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    The Legal Contours of Input Tax Credit Eligibility: Procedural Aspects of GST and ITC
    Case LawsService Tax
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    Case LawsIncome Tax
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    Analysis of ITAT Mumbai Judgment - Transfer Pricing Adjustment Dispute: Period of limitation u/s 144...
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    Doctrine of Merger in Income Tax Assessment: An Analysis of ITAT Chennai's Recent Judgment
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    Legal Analysis of ESOP Deduction and allowability in the Revised Return of income: An ITAT decision.
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    Case LawsGST
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    Input Tax Credit eligibility: procedural limits on reversing claims without supplier inquiry and GSTR-2A non-reflection not dispositive.
    Section 16(2) sets the statutory conditions for Input Tax Credit-tax invoice, receipt, tax payment, and return filing-and GSTR-2A serves only as a facilitator; non-reflection there does not automatically negate eligibility. Tax authorities must inquire into supplier conduct and observe procedural safeguards before reversing ITC or recovering tax from the recipient, with judicial precedents and CBIC clarifications shaping when exceptions may apply.
    Case LawsService Tax
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    Reverse charge mechanism: exporter not liable for foreign bank charges when Indian bank is the direct service recipient.
    The core issue is whether an exporter is liable under the Reverse Charge Mechanism for foreign bank charges deducted from export proceeds when those charges are imposed on and paid by an Indian intermediary bank. The Tribunal's analysis focuses on the definition of service recipient and territorial scope, concluding that the direct recipient-the Indian bank-is the party liable to discharge service tax while the exporter, as an indirect beneficiary without direct dealings with the foreign bank, is not subject to reverse charge.
    Case LawsIndian Laws
    Show AI Summary
    Directorial liability: strict averment requirement prevents presuming directors' responsibility without specific allegation, leading to quashing.
    The Court held that directorial liability requires specific averment that the director was in charge of and responsible for the conduct of the business at the time of the offence; mere titular position or awareness of cheque issuance is insufficient. It emphasized the necessity of serving the statutory notice prerequisite and rejected liberal construction to cure absent statutory averments, quashing proceedings against directors for non-compliance.
    Case LawsIncome Tax
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    DIN requirement in tax administration: absence of mandatory DIN can invalidate assessment orders unless exceptional circumstances apply.
    Failure to quote the mandatory computer-generated Document Identification Number (DIN) in assessment orders, as required by the CBDT Circular from 1 October 2019, constitutes a procedural defect that can render the order invalid unless the revenue demonstrates that the issuance fell within the Circular's narrowly drawn exceptional circumstances; the Tribunal found such non-compliance in the order dated 15 October 2019 and the High Court affirmed, while the Supreme Court granted interim stay for further consideration.
    Case LawsIncome Tax
    Show AI Summary
    Capitation fee allegations challenge admissibility and attribution of seized evidence in charitable trust tax exemption inquiries.
    Alleged collection of capitation fees by a registered charitable trust threatens its exemption under Section 11; most evidence was seized from employees' residences, invoking the presumption under Section 132(4A) and raising attribution issues. Employee admissions later retracted, similar statement drafting, declarations under the Income Declaration Scheme 2016, and trustees' acknowledgments create contradictory evidentiary threads that complicate admissibility, credibility, and whether the seized funds can be treated as trust income.
    Case LawsIncome Tax
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    Condonation of delay in tax compliance: liberal interpretation protects bona fide taxpayers from technical disqualification.
    The court analysed whether delay in filing Form 10 could be condoned, considering the petitioner's unawareness of post 2016 amendments, CBDT circulars and precedent, and applying principles that each case be judged on its facts; it stressed that failure to claim accumulation does not by itself show absence of intent to comply and urged a liberal approach to mitigate genuine hardship and prevent procedural technicalities from defeating substantive justice.
    Case LawsIncome Tax
    Show AI Summary
    Section 263 limited to substantial legal errors; mere differences of opinion don't justify revisional tax action.
    Scope of Section 263 is confined to instances where an assessment order is erroneous and prejudicial to revenue in a substantial way, not mere differences of opinion. Migration of licences from IP VPN to NLD ILD does not, by itself, create a new undertaking defeating entitlement to deduction under Section 80IA(4)(ii), particularly where identical deductions were previously allowed; administrative migration requires clear proof of substantive change before re characterising eligibility.
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    Delay condonation based on sufficient cause upheld where illness, relocation and pandemic disruption justified late filing and jurisdictional challenge.
    The tribunal applied a purposive construction of sufficient cause to condone substantial delay where cumulative factors-serious illness, change of residence and pandemic disruption-made filing untimely. It also found the assessment infirm for want of territorial and pecuniary jurisdiction because the taxpayer had established residence and filing history in a different territorial unit and administrative guidance allocated jurisdiction accordingly, underscoring that proper vesting of authority is a condition precedent to valid assessment.
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    Unexplained cash credits under Section 68 require taxpayers to prove investor identity and genuineness; authorities must rebut with evidence.
    Applicability of Section 68 requires the assessee to establish investor identity, creditworthiness and transaction genuineness-via PAN, tax returns, audited accounts and bank statements-and once this initial burden is satisfied, the burden shifts to the revenue to rebut with concrete evidence; mere suspicion or inability to trace an ultimate source does not alone justify additions if investments are reasonable relative to investors' net worth and effected through banking channels.
