Loading...

⚠ ✕
❮ Top
☎ Help
☰
×

By creating an account you can:

Logo TaxTMI
Call Us / Help / Feedback✕

Contact Us At :

✉ E-mail: [email protected]

✆ Call / WhatsApp at: +91 99117 96707

For more information, 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 ✕
🔎 Filters / Advanced Search ❯
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----
  • Benami Property
  • Bill
  • Central Excise
  • Companies Law
  • Customs
  • DGFT
  • FEMA
  • GST
  • GST - States
  • IBC
  • Income Tax
  • Indian Laws
  • Money Laundering
  • SEBI
  • SEZ
  • Service Tax
  • VAT / Sales Tax
Types:
---- All Types ---- ❯
  • ---- All Types ----
  • Act Rules
  • Case Laws
  • Circulars
  • Manuals
  • News
  • Notifications
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 ❯
    News Bills
    Increasing threshold limit for co-operatives to withdraw cash without TDS
    News Bills
    Relief to sugar co-operatives from past demand
    News Bills
    Agnipath Scheme, 2022
    News Bills
    Promoting timely payments to Micro and Small Enterprises
    Power of NCLT/NCLAT vis-à-vis writ jurisdiction of the high court.
    Case Laws Indian Laws
    Corporate Debtor includes a corporate guarantor even if Principal Borrower being an individual/sole ...
    Case Laws Central Excise
    Interpretation of term "basic excise duty".
    Case Laws Indian Laws
    Amendments to the Code of Civil Procedure, 1908 by the Amendment Act 46 of 1999 and Amendment Act 2...
    Limitation Act and the Corporate Insolvency Resolution Process (CIRP) under the Insolvency and Bankr...
    An insight into Advance Ruling and the functioning of the Authority for Advance Ruling (AAR).
    Case Laws Customs
    Show cause notice issued by Additional Director General-Directorate of Revenue Intelligence is not a...
    Writ Petition cannot be a tool to escape the statutory remedies available under the law-Supreme Cour...
    Case Laws Income Tax
    Reassessment conducted after 4 years by Income Tax Authorities.
    Case Laws Service Tax
    Principles of Natural Justice upheld by the Court/s.
    Case Laws Indian Laws
    Liberal interpretation of limitation law by the supreme court in covid-19 phase.
    Case Laws Customs
    Examining the legality of confiscation of an Imported car.
    Case Laws Customs
    Show cause notice non est in the eyes of law for want of jurisdiction of the authority issuing it.
    Seeking grant of Bail - wrongful availment of Input Tax Credit and fake invoices.
    Case Laws Corporate Laws
    Oppression and Mismanagement under the Companies Act, 2013.
    Case Laws Money Laundering
    Money Laundering - proceeds of crime - scheduled offence - alleged money scam - twin conditions of g...
❮
❯
❯❯
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:

