI officers may issue notices when appointed as customs officers and assigned the relevant recovery function, which is distinct from assessment.

2026 (9) TMI 1136
Case Laws Customs
Provisional release of seized betel nuts was unwarranted where origin remained uncertain and food-safety testing showed unsafe contamination.
Provisional release of seized betel nuts under the Customs Act was not warranted where testing did not establish unequivocal Indian origin. Initial sampling indicated resemblance to Indonesian areca nuts and mould infestation; re-sampling reported Indian origin but did not address mould. Food-laboratory findings that the nuts were mould- and insect-damaged beyond prescribed limits, sub-standard and unsafe supported non-release. The availability of an appellate statutory remedy meant that challenges concerning seizure and release could be pursued through that remedy.

2026 (9) TMI 1137
Case Laws Customs
Transitional protection for pre-notification gold imports extends to bona fide commitments secured by substantial advance payments.
Paragraph 1.05(b) of the Foreign Trade Policy, 2023 provides transitional protection for bona fide import commitments made before a restrictive import notification. Although the provision expressly refers to irrevocable commercial letters of credit, substantial advance payments may provide equivalent or greater payment security to overseas sellers where business records establish genuine pre-existing transactions. The restriction on gold imports remains a policy decision, but its transitional application requires a purposive construction. Delegated legislation ordinarily operates prospectively unless retrospective operation is statutorily authorised. Pre-notification gold import transactions supported by substantial advance payments qualify for the transitional benefit.

2026 (9) TMI 1138
Case Laws Customs
Statutory limits on provisional bank-account freezing prevent attachment from continuing after expiry despite pending customs adjudication proceedings.
Section 110(5) of the Customs Act limits provisional bank-account attachment to six months, extendable once by a competent Commissioner in writing for up to a further six months, with communication before the original period expires. The maximum attachment period is therefore twelve months. A show cause notice under Section 124 or pending adjudication does not extend that limit. Once the maximum period expires, the attachment ceases by operation of law and cannot continue through administrative action.

2026 (9) TMI 1139
Case Laws Customs
Alternative statutory remedy does not bar writ review where alleged prohibition lacks an identified legal or notification basis.
Availability of an efficacious statutory appeal ordinarily calls for restraint under Article 226 but is not an absolute bar to writ jurisdiction. A challenge to treating goods as prohibited solely by description and asserted criminal-law application, without an identified statutory or notification-based prohibition, raised an arguable departure from objective legal standards affecting the right to trade. The preliminary alternative-remedy objection was rejected, the writ petition was maintainable, and the merits remained for hearing.

2026 (9) TMI 1140
Case Laws Benami Property
Prior approval for benami property attachment requires statutory notice and recorded reasons before the approval process begins.
Prior approval for provisional attachment under Section 24 of the Prohibition of Benami Property Transactions Act, 1988 must follow issuance of a written notice to the alleged benamidar, founded on recorded reasons to believe, with a copy to the beneficial owner. Attachment may be ordered only after the prescribed opinion is formed and the Approving Authority grants approval on the relevant material and reasons. Approval obtained before the statutory notice is issued is invalid because it bypasses the mandated sequence, lacks the necessary evidentiary basis, and makes the attachment process mechanical. Consequently, a provisional attachment based on such prior approval, and its confirmation, cannot be sustained.

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