Loading...

⚠ ✕
❮ Top
☎ Help
Draft upto 3 replies to a
tax notice — FREE 🎉 ✕

150 credits · 30 days

• Basic Search → 1 Credit
• Advanced Search → 3 Credits
• Drafter → 20 to extract + 25 per issue
(≈ upto 2-3 drafts on us)

Already used our earlier 20-Credit Demo?
You are still eligible for this new 150-Credit Demo.

Activate your FREE Demo →
☰
GST ▸
Central GST ▸
Integrated GST + ▸
UTGST / SGST ▸
GST Case Laws + ▸
Income Tax ▸
Income Tax ▸
Allied (Direct Tax) ▸
Income Tax Case Laws ▸
DTAA ▸
International Taxation ▸
Customs ▸
Customs Act / Rules ▸
Notifications / Forms ▸
Circulars / Tariff ▸
Case Laws / Manual ▸
FTP/SEZ ▸
Foreign Trade ▸
Notifications / Circulars / Appendix / Forms ▸
Special Economic Zone (SEZ) ▸
Corp. Law ▸
Company Laws ▸
Standards / Trusts ▸
Partnership / LLP / Societies ▸
Case Laws ▸
FEMA ▸
FEMA / FCRA ▸
Notifications / Circulars ▸
Manual / FAQ ▸
FEMA Case Laws ▸
SEBI / IBC ▸
SEBI ▸
SEBI Case Laws ▸
IBC ▸
IBC - Case Laws ▸
PMLA ▸
Benami Property ▸
Black Money ▸
Money Laundering ▸
Vivad ▸
Direct Tax ▸
Indirect Taxes ▸
Indian Laws ▸
Indian Laws ▸
Bharatiya Nyaya 2023 ▸
Finance Acts & Bills / Amendment Acts ▸
Case Laws ▸
Labour Laws ▸
Labour Code ▸
Old / Others ▸
Central Excise ▸
Central Excise - Cases ▸
Wealth Tax ▸
Service Tax ▸
Service Tax Cases ▸
CST / DVAT ▸
CST / VAT / Sales Tax ▸
×

By creating an account you can:

Logo TaxTMI
Keyword Search :
AI Tools : New
Ask tax questions in natural language. Powered by AI trained on the TaxTMI legal database. Use AI Tools ➞
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
  6. The system will try to fetch results that contains ALL your words.
  7. Once you add keywords, you'll see a new 'Search In' filter that makes your results even more precise.
    8. 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
    Case Laws Income Tax
    Distinction between Capital Gains and Business Income: Comprehensive Analysis of a Income Tax Case
    Case Laws Income Tax
    A Multifaceted Legal Analysis on Transfer Pricing and Tonnage Tax Scheme, Bareboat Charter, Interest...
    Case Laws Income Tax
    Assessment of Eligibility for Tax Deductions Under Scrutiny: Tribunal Upholds PCIT's Revisionary Pow...
    Case Laws Income Tax
    Taxation of Employee Benefits: TDS on value of accommodation provided to the employees at the rate o...
    Case Laws Income Tax
    The Intricacies of Unexplained Investment and Legal Recourse: A Comprehensive Analysis of a recent C...
    Case Laws Income Tax
    Intricacies of Taxation on Interconnect Charges in Telecom: Unraveling the Concept of 'Use or Right ...
    Case Laws Income Tax
    The Principle of Mutuality in Taxation: A Comprehensive Analysis of a Landmark Supreme Court Decisio...
    Case Laws Income Tax
    Landmark Income Tax Reassessment Case
    Case Laws Income Tax
    A Legal Dissection of Best Judgment Assessments in Tax Law, in the context of Sections 153A/153C in ...
    Case Laws Income Tax
    Complexities of Residential Status and Tax Liability
    Case Laws Income Tax
    Navigating International Taxation Waters
    Case Laws Income Tax
    Deduction u/s 80P: Navigating the Legal Labyrinth - Co-operative Societies Vis-a-vis Co-operative ba...
    Case Laws Income Tax
    Navigating Legal Complexities - Assessment in case of third parties post search and seizure - The pe...
    Case Laws Income Tax
    Scope of compliance of the Document Identification Number (DIN) in tax communications​​.
    Case Laws Income Tax
    Navigating the Nuances of Capital vs Revenue Expenditure: The Asian Hotels Ltd. Case Analysis
    Case Laws Income Tax
    Tax Credit Entitlement - Credit of TDS if deductor failed to deposit the TDS to the Government
    Case Laws Income Tax
    A Landmark Judgment on Tax Credit Entitlement - Credit of TDS if deductor failed to deposit the TDS ...
    Case Laws Income Tax
    Validity of reopening of assessment - need for a direct link between the portal's information and th...
    Case Laws Income Tax
    Disallowance of expenses - need for tax authorities to have a practical understanding of the nature ...
    Case Laws Income Tax
    Disallowance of the assessee's business expenditure claims related to the purchase of sugarcane from...
❮
❯
❯❯
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:

