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Notification No. 100/2026 Dated:- 27-7-2026 Income-Tax Act, 2025
Specified income exemption is notified for the Chhattisgarh Real Estate Regulatory Authority under Schedule III read with section 11 of the Income-tax Act, 2025. Eligible income includes government grants, loans or advances, regulatory fees and penalties, and interest earned on such receipts. The exemption is conditional on no commercial activity, required income-tax return filing, and continuity of the Authority's activities and specified income. Non-compliance results in withdrawal of the exemption and initiation of proceedings.

Notification No. 99/2026 Dated:- 27-7-2026 Income-Tax Act, 2025
Tax exemption under section 10(46) of the Income-tax Act, 1961 is notified for the Chhattisgarh Real Estate Regulatory Authority for government grants, loans or advances, regulatory fees and penalties, and interest earned on those receipts. The exemption requires the Authority to avoid commercial activity, retain the same activities and nature of specified income, and file its income return as required. Non-compliance may result in penal action and withdrawal of the exemption. The notification operates retrospectively for the stated assessment years.

Notification No. 98/2026 Dated:- 27-7-2026 Income-Tax Act, 2025
Tax exemption is notified for the Fees Regulating Authority in respect of processing fees, related charges, government reimbursements or grants, and interest from deposits and investments. The exemption requires that the Authority not engage in commercial activity, retain unchanged activities and specified income, and file its income-tax return as prescribed. Failure to meet these conditions may result in penal action and withdrawal of the exemption. The notification applies retrospectively for the stated assessment years.

Circular No. PUBLIC NOTICE NO. 60/2025 Dated:- 20-11-2025 Trade Notice Dated:- 20-11-2025 Trade Noti...
Customs duty exemptions are consolidated into a unified framework that supersedes earlier exemption notifications while preserving prior actions and omissions. Four tables set out full or partial relief from Basic Customs Duty, Integrated Goods and Services Tax, and Compensation Cess, linked to tariff headings and conditions. Annexures prescribe end-use and certification requirements, lists identify eligible specified goods and sectoral concessions, and explanations clarify defined terms. Stakeholders must use the consolidated framework for post-effective-date imports and consult related cess and surcharge amendments for alignment.

Circular No. PUBLIC NOTICE NO. 62/2025 Dated:- 27-11-2025 Trade Notice Dated:- 27-11-2025 Trade Noti...
SWIFT 2.0 provides a unified digital platform for EXIM clearances involving Partner Government Agencies, enabling submission of NOC data and documents, application tracking, alerts, online fee payments, inspection notifications and digital access to approved NOCs. In its first rollout phase, Animal Quarantine and Certification Services, the Plant Quarantine Management System and the Food Safety and Standards Authority of India are integrated. Required data fields and mandatory documents must be accurately declared through the Integrated Declaration in the Bill of Entry or the unified application dashboard where PGA clearance is required.

Unrealised foreign exchange translation gains recognised on year-end restatement under AS-11 or Ind AS 21 are described as notional accounting adjustments, not consideration for a supply. Their disclosure in GSTR-9C serves reconciliation between financial statements and GST returns and does not itself establish taxability. The discussion distinguishes such unrealised gains from realised gains on settlement of an underlying taxable supply, which may affect that supply's value. A response should explain the accounting treatment and demonstrate that the reported amount is a non-supply reconciliation item.

A credit to the profit and loss account arising from reclaimed transitional input tax credit, after its approved availment through TRAN-1, does not by itself constitute a supply liable to GST. GST liability requires a taxable supply, and the accounting entry should be established as an input tax credit reclaim rather than consideration arising from a supply. The clarification states that the credit availed through TRAN-1 received departmental approval.

Independent application of mind is required before a competent authority issues a show cause notice. The High Court noted that use of an artificial intelligence tool to prepare and issue the notice lacked demonstrated statutory sanction, and rejected the explanation that AI-generated references were inadvertently uploaded. As the authority had not independently examined the facts as required by the statute, the show cause notice and consequential proceedings were quashed. The authority retained liberty to initiate fresh action in accordance with law after independently applying its mind.

