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    Case LawsIncome Tax
    Upholding the Transfer of Assessment Proceedings u/s 127: A Judicial Perspective
    Case LawsService Tax
    Navigating the Taxation Labyrinth: The Supreme Court's Guidance on Transfer of Right to Use Goods
    Case LawsIndian Laws
    Supreme Court Upholds Forfeiture of Earnest-Money Deposits under SARFAESI Rules
    Case LawsIndian Laws
    The Generality vs. Enumeration Principle: A Key to Interpreting Delegated Rule-Making Power: Validit...
    Case LawsIncome Tax
    Share Premium Addition u/s 68: Demystifying Share Premium Transactions
    Case LawsIncome Tax
    Navigating the Intricacies of Income Tax Penalty u/s 271(1)(c): Fairness in Tax Administration
    Case LawsIndian Laws
    Ensuring Fair Procedure before declaring Fraud in Bank Loan: Providing Relevant Documents and Opport...
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    Reassessment Proceedings: Navigating the Scope and Limitations under Income Tax Act
    Case LawsIncome Tax
    Navigating the Complexities of Search and Seizure Assessments: Unraveling the Intricacies of Section...
    Decoding the Judgement: Navigating the Complexities of ITC Eligibility under the GST Regime
    Excess stock found during survey: Navigating the Intricacies of UPGST / CGST Act and Invoking Wrong ...
    Striking a Balance: Judicial Interpretation of GST Provisions on Record-Keeping and Penalties
    Case LawsIndian Laws
    Interim Orders and the Limits of Article 142: Safeguarding Natural Justice Balancing Judicial Powers...
    Upholding Fairness and Transparency in Insolvency Resolution: A Landmark Judgment on the IBC
    Case LawsIndian Laws
    Supreme Court Clarifies Vicarious Liability of Directors in Cheque Dishonour Cases
    Case LawsIndian Laws
    Interim Compensation in Cheque Dishonor Cases: Discretion and Due Process, Scope of the word "May"
    Case LawsIndian Laws
    Unraveling the Principles of Delay Condonation: A Comprehensive Analysis by the Supreme Court
    Case LawsIncome Tax
    Interpreting Section 80G Provisions: ITAT's Stance on Charitable Institution Registration
    Case LawsCustoms
    Monetary Limits for Filing Appeals: Analyzing the CESTAT Judgment on Binding Nature of CBIC Instruct...
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    Interpreting the Scope and Limits of Sections 153A and 153C: A Judicial Perspective
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    Case LawsIncome Tax
    Show AI Summary
    Transfer of assessment proceedings for coordinated investigations and administrative convenience upheld where procedural safeguards and factual links exist.
    The judgment explains that transfers of assessment proceedings pursuant to the statutory transfer power may be justified for coordinated enquiries and administrative convenience, provided the decision is not capricious or mala fide. Authorities must afford an opportunity to be heard and consider objections; where factual indicia exist - for example, disclosed transactions such as unsecured loans with searched persons - centralisation can be sustained. The convenience of the assessee is relevant but subservient to effective adjudication and tax collection, and transfers supported by procedural compliance and factual nexus are not arbitrary.
    Case LawsService Tax
    Show AI Summary
    Transfer of right to use goods: contracts retaining operational control are service arrangements, not deemed sales under VAT.
    The issue is whether supply agreements for cranes, trailers and tank trucks amount to a transfer of the right to use goods under the deemed sale provision. Applying the five BSNL tests-availability of goods, consensus on identity, transferee's legal right to use, exclusivity of use, and non transferability by owner-the contracts failed to meet the criteria. Contractors retained possession, crew, fuel, maintenance and liability, and transferees had only permissive use without effective control, so the arrangements were services, not deemed sales under VAT/sales tax.
    Case LawsIndian Laws
    Show AI Summary
    Forfeiture of earnest-money deposits under SARFAESI rules stands as a statutory consequence, limiting equitable intervention.
    The analysis affirms that Rule 9(5) of the SARFAESI Rules prescribes an express statutory forfeiture of earnest-money deposits arising from auction terms, and that Sections 73 and 74 of the Indian Contract Act, 1872, addressing contractual damages, do not apply to such statutory forfeitures. Unjust enrichment and equitable considerations cannot supplant a clear statutory forfeiture, and subsequent recovery by the secured creditor does not negate the forfeiture, except in narrowly defined exceptional circumstances where equity may justify relief.
    Case LawsIndian Laws
    Show AI Summary
    Generality vs. enumeration principle affirms broad delegated rule making power, upholding rules that further an Act's statutory purposes.
    The Court held that Rule 9(3) is intra vires because the general delegated rule making power in section 29A(1) authorises rules that carry out the Act's purposes even when not covered by enumerated heads. Applying the generality vs. enumeration principle, the Court found the enumerated matters in section 29A(2) illustrative and not restrictive, and concluded Rule 9(3) furthers the misconduct chapter's object of maintaining ethical standards and preventing wrongful threshold dismissal of genuine complaints.
    Case LawsIncome Tax
    Show AI Summary
