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Circular No. Circular No. 4/2024- GST of State Tax Dated:- 20-8-2024 Delhi SGST Dated:- 20-8-2024 De...
GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI DEPARTMENT OF TRADE & TAXES VYAPAR BHAWAN, I.P. ESTATE, NEW DELHI-110002 (POLICY BRANCH) No. F.3(552)/GST/Policy/2024/1853-62 Dated: 20/08/2024 Circular No. 04/2024- GST of State Tax (Ref. Circular No. 210/04/2024 GST of Central Tax) Sub :- Central Board of Indirect Taxes and Customs (CBIC) has issued the above referred circular. For the uniformity, it has been decided that the said circular issued by the CBIC is being... ... ...

News and Press Release
Dated:- 10-9-2026
Inaugural INNOPROM India strengthens India-Russia cooperation in manufacturing, technology and investment India-Russia Set Bilateral Trade Target of Rs.9.45 Lakh Crore (US$100 Billion) by 2030 20 Industrial Smart Cities Across 13 States to Offer Investment Potential of Rs.5.35 Lakh Crore National Industrial Corridor Development Corporation Limited (NICDC), under the Department for Promotion of Industry and Internal Trade (DPIIT), Ministry of Commerce & Industry, Government of India, par... ... ...

By: - Sadanand Bulbule
Zero-rated exports permit input tax credit through export under a Letter of Undertaking or Bond without payment of integrated tax, followed by refund of accumulated unutilized credit, or through the permitted integrated-tax payment route. Export proceeds must be realized within applicable foreign-exchange timelines. Deemed exports to specified export-promotion entities remain taxable domestic supplies and use invoice-based refund procedures. Advance Authorisation enables duty-free import of export-production inputs subject to value-addition and actual-user conditions. An LUT requires payment of tax and interest if export or service-remittance conditions are not met.

By: - Vivek Jalan
Input tax credit under section 16(2)(c) of the CGST Act is conditioned on actual remittance of tax to the Government by the supplying person. A purchaser who has paid the tax component to the supplier may consequently be denied credit where the supplier defaults in payment. Purchaser concerns require revenue authorities to focus recovery efforts on defaulting suppliers and to make appropriate enquiries before placing the burden on purchasers. Technology-driven mechanisms for tracking supplier compliance are identified as necessary to reduce disproportionate hardship to genuine purchasers.

GST - INSPECTION OF GOODS IN MOVEMENT
Articles Goods and Services Tax - GST
By: - Dr. Sanjiv Agarwal
Inspection in movement (Section 68) • Any inter-state consignment, value of which is exceeding Rs. 50,000/-, may be stopped at any place for verification of the documents/devices prescribed for movement of such consignment (monetary limits for intra-state consignments are different as fixed by State Governments). • If on verification of the consignment, during transit, it is found that the goods were removed without prescribed document or the same are being supplied in contrave... ... ...

By: - Raj Jaggi
A Small Filing Fee Raises a Larger Question of Statutory Interpretation With the constitution and functioning of the Goods and Services Tax Appellate Tribunal (GSTAT), the procedural provisions governing appeals have acquired immediate practical importance. One such provision is Rule 110(5) of the CGST Rules, 2017, which prescribes the fee payable to file or restore an appeal before the Tribunal. At first glance, the Rule appears straightforward. It prescribes a fee of Rs. 1,000 for every ... ... ...

By: - Bimal jain
The Hon'ble Madras High Court in Scals Enterprises (Represented by its Proprietor Mr. Arivalagan Thanikachalam) Versus Commercial Tax Officer - Vepery, Chennai - 2026 (9) TMI 395 - MADRAS HIGH COURT upheld the rejection of the rectification application filed under Section 161 of the Central Goods and Services Tax Act, 2017 ("the CGST Act") insofar as it pertained to under-declaration of ineligible Input Tax Credit ("ITC") and held that the scope of Section 161 of the applicable GST enactments is... ... ...