Notes
Showing Results for :
Reset Filters
Results Found:
Show All Summaries Hide All Summaries
News Bills
Show AI Summary
TDS threshold for co-operative societies increased, altering cash withdrawal TDS applicability and retaining higher deduction rates for non-filers.
The Finance Bill, 2023 amends Section 194N to treat co-operative societies as if the statutory cash-withdrawal TDS threshold were replaced by a higher threshold for the purpose of that section, effective from the start of the next financial year, while preserving the existing non-filer deduction rates and the statutory definition of non-filer.
News Bills
Show AI Summary
Deductibility of sugarcane purchase price: recomputation permitted for co-operative mills where prices meet government-fixed approvals.
Confirms that payments by sugar co-operative mills for purchase of sugarcane at prices equal to or less than government-fixed or approved rates are allowable as a deduction for computing business income. Where such deductions were previously claimed and disallowed, an assessee may apply to the tax authority for recomputation of total income for the relevant previous year; the authority must allow the deduction to the extent the expenditure meets the qualifying price condition and apply rectification provisions and the prescribed processing period.
News Bills
Show AI Summary
Agniveer Corpus Fund tax exemption: contributions and Seva Nidhi receipts exempt, government contribution treated as salary with deduction.
The Agnipath Scheme creates a non-lapsable Agniveer Corpus Fund holding Agniveer contributions, matching Government contributions and interest; Seva Nidhi is the one-time terminal package payable on completion of engagement. The Finance Bill proposes to exempt Seva Nidhi receipts from income tax and to permit deduction from total income of both the Agniveer's deposits and the Government's matching contributions, while treating the Government contribution as salary with a corresponding deduction and extending a similar deduction in the new tax regime.
News Bills
Show AI Summary
Payment timing for micro and small enterprises: tax deduction allowed only on actual payment when MSMED timelines are missed.
An amendment to Section 43B inserts a clause disallowing accrual-based deduction for sums payable to micro and small enterprises when payment is made after the time limits prescribed by the MSMED Act; the proviso to Section 43B will not apply to such payments, and only payments made within the MSMED timelines qualify for accrual-based deduction.
Case Laws IBC
Show AI Summary
Writ jurisdiction protects review where specialised tribunals act beyond statutory powers; tribunals may only inquire into fraud.
Writ jurisdiction remains available to correct a tribunal acting without statutory power; NCLT lacked jurisdiction to adjudicate MMDR Act lease disputes, so a writ challenging its order was justified. NCLT/NCLAT may inquire into allegations of fraud in CIRP, but they cannot adjudicate substantive statutory or quasi judicial disputes that require judicial review of administrative action.
Case Laws Indian Laws
Show AI Summary
Corporate guarantor liability: written acknowledgement restarts limitation and permits insolvency proceedings against the corporate debtor.
A corporate guarantor qualifies as a corporate debtor liable to insolvency proceedings where its liability mirrors the principal borrower's, and a written acknowledgement of liability restarts the limitation period, enabling a financial creditor to initiate insolvency proceedings despite an earlier default date; factual and other objections remain open for merit-based adjudication in the insolvency forum.
Case Laws Central Excise
Show AI Summary
Interpretation of basic excise duty: exemptions do not extend to separately enacted cesses or ancillary excise levies.
An exemption of basic excise duty must be given a strict, literal construction limited to that duty alone; it does not extend to duties or cesses-such as National Calamity Contingent Duty, education cesses, additional or auxiliary excise duties-that are imposed by different legislation or for different purposes.
Case Laws Indian Laws
Show AI Summary
Procedural Amendments to Civil Procedure reinforce expedited summons, alternative dispute resolution and affidavit-based witness examination.
The Supreme Court upheld the 1999 and 2002 amendments to the Code of Civil Procedure as procedural reforms to expedite litigation. Key clarifications include issuance of summons within thirty days under Section 27 provided plaintiffs have completed enabling steps; promotion of Alternative Dispute Resolution under Section 89 with suggested rules and case management; Order 7 Rule 11 permitting rejection of plaints for specified noncompliance but allowing rectification; and Order 18 Rule 4 requiring examination-in-chief by affidavit subject to court discretion and permitting mechanical recording of evidence.
Case Laws IBC
Show AI Summary
Acknowledgement of debt extends limitation for IBC filings; recovery certificate or decree creates fresh cause of action to initiate CIRP.
An acknowledgment in writing by a corporate debtor of a subsisting liability restarts the limitation period for initiating CIRP; a final judgment, decree or a recovery certificate, if dues remain unpaid, gives rise to a fresh cause of action permitting a financial creditor to initiate insolvency proceedings within the applicable limitation period measured from the date of that judgment, decree or certificate. Limitation questions are mixed fact and law issues requiring pleaded facts and evidence, and pleadings in an insolvency petition may be amended or supplemented when appropriate.
Case Laws GST
Show AI Summary
Advance ruling immunity limitation: pending enforcement investigations bar AAR consideration and provide no protection.
The advance ruling mechanism provides tax certainty for proposed or completed transactions, but is inapplicable where the same question is the subject of enforcement proceedings. An applicant seeking a rate and classification ruling for works for a central housing body was found to have concurrent enforcement enquiries and prior inspection, search and seizure, bringing the case within the statutory proviso that excludes advance ruling consideration; clarification that "proceedings" covers enforcement chapters reinforces that AAR cannot provide immunity from ongoing investigations.
Case Laws Customs
Show AI Summary
Proper officer requirement invalidates notices issued by unauthorized DRI officials; statutory authority required for issuance.