    Burden of proof in share premium cases: failure to prove investor identity and genuineness sustains addition under section 68.
    The assessment of share premium under section 68 requires the assessee to prove the identity, creditworthiness and genuineness of investors who subscribe at a premium. The court scrutinised disparate allotments made on consecutive days, examined subscribing companies' financials, and applied the doctrine of "source of source" restrictively, holding that incorporation papers or bank payments alone do not discharge the burden. Absent cogent evidence tracing funds to lawful origin and demonstrating commercial rationale for large premiums, additions under section 68 are supportable.
    Case LawsIncome Tax
    Show AI Summary
    Strict construction of penalty provisions prevents penalty where taxpayer disclosed omitted income before assessment notice.
    The legal focal point is whether Section 271(1)(c) can be invoked where an assessee disclosed omitted income and paid differential tax before initiation of reassessment. Penal provisions require strict construction, and Explanation 1 treats a pre-notice satisfactory explanation and admission of additional income as accepted, precluding characterization as concealment. Additionally, a penalty notice must specify the particular ground for proceeding; failure to do so renders the notice defective and undermines the basis for penalty.
    Case LawsIndian Laws
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    Right to be heard: affected parties must receive documents underlying fraud allegations and be allowed inspection and rebuttal.
    Classification of a loan account as fraud invokes the Principles of Natural Justice, requiring disclosure of the documents forming the basis of a Show Cause Notice and inspection access to bank and Resolution Professional records so the affected party can identify required documents, receive copies, and submit a meaningful reply within specified timelines, with scope to request a personal hearing.
    Case LawsIncome Tax
    Show AI Summary
    Scope of reassessment: AO may address newly noticed income but remains constrained by the recorded reasons for reopening.
    Where the AO has recorded reasons to believe income escaped assessment, the AO may assess or reassess issues that come to notice during reassessment, but if no additions or modifications are ultimately made in respect of the issues that formed the basis for reopening, the AO cannot make additions or modifications relating solely to other matters that were part of the original assessment. Explanation 3 applies only after reassessment power is validly invoked and cannot be used to deviate from or supplant the recorded reasons.
    Case LawsIncome Tax
    Show AI Summary
    Corroboration requirement for search statements: unsupported search statements cannot sustain additions without linked incriminating material and fair cross examination.
    Additions for alleged accommodation entries cannot rest solely on statements recorded during search operations; such statements require corroboration by material found in the search that is specifically linked to the assessee. The assessing officer must articulate a factual nexus between seized group material and the assessee, and procedural fairness-including provision of relevant statements and opportunity for cross-examination-is essential. Cure provisions do not validate jurisdictional defects arising from absence of requisite notice or lack of incriminating material.
    Case LawsGST
    Show AI Summary
    Input Tax Credit eligibility clarified: refund for unutilised ITC limited to inverted duty where input goods tax exceeds output supplies.
    The court construes Section 54(3) narrowly: refund of unutilised ITC for inverted duty arises only where tax on input goods exceeds tax on output supplies. It upholds the constitutional validity of Section 16(2)(c) and Section 16(4), confirms that ITC is subject to legislatively prescribed conditions and time limits, and clarifies that the non-obstante clause in Section 16(2) does not override separate restrictions such as Section 16(4). Affected petitioners may invoke circulars and have eligible ITC claims processed where returns met the prescribed extended filing position.
    Case LawsGST
    Show AI Summary
    Determination of tax on unaccounted stock must proceed under Sections 73 and 74, not Section 130.
    The Court held that tax determination for excess or unaccounted stock discovered in a survey must proceed under the statutory assessment procedures for undisclosed goods rather than by invoking the survey provision. The assessment code prescribes the exclusive mechanism for quantifying and demanding tax, and survey powers cannot be used to supplant the prescribed steps for computation, notice and imposition of tax or penalty on unaccounted goods.
    Case LawsGST
    Show AI Summary
    Record-keeping obligations: failure attracts a capped statutory penalty and invalidates arbitrary confiscation without due process.
    The judgment emphasises that registered persons must maintain prescribed books and electronic records under Section 35 and related rules, and that any determination of tax on unaccounted goods must follow the show cause procedures for assessing tax liability. It finds that conditions for confiscation under Section 130 were not met and that penalties must be imposed in accordance with the statutory bifurcation in Section 122, with the offences in question attracting only the capped penalty, thereby underscoring procedural limits on enforcement powers.
