Just a moment...

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 ✕
Filter Across TMI
TEXT SEARCH:

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----
  • Income Tax
  • Direct Taxes
  • DTAA
  • Benami Property
  • GST
  • GST - States
  • Customs
  • DGFT
  • SION
  • SEZ
  • FEMA
  • Companies Law
  • SEBI
  • IBC
  • Law of Competition
  • LLP
  • Partnership Firms
  • Trust and Society
  • Money Laundering
  • Labour laws
  • Bharatiya Nyaya
  • Indian Laws
  • F. Acts / Amendment Acts
  • Bills
  • Wealth-tax
  • Service Tax
  • Cenvat Credit
  • Central Excise
  • Central Sales Tax
  • VAT - Delhi
Category:
---- All Categories ----
  • ---- All Categories ----
  • Case Laws
  • Acts / Rules
  • Notifications
  • Circulars
  • Forms - Annexure
  • Tariff / Classification
  • Duty Drawback
  • Schedules / SION
  • Discussion Forum
  • Highlights
  • Articles
  • Manuals / Reckoners
  • News / Feed
  • Short Notes
  • TMI Info
From Date:
To Date:
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
❯❯
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:

Search Across Website
Showing Results for :
Reset Filters
Results Found:
Show All Summaries Hide All Summaries
By: - K Balasubramanian
GST appellate limitation must be computed in calendar months where the prescribed periods are expressed as "three months" and "one month"; the order date is excluded under the General Clauses Act. A first appeal should not be rejected by converting those periods into fixed days. Prompt GSTAT appeals are emphasised where first appeals were dismissed on limitation or where fraud-based recovery was invoked without material evidence of fraud, wilful misstatement, or suppression with intent to evade tax. Other identified grounds include denial of hearing and demands exceeding the show-cause notice.

By: - Raj Jaggi
Input tax credit on telecommunication towers requires a two-stage enquiry. First, the asset must be classified as movable or immovable by examining its attachment, intended permanence, functionality, and capacity for dismantling and relocation. Exclusion of towers from "plant and machinery" does not itself make them immovable. Only if a tower is immovable do the blocked-credit restrictions for construction under Section 17(5)(c) or Section 17(5)(d) arise, where the exclusion becomes material. The retrospective alignment of "plant or machinery" with "plant and machinery" resolves terminology but does not deem towers immovable.

By: - DEV KUMAR KOTHARI
Misquotation of an HUF PAN in property-purchase records may initiate reassessment, but PAN reference alone does not establish that the property or investment belongs to the HUF. Determination of ownership requires examination of the purchaser's capacity, purchase documentation, patta, encumbrance records, and the accounts of both the HUF and its Karta. The article also raises concerns over additional evidence at the appellate stage, the need for opportunity to the Assessing Officer, and correct identification of the assessee where an HUF assessment is pursued but an individual legal heir is named in appeal proceedings.

By: - Raj Jaggi
Input tax credit for telecommunication towers requires a prior determination of whether the tower is immovable property. Exclusion of telecom towers from the statutory definition of plant and machinery does not itself establish immovability. Construction-related blocked-credit provisions apply only where goods, services or works contract services relate to construction of immovable property. Immutability depends on annexation, purpose, intention, functionality, permanence, dismantling capability and marketability. Towers fixed for operational stability may retain their movable character if they can be dismantled, relocated, reassembled and sold without losing their essential identity.

By: - Raj Jaggi
Disputed GST interest must be determined before garnishee recovery is initiated. Section 79 recovery presupposes an amount payable and cannot be used to determine a contested liability. Where a taxpayer raises reasoned objections to interest computation, including the effect of deposits in the Electronic Cash Ledger, the authority must examine competing legal positions and issue a reasoned determination. Rule 145 and Form GST DRC-13 cannot convert an undecided interest dispute into a crystallised recoverable amount.

By: - YAGAY and SUN
BRSR is a standardised ESG reporting framework for eligible listed companies, structured around nine responsible business conduct principles and designed to move reporting from policy commitments towards measurable performance. It includes general, management-process and principle-wise performance disclosures covering environmental, social, governance and stakeholder matters. BRSR Core emphasises key measurable ESG indicators and, where applicable, assurance or independent assessment. Effective compliance requires clear data ownership, standardised collection, validation, supporting evidence, value-chain consideration, management review and continuous improvement.