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    Retrospective cancellation of charitable trust registration invalidated due to lack of competent jurisdiction and procedural non compliance.
    The Tribunal invalidated the cancellation of a charitable trust's registration because the regional authority lacked competence to cancel under the statutory scheme and the transfer used to reassign the matter was improper; it further held that applying the newer cancellation provision retrospectively to deprive the trust of its recognized status was not legally tenable, emphasizing required notice, hearing and adherence to principled statutory interpretation.
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    Jurisdiction in multi locational offences governs venue determination; magistrate discretion and supervisory thresholds shape tax prosecution forums under criminal procedure.
    The judgment analyses Cr.P.C. place of offence principles in multi locational tax prosecutions, assessing whether procedural acts like recording statements under the Income Tax Act determine venue. It evaluates the magistrate's discretion in taking cognizance where alleged offences span jurisdictions and outlines the threshold for superior court supervisory intervention, emphasising that extraordinary petitions require demonstration of abuse of process or exceptional circumstances before altering magistrate venue determinations.
    Case LawsIncome Tax
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    Taxation of unexplained income: higher-rate treatment applies, and deductions including partner salary are disallowed.
    The tribunal held that excess unrecorded stock and cash found on survey were assessable as unexplained investment and unexplained money, and that the special higher-rate taxation provision applies to such income, taxing it at a higher fixed rate and disallowing any deduction; consequently the claimed partner's salary relating to the unexplained investment was disallowed.
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    Limitation under section 144C: assessment issued beyond statutory period, leaving transfer pricing adjustment unresolved on procedural grounds.
    The tribunal focused on the statutory time limit under Section 144C(13) for passing assessment orders after DRP directions, treated the order as barred by limitation and therefore did not adjudicate substantive transfer pricing challenges raised under Section 92CA. Consequently, technical disputes over comparability, exclusion/inclusion of comparables, and the profit level indicator computation were left unexamined.
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    Capitalization of interest: tribunal scrutinised whether interest and forex on capital projects form capital cost or permit revenue deduction.
    The tribunal analyzed four core taxation questions: whether interest and foreign exchange fluctuations written off from Capital Work in Progress are capital or revenue in nature and their nexus to business operations; whether write off of a DG set component should be treated within the block of assets for depreciation or as a revenue repair; the applicability of Section 36(1)(iii) to proportionate interest on interest free advances to related concerns and the presumption from mixed funds; and the evidentiary requirements to establish that inter corporate deposits were funded from own funds rather than borrowed monies for interest deduction purposes.
    Case LawsIncome Tax
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    Doctrine of merger limits revisional jurisdiction under appeals, preventing collateral review of identical legal issues.
    The Doctrine of Merger operates to treat legal issues from an assessment as merged into appeal proceedings before the Commissioner of Income Tax (Appeals), thereby constraining subsequent revisional jurisdiction over those same issues; applied where initial assessment, reassessment notices and search-related assessment steps overlap, and supported by judicial precedent limiting collateral revision.
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    Interest on delayed tax refunds where delay is not attributable to the taxpayer under Section 244A.
    Entitlement to interest under Section 244A arises when refund payment is delayed for reasons not attributable to the assessee. The petitioner, a foreign company, faced delays caused by technical issues and incorrect guidance regarding banking details; the court treated the delay as the respondents' responsibility and applied Section 244A to award interest for the period of delay, directing payment according to the statutory rate.
    Case LawsIncome Tax
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    Revision application under Section 264: remand for fresh merits review when alternative remedies were improperly relied upon.
    Whether a revision under Section 264 may be denied solely because alternative remedies existed and whether appeal provisions applied to DDT-related treaty claims; the court found that rejecting revision on the mere availability of other remedies was untenable and that the appealed provision was inapplicable, directing fresh merits consideration of treaty relief and related tax computation by the Principal Commissioner.
    Case LawsIncome Tax
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    DTAA interpretation clarifies capital gains tax treatment for cross-border share sales under residency and grandfathering conditions.
    Taxation of capital gains from a Mauritius-based entity's sale of Indian company shares is analysed against the India-Mauritius Double Taxation Avoidance Agreement, focusing on DTAA allocation of taxing rights, timing of acquisition and transfer, and applicability of grandfathering provisions. The Tribunal assessed tax residency and treaty entitlement by examining corporate structure and commercial substance, applying the substance over form principle to determine whether treaty benefits were appropriate.
    Case LawsIncome Tax
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    Fiduciary funds not treated as taxable income when entity acts as facilitator; earmarked project funds excluded from income.
    The Tribunal examined whether earmarked receipts should be included in taxable income or treated on the balance sheet, focusing on jurisdictional validity of scrutiny notices, whether amounts were routed through the income and expenditure account or retained as earmarked funds, and whether receipts held in a fiduciary capacity for disaster relief were excluded from the entity's income because the entity acted only as facilitator without beneficial ownership.
    Case LawsIncome Tax
    Show AI Summary
    ESOP deduction in revised returns - tribunal permits claim within revision window, stressing valuation, timing and documentary consistency.
    Deductibility of ESOP-related costs in a revised return hinges on compliance with the statutory time limit for revision and on accounting and evidentiary consistency: correct year of recognition, reliable grant date valuation (e.g., Black Scholes), concordant employee records, and disclosure in audited accounts. The tribunal found the claim allowable within the revision window but emphasised documentary proof, valuation method and timing of liability as central to acceptability.

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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

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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