Open Link
Notes
All › Income Tax
Showing Results for :
Reset Filters
Results Found:
Show All Summaries Hide All Summaries
Case Laws Income Tax
Distinction between Capital Gains and Business Income: Comprehensive Analysis of a Income Tax Case
Show AI Summary
Classification of property income: conversion into business income denies capital-gains relief and alters deduction eligibility.
Where land initially held as a capital asset is developed and sold through partnership activity with a profit motive, the asset can be characterized as having undergone conversion into stock-in-trade and treated as business income; that characterization determines tax consequences by excluding capital-gains-specific deductions and reinvestment reliefs, and depends on the taxpayer's intention and the transactional pattern.
Case Laws Income Tax
A Multifaceted Legal Analysis on Transfer Pricing and Tonnage Tax Scheme, Bareboat Charter, Interest...
Show AI Summary
Transfer pricing applicability to tonnage tax scheme narrowed; tonnage-covered operations exempted from transfer pricing obligations.
Transfer pricing provisions were held inapplicable to operations covered by the Tonnage Tax Scheme, and transfer pricing adjustments based on differential interest for a bareboat charter cum demise lease were rejected in light of prior consistent rulings. The Tribunal treated the relevant interest income and expenditure as business income, examined whether a negative lien equated to a fee-bearing corporate guarantee, and reviewed allocation principles for common interest and hire-charge adjustments between tonnage and non-tonnage activities.
Case Laws Income Tax
Assessment of Eligibility for Tax Deductions Under Scrutiny: Tribunal Upholds PCIT's Revisionary Pow...
Show AI Summary
Revisionary power under section 263 upholds reassessment where deduction eligibility under section 80IB(11A) is lacking.
The PCIT found the assessee ineligible for the deduction under section 80IB because operations commenced outside the period in section 80IB(11A); the original assessment accepted the deduction without examining this eligibility. The PCIT issued a show-cause and, treating the original order as erroneous and prejudicial to revenue, exercised revisionary power under section 263 to quash the order and direct reassessment, the Tribunal upholding that revision was appropriate where the error was beyond mere rectification remedies.
Case Laws Income Tax
Taxation of Employee Benefits: TDS on value of accommodation provided to the employees at the rate o...
Show AI Summary
Perquisite valuation: absence of employer concession leads to no TDS on rent-free employee accommodation under valuation rules.
The tribunal concluded that perquisite taxation on rent-free accommodation requires a demonstrable concession by the employer; in the absence of such concession the perquisite value is nil. Although the institution is not a Central Government entity, the Revenue's invocation of Rule 3 and fixed percentage valuation was premature. The appellate deletion of the withholding demand was affirmed on the ground that no concession existed and therefore no taxable perquisite arose.
Case Laws Income Tax
The Intricacies of Unexplained Investment and Legal Recourse: A Comprehensive Analysis of a recent C...
Show AI Summary
Unexplained investments deemed taxable where cancellation deeds lack civil adjudication and source credibility is unproven.
The tribunal sustained income tax additions under the unexplained investment provision, holding that the assessee failed to prove the creditworthiness and reality of alleged fund sources for a land purchase revealed in a survey, and that registered cancellation deeds without a civil court decree do not legally negate the original transaction for tax purposes.
Case Laws Income Tax
Intricacies of Taxation on Interconnect Charges in Telecom: Unraveling the Concept of 'Use or Right ...
Show AI Summary
Use or right to use: interconnect charges not treated as royalty under treaty because no transfer of use of IP.
The core question was whether interconnect usage charges fall within royalty by virtue of conferring the use or right to use a process or equipment. The tribunal held that IUC did not amount to royalty because the telecommunications processes were standard industry practice, not proprietary or secret, and therefore did not grant a transferable right to exploit intellectual property; treaty interpretation under the DTAA controlled characterization.
Case Laws Income Tax
The Principle of Mutuality in Taxation: A Comprehensive Analysis of a Landmark Supreme Court Decisio...
Show AI Summary
Principle of mutuality: interest on clubs' bank deposits treated as commercial income and not mutuality-exempt.
The Court analysed whether investing clubs' surplus funds in bank fixed deposits preserved the identity between contributors and beneficiaries required by the Principle of Mutuality. It found that such investments diverted funds into commercial dealings with third parties and were not applied directly for members' mutual services, thereby breaking mutuality. As a result, interest earned on those investments did not qualify as exempt mutual receipts and was treated as taxable income.