By: - YAGAY and SUN
Customs classification is governed by the HS Convention and the legally operative HS text comprising headings, subheadings, Notes and the GIRs. Classification begins with heading terms and applicable Section or Chapter Notes; titles are only reference tools. The GIRs provide a sequential method for incomplete goods, mixtures, competing headings, composite goods, containers and subheading classification. Explanatory Notes and Classification Opinions provide authoritative international interpretative assistance but cannot override the Convention, headings, Notes or GIRs. National tariff subdivisions, advance rulings and judicial interpretation operate domestically while remaining consistent with the internationally harmonised six-digit HS structure.

By: - YAGAY and SUN
National Traders' Welfare Board operates as an advisory and consultative mechanism to address traders' concerns and recommend reforms concerning taxation, licensing, compliance, infrastructure and business regulation. It promotes trader welfare through social security, formalisation, digital compliance, skill development, financial inclusion and credit access. Stakeholder consultation, awareness of pension, insurance, loan and digital-payment schemes, and adoption of e-commerce, electronic billing and inventory-management practices are central functions. Its effectiveness depends on policy adoption, stakeholder participation and awareness among small traders.

By: - YAGAY and SUN
ISO 14001:2015 provides a framework for establishing and continually improving an Environmental Management System. Organisations identify environmental aspects and significant impacts, determine compliance obligations, set measurable objectives, and implement operational controls, training, documented processes and emergency preparedness. The Plan-Do-Check-Act cycle requires performance monitoring, compliance evaluations, internal audits, management review and corrective action for nonconformities. The framework supports pollution prevention, resource efficiency, waste and emissions reduction, environmental risk management and integration with other ISO management systems.

By: - YAGAY and SUN
Extension of wine-shop lighting into roads, pavements or other public areas may constitute unauthorised use of electricity, encroachment and a public-safety violation. Commercial electricity connections are ordinarily limited to approved premises and sanctioned load; exterior use beyond those limits may result in penalties, disconnection or legal action. Lighting crossing shop boundaries may obstruct public access, affect traffic and create safety hazards. Where exterior illumination increases visibility and customer footfall beyond normal shop lighting, it may also support an inference of indirect advertising.

2026 (8) TMI 749
Case Laws Income Tax
Section 153C jurisdiction requires valid block-period coverage, year-specific seized material, and meaningful approval for search-related assessments.
Section 153C proceedings must remain within the six assessment years preceding the deemed search year unless the extended period validly applies; an assessment outside that block lacks jurisdiction. For years within the search block, assessments based on search material must follow Section 153C rather than ordinary assessment under Section 143(3). In an unabated year, additions require incriminating material and cannot rest solely on a changed accounting method or estimated income. Jurisdiction also requires year-specific satisfaction identifying seized material linked to the assessee and income determination. A consolidated satisfaction note based only on surrender letters, together with a non-speaking consolidated approval under Section 153D, does not establish valid jurisdiction, rendering consequential proceedings void.

2026 (8) TMI 750
Case Laws Income Tax
Unaccounted sales additions fail when loose papers and digital records lack independent evidence of actual undisclosed transactions.
Additions for alleged unaccounted sales cannot rest solely on loose papers and digital documents that are not regular books of account and do not establish completed sales, cash receipts, or taxable income. The statutory presumption for seized material remains rebuttable and does not remove the Revenue's burden to prove genuine undisclosed transactions. Where explanations and retractions remain unrebutted and no independent inquiry or corroborative evidence-such as unrecorded stock, purchases, cash, transport or delivery records, parallel invoices, or purchaser confirmations-exists, interpolated figures and unverified communications have insufficient probative value. The additions were therefore deleted.

2026 (8) TMI 751
Case Laws Income Tax
Omission of specified domestic transaction provision invalidates transfer-pricing references and consequential proceedings lacking a saving clause.
Omission of Section 92BA(i) by the Finance Act, 2017, without a saving provision, removes the legal basis for transfer-pricing proceedings concerning specified domestic transactions initiated solely under that clause. Applying the principle that an omitted provision is treated as never having existed, a reference to the Transfer Pricing Officer under Section 92CA(1) founded on Section 92BA(i) lacks legal sustainability. Consequential transfer-pricing and Dispute Resolution Panel proceedings based on that reference are likewise invalid.

2026 (8) TMI 752
Case Laws Income Tax
Authentication of recorded reasons is essential for reassessment; supervisory approval cannot cure an unsigned Assessing Officer record.
Reassessment requires reasons recorded before notice issuance under section 148(2), authenticated in accordance with section 282A and Rule 127A. Where the purported recorded reasons lack the Assessing Officer's name, designation, seal and signature, they are not duly authenticated. A Joint Commissioner's signed approval under section 151 cannot cure or substitute for authenticated reasons recorded by the Assessing Officer. Consequently, the reassessment notice and resulting assessment are void from inception, and the assessment order is quashed.

