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Video recording of the petitioner's statement and personal hearing in customs proceedings was required under the judicial direction. The failure to record the statement was treated as an inadvertent lapse after the respondents tendered an unconditional apology. Ignorance of a court direction was not accepted as an explanation for a government department with legal and record-keeping support. The High Court accepted the apology, required video recording of the personal hearing, disposed of the contempt petition, and cautioned the Customs Department to comply scrupulously with judicial directions in future.

By: - K Balasubramanian
GST demand proceedings against a deceased registered person raise questions of limitation, use of the extended-demand provision, service of notice, and procedural fairness to legal heirs. Portal-based notices after cancellation of registration may not provide a meaningful opportunity to respond where the taxpayer has died and the legal heir lacks access or knowledge of the GST account. The commentary stresses that delayed action cannot justify use of a more stringent demand mechanism without the required basis, and that communication through available contact details, email, or post is necessary before adjudication.

By: - Krishna Mohan
Input Tax Credit reconciliation requires periodic invoice-level comparison of the purchase register, books of account, GSTR-2B, GSTR-3B, and supporting invoices and debit/credit notes. Differences should be classified as timing differences, supplier filing issues, GSTIN errors, value differences, duplicate entries, credit/debit note differences, or potentially ineligible credits. A consistent monthly process, supplier follow-up, documented reconciliation workings, and review before return filing help identify discrepancies early and maintain an auditable ITC position.

By: - Raj Jaggi
GST search and seizure powers require communicated DIN, clear statutory authorisation and recorded reasons to believe based on relevant material. Inspection, search and seizure are distinct powers and cannot be combined through an unclear authorisation. Payment during a search is not voluntary merely because a challan exists; pre-notice payment requires written self-ascertainment, a stated basis of liability and prescribed intimation procedures. Seized goods may be provisionally released through bond and security or applicable payment. Search may support investigation, but tax collection must follow lawful assessment, adjudication or voluntary statutory payment procedures.

By: - Raj Jaggi
GST portal upload is a recognised mode of service, but it must provide a genuine opportunity to respond, participate in adjudication, and appeal. Where a show cause notice was not effectively noticed and an ex parte order followed, procedural fairness may require restoration to the notice stage. Similarly, appellate limitation may not commence merely from portal upload where an order was not effectively communicated. Actual knowledge, acknowledgement, or participation alters the position; the relevant inquiry is real prejudice rather than a technical objection to electronic service.

By: - YAGAY and SUN
Customs exemptions and concessions provide full or partial duty relief only within the precise scope of the applicable notification, trade agreement or scheme. Importers must identify the relevant levy, correctly classify goods, establish eligibility, and comply with substantive conditions concerning end-use, origin, export obligations, utilization and records. Preferential benefits require compliance with rules of origin, certificate-of-origin and direct-consignment requirements. The claimant bears the burden of proving entitlement, and exemption conditions cannot ordinarily be ignored. Incorrect classification, deficient documentation, diversion or non-compliance may result in duty recovery, interest, penalties, confiscation and other enforcement consequences.

By: - YAGAY and SUN
Export of dehydrated onion and garlic products requires proportionate processing facilities, controlled drying, quality testing, moisture-proof packaging and storage. Export compliance includes business, tax and importer-exporter registrations, food-safety compliance, relevant export-promotion registration, inspection, shipping-bill filing, customs clearance and prescribed commercial, transport, origin and health-related documentation. Market access depends on compliance with HACCP, ISO 22000, BRCGS, residue limits, traceability and importing-country sanitary and phytosanitary conditions. Suitable raw materials require high dry matter, low moisture, uniformity, storage quality and strong processing recovery.

By: - YAGAY and SUN
The proposed amendment would include the Iron and Steel sector in the greenhouse gas emission-intensity target framework by inserting a Third Schedule into the Greenhouse Gases Emission Intensity Target Rules, 2025. It would prescribe entity-specific baseline production, baseline emission intensity and compliance targets. The framework regulates emissions per unit of production rather than imposing absolute caps. Steel entities meeting prescribed targets are expected to be eligible for carbon credits, while entities failing to meet them may need to purchase credits or fulfil other regulatory requirements.

By: - YAGAY and SUN
Proposed Ecomark criteria for six product categories strengthen eco-labelling through hazardous-substance controls, sustainable material sourcing, pollution prevention, renewable-energy use, recyclable packaging, extended producer responsibility and ISO 14001 certification. Coatings, batteries, paper, wood products, fire extinguishers and coir products would face category-specific requirements for emissions, recycled content, traceability, waste management and environmental disclosure. Common obligations include conformity with applicable quality standards, pollution-control approvals, QR-code disclosures, life-cycle assessment and enhanced recycling measures.

By: - YAGAY and SUN
ISO 13485:2016 establishes a specialised quality management system framework for medical-device lifecycle organisations, centred on regulatory conformity, patient safety, process control, traceability, documented evidence and continual improvement. It requires lifecycle risk management through risk identification, evaluation, control and monitoring. Core controls include documented quality processes, management and resource responsibility, design and development verification and validation, manufacturing and supplier controls, sterilisation and packaging safeguards where applicable, and performance evaluation through audits, complaints, monitoring, corrective and preventive action.

2026 (8) TMI 661
Case Laws Customs
Contempt jurisdiction enforces judicial directions, requiring video-recorded personal hearings while leaving administrative notice challenges to separate remedies.
Contempt jurisdiction is confined to securing compliance with judicial directions and does not extend to independent challenges to administrative action. Failure to video record a statement was acknowledged as inadvertent; the unconditional apology was accepted, respondents were cautioned to comply scrupulously, and the scheduled personal hearing was required to be video recorded. The alleged absence of an administrative dispatch signature on an office copy of a show-cause notice did not concern compliance with prior directions and could not be examined in contempt proceedings. The notice's validity was left to independent remedies available in law.