By: - DR.MARIAPPAN GOVINDARAJAN
In Santu Das Versus Assistant Commissioner of CGST & C. EX, Chandannagore Division & Ors. - 2026 (7) TMI 906 - CALCUTTA HIGH COURT , a show cause notice, dated 06.07.2021 was issued to the writ petitioner by the Department under Section 73(1) of the Central Goods and Services Tax Act, 2017 ('Act' for short). The show cause notice pertains to the irregular availment of input tax creditor and wrongful utilisation of the input tax credit. The show cause notice alleged that the petitioner had irregu... ... ...

By: - K Balasubramanian
The Supreme Court in their verdict in the matter of Safari Retreats has categorically ruled based on Section 17 (5) (d) of the CGST Act 2017, in para 32 of their order that the construction activities of commercial buildings may be categorized in two baskets as to whether for on his own account or otherwise. It went one step further to explain that when a commercial building is constructed for future use such as office, godown, factory, warehouse etc., the same is for his own account and accordi... ... ...

By: - DEV KUMAR KOTHARI
Provisions expressly mentioned in the judgment/order text. Income-tax Act, 1961 • Section 142A - Estimate by Valuation Officer in certain cases • Section 153 - Time limit for completion of assessment, reassessment and precomputation. In several earlier articles also learned author has emphasised that timely step should be taken and last moment action should be avoided to miss the limitation and also to avoid doubts about intentions and keep actions beyond glare of raising... ... ...

Customs, DGFT & SEZ
Dated:- 10-9-2026
Pilibhit to Get Dedicated Basmati and Organic Training Centre to Boost Farmer Support and Agri-Exports Centre to Provide Quality Basmati Seeds, Technical Training, Organic Farming Support and Export Handholding to Farmers and FPOs Union Minister of State for Commerce and Industry and Electronics and Information Technology, Shri Jitin Prasada, presided over the Foundation Stone Laying Ceremony of the BEDF Basmati and Organic Training Centre cum Demonstration Farm at Tanda Bijeshi, Pilibhit,... ... ...

Customs, DGFT & SEZ
Dated:- 10-9-2026
Shri Goyal calls for common BRICS trade platform, greater participation of women-owned enterprises in exhibitions and buyer-seller meets  BRICS members to make Women's Advancement Fund a concrete initiative: Shri Goyal Shri Goyal emphasises predictable rules, digital trade documentation and greater services trade among BRICS countries India's merchandise exports grow over 15% during April-August despite global trade headwinds: Shri Goyal Union Minister of Commerce and Industry S... ... ...

News and Press Release
Dated:- 10-9-2026
Thirteen persons have been arrested in six pan-India operations in crackdown on illegal wildlife trade Continuing its intelligence-led crackdown on the illegal trafficking of protected wildlife and wildlife derivatives, the Directorate of Revenue Intelligence (DRI) conducted six significant operations at different locations across the country in last 10 days, resulting in the seizure of a two leopard pelts, 180 live Indian Star Tortoises, 12 live Tokay Geckos, around 24 kg Pangolin Scales and... ... ...

2026 (9) TMI 642
Case Laws Indian Laws
MSME dispute resolution requires arbitration or institutional referral after failed mediation, preventing dismissal of the reference.
Section 18 of the Micro, Small and Medium Enterprises Development Act, 2006 requires the Facilitation Council to conduct mediation on a reference and, if mediation fails, to either arbitrate the dispute itself or refer it to a competent arbitral institution or centre. Dismissing the reference after unsuccessful mediation, without commencing or making an effective arbitral reference, is inconsistent with the statutory dispute-resolution mechanism. The reference must proceed to arbitration or be referred for adjudication on merits.