Case Laws Income Tax
Landmark Income Tax Reassessment Case
Show AI Summary
Reassessment notice limitations restrict tax authorities when issued beyond limitation or without mandated approval or procedural defects.
A reassessment issued after the three year limitation period and without approval from the specified authority fails statutory prerequisites and cannot sustain reassessment. Reassessment powers are limited to non disclosure or material misstatement of facts in the original assessment and do not extend to changes of opinion. TOLA 2020 does not expand substantive reassessment powers or alter approval requirements, and correct classification of expenses as capital or revenue remains central to tax consequence determinations.
Case Laws Income Tax
A Legal Dissection of Best Judgment Assessments in Tax Law, in the context of Sections 153A/153C in ...
Show AI Summary
Best judgment assessment standards tightened when linked to search-and-seizure reassessments requiring documented satisfaction and DIN compliance.
Best judgment assessment under Section 144 is examined alongside Sections 153A and 153C, stressing that invocation of Section 144 must be grounded in the legitimate scope opened by search-related reassessments. The court emphasises that the Assessing Officer's satisfaction note must be substantively supported, administrative formalities such as a Document Identification Number must be complied with, and that extensions of assessment periods require concrete evidentiary justification.
Case Laws Income Tax
Complexities of Residential Status and Tax Liability
Show AI Summary
Residential status: extended employment definition can preserve non-resident tax status for cross-border business migrants abroad.
The tribunal addressed whether an individual who stayed 176 days in India and then moved to Mauritius on an occupation permit qualified as non-resident under Explanation 1(a) to the residence provision; after reviewing the occupation permit and appointment documentation and relying on precedent that construes "employment" to include self-employment and business activity, the tribunal found the explanatory extension applicable and excluded offshore receipts from Indian taxation.
Case Laws Income Tax
Navigating International Taxation Waters
Show AI Summary
Section 172 shipping reimbursements govern TDS treatment, displacing Section 195 withholding for cross border damage payments.
The core operative finding is that cross border payments characterised as reimbursements for vessel damage fall within the specialised shipping income regime under Section 172, so the general non resident withholding approach under Section 195 (and higher rates applied due to documentation gaps under Section 206AA) was not the appropriate mechanism; classification by legal character governs the applicable withholding treatment.
Case Laws Income Tax
Deduction u/s 80P: Navigating the Legal Labyrinth - Co-operative Societies Vis-a-vis Co-operative ba...
Show AI Summary
Co-operative bank classification: licensing requirement determines cooperative societies' tax deduction eligibility under section 80P provisions.
Eligibility for deduction under Section 80P depends on whether a cooperative society qualifies as a co-operative bank, which in turn requires evaluation of statutory definitions and the regulatory requirement of licensing under the Banking Regulation Act read with the NABARD Act and state cooperative laws; classification hinges on regulatory status and banking activity rather than merely providing credit to members.
Case Laws Income Tax
Navigating Legal Complexities - Assessment in case of third parties post search and seizure - The pe...
Show AI Summary
Interpretation of Section 153C limits third party assessment timelines to when seized materials reach the Assessing Officer.
The Supreme Court held that, for third parties found via search and seizure, the period for which returns must be filed is measured from the date seized materials are forwarded to the relevant Assessing Officer rather than from the date of the original search. The Court read Sections 153A and 153C to avoid unduly prejudicing uninvolved third parties and to prevent excessive record-retention and procedural burden, endorsing a fair, plain-language construction aligned with legislative intent.
Case Laws Income Tax
Scope of compliance of the Document Identification Number (DIN) in tax communications​​.
Show AI Summary
DIN compliance: omission of Document Identification Number can render tax orders procedurally noncompliant under CBDT Circular.
The dispute focuses on whether omission of the Document Identification Number (DIN) from a substantive tax order, despite issuance of an intimation letter containing the DIN, renders the communication noncompliant with CBDT Circular No.19/2019; the Tribunal treated a DIN-less order as deficient, rejected the revenue's rectification attempts and allowed relief to the assessee, while the High Court found no substantial question of law warranting interference, underscoring strict procedural adherence in tax communications.