A show cause notice issued by an Additional Director General of the Directorate of Revenue Intelligence was held not to be issued by a proper officer under the Customs Act, 1962; show cause notices must originate from an authority expressly empowered by statute, rule, notification or other lawful instrument, and notices issued by officers outside the statutory definition of proper officer lack validity and cannot ground further proceedings.
Case Laws GST
Show AI Summary
Writ petition as bypass of statutory remedies is impermissible; statutory remedy under tax law must be pursued first.
Writ petitions cannot be used to bypass available statutory remedies in tax matters; where a statutory remedy under the GST law exists, a taxpayer must pursue that remedy before invoking writ jurisdiction. In the present facts, detention of goods and demand of tax and penalty led to a writ challenge which the High Court entertained on factual grounds, but the superior forum set aside that order and directed pursuit of the statutory remedy, noting the narrow exceptions permitting writ relief were not shown.
Case Laws Income Tax
Show AI Summary
Reopening assessments beyond four years barred where full and true disclosure eliminates omission to disclose material facts.
Reopening an assessment beyond four years is permissible only if there was an omission to disclose material facts; where the assessee had fully and truly disclosed loan and interest details and the assessing officer merely sought a different view on deduction versus capitalization using the same material, the condition precedent for reopening under the proviso is not met and the notice to reopen cannot be sustained.
Case Laws Service Tax
Show AI Summary
Principles of natural justice require hearing before rejecting an SVLDRS declaration, prompting fresh reconsideration with a speaking order.
An administrative rejection of an application under the Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 for alleged ineligibility was found to have failed procedural fairness by denying notice and hearing. The court required the Designated Committee to reconsider the declaration after affording the applicant a hearing with prior intimation and to issue a reasoned speaking order reflecting the scheme's remedial purpose.
Case Laws Indian Laws
Show AI Summary
Extension of limitation period grants a 90-day filing window from March, or the longer balance where applicable.
Suo motu measures made the period from 15.03.2020 to 28.02.2022 excluded from computation of limitation and made any balance of limitation available from 01.03.2022; where limitation expired in that window, a 90 day period from 01.03.2022 applies, subject to any longer balance. The exclusion covers arbitration, commercial courts, negotiable instruments and related periods for instituting proceedings, condoning delay and termination timelines.
Case Laws Customs
Show AI Summary
Option to pay fine in lieu of confiscation: reassess imported used car value and penalty before absolute confiscation.
Rejection of the declared transaction value of an imported used car cannot rest solely on a Chartered Engineer report without due consideration of the importer's documentary submissions; where importation was not prohibited and only a policy condition on prior foreign use was breached, the authority must re determine assessable value and consider the option to pay a fine in lieu of confiscation, including reassessment of penalty quantum and incidental charges.
Case Laws Customs
Show AI Summary
Jurisdictional validity of show-cause notices: notices by officers lacking statutory authority are invalid and challengeable despite alternate remedies.
Show-cause notices issued by officers of the Directorate of Revenue Intelligence who are not proper officers under the statutory scheme suffer from a jurisdictional defect and are non est; where proceedings are wholly without jurisdiction an alternate remedy does not preclude challenge, and show-cause notices must have statutory backing and not be used as instruments of harassment.
Case Laws GST
Show AI Summary
Wrongful availment of Input Tax Credit: bail denied due to gravity of economic offence and nascent investigation.
Allegations assert coordinated issuance of fake invoices among about 56 firms to wrongfully claim Input Tax Credit, allegedly evading taxes amounting to Rs. 5.65 crore. Considering the scale, conspiratorial nature, and nascent stage of investigation, and recognising economic offences as particularly serious for public finances, the court refused bail to the applicant Saurabh Srivastava and dismissed the bail application.
Case Laws Corporate Laws
Show AI Summary
Oppression and mismanagement: protection of initial shareholding and valuation to enable fair exit for aggrieved shareholder.
The petition alleged majority conduct that altered the petitioner's intended equity stake and diverted company funds, constituting unfair treatment of a minority shareholder. The tribunal preserved the petitioner's original shareholding at incorporation and directed a share valuation to enable a fair exit, with the company bearing the valuation fee and interim protection against further alteration of shareholding.
Case Laws Money Laundering
Show AI Summary
Bail presumption in money laundering cases requires reasonable grounds to believe accused is not guilty before release.
Money laundering bail applications balance the presumption that bail is the rule against offence gravity and statutory constraints. Courts consider nature and seriousness, evidence quality, accused's circumstances, risk of non appearance and witness tampering, and public interest. The twin condition requires prosecutorial opposition and that, if opposed, there be reasonable grounds to believe the accused is not guilty and will not reoffend; investigative stage, missing materials and absconding principal suspects materially affect this assessment.

TMI Notes

Back

All TMI Notes

Showing Results for :
Reset Filters
No Records Found

TMI Notes

Back

All TMI Notes

Input Tax Credit (ITC) and the Concept of "Plant" under GST: Supreme Court

29 November, 2024

Contents
Acts
Plus +
Summary
Note

Note

-

Bookmark

Print

Print

Plant classification under GST: functionality test determines ITC eligibility for buildings serving special technical requirements.
The expression plant or machinery in Section 17(5)(d) of the CGST Act must be interpreted by reference to functionality rather than by equating it with ... Summary

Topics

Acts Income Tax