    Case LawsIndian Laws
    Show AI Summary
    Limits on Article 142: extraordinary power cannot automatically vacate interim stays; natural justice and supervisory jurisdiction must be preserved.
    Limits on the Supreme Court's extraordinary jurisdiction were defined to prevent blanket, time based vacation of interim stays; equitable power cannot deprive non parties of substantive benefits or negate the right to be heard. The Court confined vacation rules to cases where interim relief was granted without notice, instructed High Courts to grant limited ad interim relief, prioritise vacation applications, avoid routine time bound disposal directives, and recognised that past automatic vacations that led to concluded trials raise finality concerns while endorsing judicial superintendence and natural justice as constitutional constraints.
    Case LawsIBC
    Show AI Summary
    Insolvency plan compliance: failure to acknowledge creditor claims or secure approvals undermines approved resolution plans.
    The court held that a recall application grounded in lack of notice and alleged misrepresentation is maintainable under principles of natural justice. It found the resolution plan non-compliant with Section 30(2) read with Regulations 37 and 38-specifically for failing to acknowledge a creditor's claim, misrecording the payable amount, omitting secured creditor classification despite a charge, and proposing use of third-party statutory land without necessary approvals-deficiencies that materially affected the plan's transparency and treatment of creditor classes.
    Case LawsIndian Laws
    Show AI Summary
    Vicarious liability of directors clarified: specific averments required to link a director to company affairs before liability attaches.
    The Court held that vicarious liability of a director in cheque dishonour cases cannot be invoked by merely reproducing statutory language or alleging directorship; complaints must contain specific factual averments showing how the director was responsible for or in charge of the company's day to day affairs to link the director to issuance or dishonour of negotiable instruments.
    Case LawsIndian Laws
    Show AI Summary
    Interim compensation discretion: courts must prima facie assess claims and defences before ordering payment under Section 143A.
    The Court interpreted Section 143A(1) of the Negotiable Instruments Act as conferring a discretionary power to order interim compensation, holding that the word "may" cannot be read as mandatory. Courts must prima facie assess the complainant's case and the accused's defence; the presumption under section 139 alone does not suffice. Interim compensation may be directed only when a prima facie case is established, with the quantum determined after considering transaction nature, parties' relationship, and the accused's paying capacity, and brief reasons must be recorded.
    Case LawsIndian Laws
    Show AI Summary
    Condonation of delay: courts require sufficient cause, balancing strict limitation rules with liberal remedial discretion.
    Principles of condonation of delay require balancing the Limitation Act's public policy against stale litigation: Section 3 is to be strictly interpreted while Section 5 is to be construed liberally to allow judicial discretion where sufficient cause is shown. Discretion remains limited by considerations such as inordinate delay, negligence, and lack of due diligence, and prior decisions granting condonation do not automatically justify relief unless the factual matrices are substantially similar.
    Case LawsIncome Tax
    Show AI Summary
    Registration under Section 80G: provisional approval permits subsequent final registration regardless of prior commencement of activities.
    The Tribunal held that institutions granted provisional approval under the First Proviso to Section 80G(5) are entitled to apply for final registration under the proviso's final-registration clause, and that the relevant date of commencement is to be counted from activities undertaken after grant of provisional registration; a prior commencement of activities before provisional grant cannot alone justify rejection of a final-approval application.
    Case LawsCustoms
    Show AI Summary
    Binding nature of departmental instructions vs natural justice: tribunals may prioritize procedural fairness over monetary thresholds.
    The CESTAT held that CBIC instructions bind departmental officers but do not bind courts and tribunals, which must safeguard natural justice. The Tribunal found the appellate order defective for failing to remit valuation reassessment to the proper officer as statutorily required, treated related Bills of Entry as a single transaction for monetary limit calculation, and invoked its procedural power to hear departmental appeals on merits despite the Board's monetary threshold.
    Case LawsIncome Tax
    Show AI Summary
    Search assessment provisions under Sections 153A and 153C override ordinary reassessment time limits; asset-threshold verification required.
    The judgment holds that search-triggered assessment provisions function as non-obstante clauses displacing ordinary reassessment time limits, distinguishes the enduring liability to tax from the temporal right to assess, prescribes that block periods are computed from the year of search (or date of receipt of seized records for non-searched persons), and treats the asset-represented income threshold as a mandatory, aggregable precondition requiring the assessing officer's recorded satisfaction.