2026 (9) TMI 643
Case Laws Indian Laws
MSME rehabilitation claims raised after SARFAESI measures cannot reopen recovery proceedings when statutory tribunal remedies remain available.
MSME borrowers seeking revival and rehabilitation protection must raise eligible MSME status and seek a corrective plan or rehabilitation in response to a SARFAESI demand notice. A secured creditor must examine a properly raised claim and may need to keep further enforcement measures in abeyance where the claim warrants acceptance. A belated MSME-protection claim cannot reopen earlier SARFAESI measures or a consequential auction notice when it was not raised in the initial response or prior proceedings. The Henderson Principle, constructive res judicata and Order II Rule 2 prevent later assertion of grounds that could and should have been raised earlier. The statutory remedy before the Debt Recovery Tribunal remains available.

2026 (9) TMI 644
Case Laws Indian Laws
Rebuttable cheque-debt presumptions require proof of lending capacity and underlying liability once a probable defence arises.
Presumptions of consideration and legally enforceable debt arising from an admitted cheque signature are rebuttable on a preponderance of probabilities. A probable defence may emerge from deficiencies in the complainant's evidence, including failure to establish financial capacity to advance an alleged cash loan through bank records, receipts, or another financial trail. Delivery of a signed blank cheque does not eliminate the need to prove the underlying liability once such a defence is raised. Non-production of a material eyewitness may justify an adverse inference. Consistent defence evidence and evidentiary gaps can rebut the presumption, leaving the alleged debt unproved and a cheque-dishonour conviction unsustainable.

2026 (9) TMI 645
Case Laws Indian Laws
Repayment of released appeal deposits remains mandatory upon acquittal despite procedural irregularity in the refund direction.
Section 148(3) of the Negotiable Instruments Act requires a complainant to repay, with stipulated interest, any amount released during an appeal when the accused is acquitted. Although a repayment direction would ordinarily be made by the appellate court, a trial-court direction was not disturbed where the complainant had undertaken repayment before the appellate court, the amount was subsequently deposited under court directions, and repayment was not promptly made. The complainant therefore remained obliged to refund the released amount following acquittal.

2026 (9) TMI 646
Case Laws Indian Laws
RBI supersession of multi-State co-operative bank boards may continue beyond elected tenure, subject to statutory aggregate limits.
Section 36AAA(1) of the Banking Regulation Act governs RBI-supervised supersession of boards of multi-State co-operative banks. The third proviso to Article 243ZL(1) preserves application of the banking regulatory regime to co-operative societies conducting banking business; consequently, the general six-month constitutional limit does not constrain supersession under Section 36AAA(1). Supersession may be extended, including beyond the elected tenure of the erstwhile board, within the aggregate statutory ceiling of five years. The Administrator must convene a general meeting to elect new directors before expiry of the supersession period specified by the RBI. Consultation with a State Government is not required for a multi-State co-operative bank.

2026 (9) TMI 647
Case Laws Indian Laws
Stamp valuation enquiries may not require fraudulent intent, but binding precedent on wilful undervaluation awaits larger-Bench review.
Section 47-A(1) of the Indian Stamp Act permits a valuation enquiry where there is reason to believe that market value or consideration has not been truly stated. Its text does not expressly require wilful undervaluation or fraudulent intent to evade stamp duty. Treating fraudulent intent as an independent jurisdictional condition may conflict with literal construction of a taxing statute and restrict valuation-based scrutiny. However, binding three-Judge Bench precedent had imposed that requirement. The conflict over the correctness of that precedent was referred to a larger Bench, without a final determination of stamp-duty liability or the notice's validity.

2026 (9) TMI 648
Case Laws VAT / Sales Tax
Fresh assessment remand bars Tribunal appeal when the predominant tax issue is reopened despite findings on ancillary matters.
Appellate orders that reopen the predominant assessment issue for fresh consideration, while allowing supporting evidence on a claimed transit-sale exemption, may in substance set aside the assessment and require a fresh assessment under the third proviso to Section 58(1) of the Tamil Nadu Value Added Tax Act, 2006. Such an order bars a further appeal to the Tribunal. Claims, evidence and documents must instead be pursued before the Assessing Officer, who must complete the fresh assessment independently and without prejudice from prior observations.

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