2026 (8) TMI 662
Case Laws Customs
SEIS claim disposal directions were complied with; challenges to the subsequent decision remain independently available in law.
Prior directions requiring disposal of the petitioner's SEIS-related claim stood complied with, as an Office Memorandum recorded the treatment of the applications and demonstrated that the respondents had acted on the directions. Any challenge to the respondents' subsequent decision remained available for independent pursuit in accordance with law.

2026 (8) TMI 663
Case Laws Customs
Customs classification of imported girls' garments remained subject to the Tribunal's determination after delayed appeals failed on merits.
Classification of imported girls' garments as trousers, pyjamas or polyester knitted leggings was disputed under the Customs Tariff, with confiscation and penalties arising from the importer's declared classification. Appeals challenging the Tribunal's order were dismissed because the filing delay was not satisfactorily explained and no ground existed to interfere with the Tribunal's determination on merits. The classification dispute therefore remained governed by the Tribunal's order.

2026 (8) TMI 664
Case Laws Customs
Monetary thresholds for departmental appeals restrict low-tax-effect litigation, while unexplained delay can prevent appellate consideration.
Section 131BA permits Board instructions regulating the filing of departmental appeals, including prescribed monetary thresholds before CESTAT and withdrawal of pending appeals below those limits. Low tax effect may therefore render a departmental appeal unsuitable for pursuit under applicable instructions. The material also addresses delayed appeals, indicating that substantial delay without a satisfactory explanation may prevent consideration. A CBIC circular dated 2 November 2023 is identified as prescribing the relevant monetary threshold for the appeals concerned.

2026 (8) TMI 665
Case Laws Income Tax
Treaty residence and contemporaneous tax certificates determine whether interest payments can be made without withholding tax.
Interest paid to a foreign bank's Swedish branch attracted withholding tax because branch-level taxation on profits did not make the branch a Swedish treaty resident. The applicable treaty analysis concerned the bank's Netherlands residence, and a claimed bona fide belief in Swedish treaty eligibility failed where the residency certificate was incorrect and the non-withholding position had been disputed. Interest paid to another foreign bank also required withholding because its Swedish tax residency certificate was issued after payment and no contemporaneous evidence established residence at the relevant time. A later certificate cannot substantiate a payer's bona fide basis for non-withholding.

2026 (8) TMI 666
Case Laws Income Tax
Refund adjustment priority requires interest appropriation before principal tax, while write-back taxability follows final appellate-effect computation.
Refunds adjusted against outstanding tax demand must be appropriated first towards interest payable on the refund and only thereafter towards principal tax for computing interest under section 244A. Taxability of an employee-benefit provision write-back depends on whether the corresponding earlier-year expenditure was allowed as a deduction; final appellate-effect computation is therefore required to avoid double taxation. Interest under section 234D must be recomputed against the final regular-assessment position after appellate modifications, with no charge where no excess refund remains. For the later assessment year, the section 234D charge is confined to the period linked to the original regular assessment despite subsequent rectification or appellate-effect orders.

2026 (8) TMI 667
Case Laws Income Tax
Stamp-duty valuation cannot replace consideration under section 50C where a tenancy agreement shows only rent and no premium.
Section 50C applies only where land, building, or both are transferred for consideration below the stamp-duty value. A registered tenancy agreement providing only monthly rent, without evidence of any premium, pagadi, transfer of ownership rights, or other consideration corresponding to the stamp-duty valuation, does not permit that valuation to be treated as full consideration for capital-gains computation. Stamp-duty valuation adopted solely for duty purposes cannot be presumed to represent actual consideration. Consequently, section 50C was inapplicable and the long-term capital-gains addition was deleted.

2026 (8) TMI 668
Case Laws Income Tax
Under-reporting penalty cannot follow disclosed income reclassification where total income is unchanged and no tax loss results.
Penalty for under-reporting under section 270A does not arise merely because disclosed income is reclassified from capital gains to dividend income. Where returned and assessed total income remain identical, the receipt was fully disclosed, and reclassification reduces tax liability, there is no suppression or under-reporting. A bona fide explanation supported by disclosure of all material facts falls within the protection under section 270A(6)(a). Penalty is discretionary rather than automatic upon a change in the head of income. On these facts, penalty was not leviable and was directed to be deleted.

2026 (8) TMI 669
Case Laws Income Tax
Section 153C satisfaction must identify qualifying seized material and its income nexus; unabated-year additions require incriminating evidence.
Section 153C jurisdiction requires a statutory-compliant satisfaction identifying seized assets belonging to the third party, or books, documents or information pertaining or relating to that party, and expressly recording their bearing on determination of that party's total income. The distinct statutory categories cannot be treated interchangeably. Defective satisfaction invalidates Section 153C assessments for both abated and unabated years. Further, additions for unabated years must be founded on specific seized incriminating material; additions without such material are impermissible and unsustainable. Consequently, the search assessments were annulled, with factual-addition challenges and other grounds requiring no adjudication.

2026 (8) TMI 670
Case Laws Income Tax
Advance-tax precondition for non-filer appeals requires determination before admission can be refused where salary TDS may eliminate liability.
Section 249(4)(b) requires a non-filer to pay an amount equal to advance tax payable before an appeal is admitted, subject to exemption under its proviso on showing good and sufficient reason. Advance-tax liability under Section 209(1) depends on the assessee's estimate or the Assessing Officer's calculation. Where neither was made, a claim that only salary income, fully subject to tax deduction at source, created no advance-tax liability cannot be rejected summarily without an opportunity to explain. Applicability of Section 249(4)(b), or exemption under its proviso upon a proper application, requires fresh determination before deciding the quantum appeal on merits if admissible.

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