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      OTHER PROPOSALS INVOLVING CHANGES IN BASIC CUSTOMS DUTY RATES IN RESPECTIVE NOTIFICATIONS [with effect from 2.2.2021, unless specified otherwise]

      1 February, 2021

      Contents
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      Budget 2021-22 + FINANCE Bill, 2021

      OTHER PROPOSALS INVOLVING CHANGES IN BASIC CUSTOMS DUTY RATES IN RESPECTIVE NOTIFICATIONS [with effect from 2.2.2021, unless specified otherwise]

      S. No

      Chapter, Heading, sub- heading, tariff item

      Commodity

      From

      To

       

       

      Agricultural Products and By Products

       

       

      1.

      2207 20 00

      Denatured Ethyl Alcohol (ethanol) for use in manufacture of excisable goods

      2.5%

      5%

      2.

      23

      All goods except dog and cat food and shrimp larvae feed

      Nil/ 5%/

      10%/

      15%/

      20%/

      30%

      15%

       

       

      Minerals

       

       

      3.

      2528

      Natural borates and concentrates thereof

      Nil/5%

      2.5%

        

      Fuels, Chemicals and Plastics

        

      3.

      2710

      Naphtha

      4%

      2.5%

      5.

      2907 23 00

      Bis-phenol A

      Nil

      7.5%

      6.

      2910 30 00

      Epichlorohydrin

      2.5%

      7.5%

      7.

      2933 71 00

      Caprolactam

      7.5%

      5%

      8.

      3907 40 00

      Polycarbonates

      5%

      7.5%

      9.

      3908

      Nylon chips

      7.5%

      5%

      10.

      3920 99 99

      Other plates, sheets, films, etc. of other plastics

      10%

      15%

        

      Leather

        

      11

      41

      Wet blue chrome tanned leather, crust leather, finished leather of all kinds, including splits and sides of the aforesaid

      Nil

      10%

        

      Textiles

        

      12.

      5002

      Raw Silk (not thrown)

      10%

      15%

      13.

      5004, 5005,

      5006

      Silk yarn, yarn spun from silk waste (whether or not put up for retail sale)

      10%

      15%

      14.

      5201

      Raw Cotton

      Nil

      5% +

      5% AIDC*

      15.

      5202

      Cotton waste (including yarn waste or garneted stock)

      Nil

      10%

      16.

      5402, 5403,

      5404, 5405

      00 00, 5406,

      5501 to 5510

      Nylon Fibre and Yarn

      7.5%

      5%

        

      Gems and Jewellery Sector

        

      17.

      7106

      Silver

      12.5.%

      7.5%+

      2.5% AIDC*

      18.

      7106

      Silver Dore

      11%

      6.1% +

      2.5%

      AIDC*

      19.

      7108

      Gold

      12.5%

      7.5%+

      2.5% AIDC*

      20.

      7108

      Gold Dore

      11.85%

      6.9%+

      2.5% AIDC*

      21.

      7107 00 00,

      7109 00 00,

      7111 00 00

      Base metals or precious metals clad with precious metals

      12.5%

      10%

      22.

      7110

      Other precious metals like Platinum, Palladium, etc.

      12.5%

      10%

      23.

      7112

      Waste and scrap of precious metals or metals clad with precious metals

      12.5%

      10%

      24.

      7112

      Spent catalyst or ash containing precious metals

      11.85%

      9.17%

      25.

      7113

      Gold or Silver Findings

      20%

      10%

      26.

      7118

      Coin

      12.5%

      10%

       

       

      Metals

       

       

      27.

      7204

      Iron and steel scrap, including stainless steel scrap [up to 31.03.2022]

      2.5%

      Nil

      28.

      7206 and

      7207

      Primary/Semi-finished products of non-alloy steel

      10%

      7.5%

      29.

      7208, 7209,

      7210, 7211,

      7212, 7225

      (except 7225

      11 00) and

      7226 (except

      7226 11 00)

      Flat products of non-alloy and alloy steel

      10%

      /12.5%

      7.5%

      30.

      7213, 7214,

      7215, 7216,

      7217, 7221,

      7222, 7223,

      7227 and

      7228

      Long product of non-alloy, stainless and alloy steel

      10%

      7.5%

      31.

      7225

      Raw materials for use in manufacture of CRGO steel [up to 31.03.2023]

      2.5%

      Nil

      32.