Case Laws Income Tax
Navigating the Nuances of Capital vs Revenue Expenditure: The Asian Hotels Ltd. Case Analysis
Show AI Summary
Renovation and consultancy expenses for hotels treated as revenue when they preserve existing assets without creating enduring capital benefits.
Classification of renovation and related consultancy expenses turns on whether works create a new asset or an enduring capital advantage. Expenditure that preserves existing condition, maintains competitiveness, or restores assets without materially improving life or efficiency is revenue in nature. Consultancy fees aligned with such maintenance are treated as revenue expenditure rather than capital outlay.
Case Laws Income Tax
Tax Credit Entitlement - Credit of TDS if deductor failed to deposit the TDS to the Government
Show AI Summary
TDS credit entitlement affirmed: deductee entitled to credit despite deductor's non-deposit, preventing indirect recovery.
Credit for tax deducted at source on interest payments is to be treated as tax paid on the deductee's behalf and does not depend on the deductor's remittance; statutory protections against indirect recovery prevent the revenue from seeking the same tax from the deductee when the deductor fails to deposit the deducted amount, and the deposit requirement in the applicable provisions does not negate the deductee's entitlement to such credit.
Case Laws Income Tax
A Landmark Judgment on Tax Credit Entitlement - Credit of TDS if deductor failed to deposit the TDS ...
Show AI Summary
Tax credit for TDS: deductee entitled to credit even if deductor failed to deposit the retained tax with government.
The Court treats amounts retained by a deductor as remaining tax and concludes the statutory credit mechanism for tax deducted at source does not condition a deductee's entitlement on the deductor having deposited the retained amount with the government, thereby barring indirect recovery or adjustment against the deductee where tax has been deducted at source.
Case Laws Income Tax
Validity of reopening of assessment - need for a direct link between the portal's information and th...
Show AI Summary
Use of portal data: digital information needs a direct evidential link before reopening income tax assessments.
Reopening assessments requires a direct evidential link between portal-derived information and the income alleged to have escaped assessment; portal data alone is insufficient without documentary support for transactions or gifts, and a show cause notice must provide adequate particulars and reflect proper consideration of the taxpayer's response before reassessment proceeds.
Case Laws Income Tax
Disallowance of expenses - need for tax authorities to have a practical understanding of the nature ...
Show AI Summary
Disallowance of expenses must rest on specific documentation defects, not on blanket percentage adjustments.
Disallowance of business expenses on a summary or estimate basis requires specific, pointed deficiencies and cannot rest on generalized conclusions about excessiveness; in businesses with routine small transactions, tax authorities must examine the nature of operations and identify particular defects in documentation before applying blanket percentage disallowances.
Case Laws Income Tax
Disallowance of the assessee's business expenditure claims related to the purchase of sugarcane from...
Show AI Summary
Statutory Minimum Price interpretation: excess cane payments treated as appropriation of profits, not deductible business expense.
The core issue is whether payments for sugarcane in excess of the Statutory Minimum Price (SMP) are deductible business expenditures or constitute an appropriation of profits. The Assessing Officer relied on standard accounting practice requiring provisions for liabilities at year end and treated post closing excess payments as distributions of operational surplus. The appellate view upheld that cooperative status does not alter the tax analysis and that payments beyond the SMP do not qualify as allowable business expenses absent proper provisioning within the accounting period.

TMI Notes

All › Income Tax
Back

All TMI Notes

Showing Results for :
Reset Filters
No Records Found

TMI Notes

Home › TMI Notes › Income Tax › Case-Laws › Category › This
Back

All TMI Notes

Income Tax

Section 153C (Finance Act, 2015) and Third-Party Search Assessments: Interplay of Belongs To and Pertains/Relates To

28 January, 2026

Contents
Acts
Plus +
Summary
Note

Note

-

Bookmark

Print

Print

Print Options

Section 153C: amended trigger applies if seized material is received post amendment, widening third party assessment scope.
The substituted text widens the jurisdictional trigger for third party assessments from strict ownership to where books or documents "pertain to" or ... Summary

Topics

Acts Income Tax
Next ➔