2026 (8) TMI 753
Case Laws Income Tax
Explained cash and bank credits escaped additions, while qualifying agricultural land sale profit remained exempt from capital gains tax.
Cash deposits were explained through maintained cash books showing opening and accumulated balances; presumptive-tax returns did not require the detailed balance-sheet disclosures relied upon by the tax authorities, so no unexplained-money addition was sustainable. Agricultural land supported by official certification and verification as lying beyond the prescribed municipal limit was not a capital asset, making sale profit exempt rather than taxable as short-term capital gain. Bank credits substantiated by sale deeds, bank records, ledgers, confirmations and tax records represented sale consideration and advance repayments, not business turnover; profit estimation on those credits was therefore unsustainable. The disputed additions were deleted.

2026 (8) TMI 754
Case Laws Income Tax
Unsecured loan documentation and banking-channel repayment defeated unexplained cash-credit additions based solely on accommodation-entry suspicion.
Unsecured loans supported by lender confirmations, PAN details, income-tax returns, financial statements, bank statements and loan agreements satisfy the taxpayer's primary burden on identity, creditworthiness and transaction genuineness. Receipt and repayment of loans with interest through banking channels further support the transactions. General information or suspicion that a lender may provide accommodation entries cannot, without credible material directly connecting the loans to such entries or disproving the evidence, justify unexplained cash-credit additions. The cash-credit additions were therefore unsustainable, and consequential additions for alleged commission and bogus interest expenditure could not survive.

2026 (8) TMI 755
Case Laws Income Tax
Penalty for prohibited cash transactions fails when its assessment foundation is quashed and limitation runs from initial satisfaction.
Penalty under Section 271D for contravention of Section 269SS cannot subsist where the assessment order containing the Assessing Officer's recorded satisfaction to initiate penalty proceedings has been quashed. The corresponding principle applicable to Section 271E applies because Sections 271D and 271E are pari materia. Independently, where satisfaction and penalty initiation occur in the assessment order, the limitation period under Section 275(1)(c) runs from that initiation, not from a later notice or action by the competent penalty authority. The penalty was therefore unsustainable on both its invalid foundation and limitation.

2026 (8) TMI 756
Case Laws Income Tax
Misreporting penalty requires a specific statutory charge; vague allegations cannot sustain the enhanced penalty.
Enhanced penalty for misreporting of income requires identification of the specific statutory instance of misreporting under section 270A(9). Section 270A distinguishes ordinary under-reporting from under-reporting resulting from misreporting, for which the enhanced penalty under section 270A(8) applies only where one of the listed instances is established. Where assessment-stage satisfaction referred to under-reporting due to misreporting but the notice and penalty order alleged misreporting without specifying the applicable statutory limb, the charge was defective. The failure to specify the precise misreporting instance vitiated the penalty proceedings and could not be cured.

2026 (8) TMI 757
Case Laws Income Tax
Reasonable cause for failed agricultural-land transactions prevents penalties on documented cash receipts and subsequent cash repayments.
Reasonable cause supported by bank records, affidavits and revenue records can protect cash receipts and repayments from penalties for contravening statutory restrictions. Cash received from farmers for a proposed agricultural-land purchase, followed by cash repayment after the transaction failed because of the taxpayer's father's death, was sufficiently explained by the surrounding circumstances and documentary evidence. The penalties for accepting and repaying cash loans were therefore deleted, as the established reasonable cause negated penal consequences.

2026 (8) TMI 758
Case Laws Income Tax
Bogus purchase additions are limited to embedded profit where corresponding sales are accepted and purchases remain unsubstantiated.
Reassessment based on search information together with enquiry into an entry-provider and related transactions may proceed under reassessment provisions where the recorded information supports that route and the prescribed approval is properly obtained; the reassessment was sustained. Where corresponding sales are accepted but purchases from an entry-provider remain unsubstantiated, the entire purchase value should not be disallowed. The taxable addition is confined to a reasonable estimate of the profit element embedded in those purchases, quantified at 6% based on the gross-profit position and other material, including a retracted statement.

TMI Search

Back

All TMI Search

Showing Results for :
Reset Filters
No Records Found

TMI Search

Back

All TMI Search

whatsapp Join Channel
Showing Results for : Reset Filters

Topics

Acts Income Tax