      7404

      Copper Scrap

      5%

      2.5%

      33.

      7318

      Screw, bolts, nuts, etc. of iron and steel

      10%

      15%

       

       

      Capital Goods

       

       

      34.

      8430

      Tunnel boring machines

      Nil

      7.5%

      35.

      8431

      Parts and components for manufacture of tunnel boring machines with actual-user condition IT,

      Nil

      2.5%

       

       

       

      Electronics and Renewable

       

       

      36.

      8544 (other

      than 8544 70

      and 8544 30

      00)

      Specified insulated wires and cables

      7.5%

      10%

      37.

      39, 74 and

      85

      Former, bases, bobbins, brackets; CP wires; P.B.T.; Phenol resin moulding powder; Lamination/ El silicon steel strips for use in manufacture of transformers (entry at S.No. 198 of 25/1999- Customs)

      Nil

      Applica ble rate

      38.

      Any Chapter

      Inputs or parts for manufacture of Printed Circuit Board Assembly (PCBA) of cellular mobile phone

      (w.e.f. 1.4.2021)

      Nil

      2.5%

      39.

      Any Chapter

      Inputs or parts for manufacture of camera module of cellular mobile phone

      (w.e.f. 1.4.2021)

      Nil

      2.5%

      40.

      Any Chapter

      Inputs or parts for manufacture of connectors of cellular mobile phone

      (w.e.f. 1.4.2021)

      Nil

      2.5%

      41.

      Any Chapter

      Inputs or raw material for manufacture of specified parts like back cover, side keys etc. of cellular mobile phone

      (w.e.f. 1.4.2021)

      Nil

      2.5%

      42.

      Any Chapter

      Inputs or raw material (other than PCBA and moulded plastics) for manufacture of charger or adapter of cellular mobile phones

      Nil

      10%

      43.

      8504 90 90

      or

      3926 90 99

      Moulded plastics for manufacture of charger or adapter

      10%

      15%

      44.

      Any Chapter

      Inputs or parts of Printed Circuit Board Assembly of charger or adapter of cellular mobile phones

      Nil

      10%

      45.

      Any Chapter

      Inputs or parts of Moulded Plastic of charger or adapter of cellular mobile phones

      Nil

      10%

      46.

      Any Chapter

      Inputs or raw materials (other than Lithium-ion cell and PCBA) of Lithium-ion battery or battery pack

      (w.e.f. 1.4.2021)

      Nil

      2.5%

      47.

      Any Chapter

      Parts or components of PCBA of Lithium-ion battery or battery pack

      (w.e.f. 1.4.2021)

      Nil

      2.5%

      48.

      Any Chapter

      Inputs or raw materials of following goods: -

      1. Other machines capable of connecting to an automatic data processing machine or to a network (8443 32 90)
      2. Ink cartridges, with print head assembly (8443 99 51)
      3. Ink cartridges, without print head assembly (8443 99 52)

      (iv)Ink spray nozzle (8443 99 53) (w.e.f. 1.4.2021)

      Nil

      2.5%

      49.

      Any Chapter

      Inputs and parts of LED lights or fixtures including LED Lamps

      5%

      10%

      50.

      Any Chapter

      Inputs for use in the manufacture of LED driver or MCPCB (Metal Core Printed Circuit Board) for LED lights or fixtures including LED Lamps

      5%

      10%

      51.

      9405 50 40

      Solar lanterns or solar lamps

      5%

      15%

      52.

      8504 40

      Solar Inverters

      5%

      20%

      53.

      9503

      Parts of Electronic Toys for manufacture of electronic toys Aviation Sector

      5%

      15%

      54.

      Any Chapter

      Components or parts, including engines, for manufacture of aircrafts or parts of such aircrafts, by Public Sector Units under Ministry of Defence subject to condition specified.

      Medical devices

      2.5%

      0%

       

      55.

      9018-9022

      Medical Devices imported by International Organization and Diplomatic Missions

      Health Cess @ 5%

      Health Cess @ Nil

        

      Goods imported under Project Import Scheme

        

      56.

      9801

      High Speed Rail Projects being brought under project imports

      Applicable Rate

      5%

      57.

      8714 91 00,

      8714 92,

      8714 93,

      8714 94 00,

      8714 95,

      8714 96 00,

      8714 99

      All goods other than Bicycle parts and components

      10%

      15%

      * Agriculture Infrastructure and Development Cess

       


       

      Full Text:

      Budget 2021-22 + FINANCE Bill, 2021

      Topics

      ActsIncome Tax