The seven-day time limit for issuing a penalty order after service of a notice for detained or seized goods in transit is presented as mandatory under the J&K Goods and Services Tax Act, 2017. The use of "shall", the coercive nature of detention and seizure, and the statutory objective of preventing arbitrary or prolonged detention support strict procedural compliance. The absence of an express statutory consequence for delay does not make the requirement directory; legislative intent, statutory purpose and affected rights govern its character. A penalty notice or order issued beyond the prescribed period is liable to be quashed, without affecting proceedings otherwise permissible under the Act.

Parallel CGST and SGST proceedings for irregular input tax credit availment require examination of whether both proceedings concern the same credit-disallowance charge arising from discrepancies between suppliers' GSTR-1 and the taxpayer's GSTR-3B. Applying the Supreme Court's twofold test, the High Court directed the SGST authority to reconsider the taxpayer's reply and documents and determine charge overlap. If the charge is identical to that in the CGST proceedings, it may be dropped; the separate audit-based allegation of underreported tax liability may be adjudicated independently. The assessment order was set aside and remanded for fresh adjudication, with merits left open.

In GST demand proceedings, a writ challenge to an ex parte demand requires bona fide conduct and full disclosure. The petitioner did not specifically deny receiving notice at its registered email, failed to disclose available GSTR-2A input tax credit or address allegations of excess credit and suppressed turnover, and gave an undertaking and post-dated cheques after its bank account was attached. Having obtained release of the account without contemporaneously alleging duress, it could not later raise that plea. The HC treated the challenge as an afterthought lacking bona fides and declined discretionary writ relief, dismissing the petition with costs.

Revision of returns for omitted inward and outward stock-transfer transactions cannot be rejected solely because accounts were not audited where the application is independent of an audit report. The article notes that unrelated penalty proceedings and assessments for another year do not affect the relevant revision request; the revision was directed to be accepted and the proposed KVAT assessment held pending disposal. GST orders based on an adverse inference that jewellery sent outside the State was not returned arose from the same transactions. They were set aside pending the revision outcome, with fresh GST action permitted thereafter in accordance with that outcome.

Bail conditions dependent on an embassy guarantee were modified after a foreign national could not obtain the required certificate despite seeking compliance. Continued detention following grant of bail was attributed to the impossibility of satisfying the embassy-related conditions. The guarantee-certificate requirement was replaced with an undertaking to attend each hearing and cooperate in the trial, while embassy-based periodic reporting was replaced by a bi-monthly affidavit to the trial court stating the applicant's residence and movements within India or the State. The restriction on leaving India without trial court permission and all other bail conditions remained in force.

2013 (1) TMI 1079
Case Laws Income Tax
Second revisional action fails when its consequential assessment foundation is quashed and statutory limitation has expired.
Second revisional action cannot validly rest on a consequential assessment order where the earlier revisional order that solely founded that assessment has been quashed. The consequential assessment consequently lacks independent survival and cannot support further revision. If the later revision is instead treated as directed at the original block assessment, it must satisfy the statutory two-year limitation governing revisional jurisdiction. A second revision in these circumstances is unsustainable and time-barred.

Circular No. PUBLIC NOTICE NO. 61/2025 Dated:- 27-11-2025 Trade Notice Dated:- 27-11-2025 Trade Noti...
Section 18A permits an importer or authorised person to electronically seek voluntary revision of Bill of Entry information after customs clearance at the port where duty was paid. Filing requires payment of the prescribed application fee, validation of Bill of Entry and payment details, and a mandatory declaration of eligibility. Revision is barred where specified audits, enforcement proceedings, reassessment or assessment, or notified excluded cases exist. Registered IEC holders may use the ICEGATE webform to amend, supplement or delete permitted Bill of Entry, invoice, item, supporting-document and declaration information, obtain a tracking identifier, and monitor filing status.

Circular No. PUBLIC NOTICE NO. 64/2025 Dated:- 23-12-2025 Trade Notice Dated:- 23-12-2025 Trade Noti...
National Time Release Study, 2026 will measure average end-to-end clearance and release times for import and export goods and use the findings to optimise EXIM cargo release processes. Air Cargo Complex, Mumbai, is a selected study location. Importers, Customs Brokers, trade participants and other stakeholders are requested to participate and cooperate, with an awareness meeting scheduled to support effective conduct of the exercise.

Capacity-based cess on pan masala packing machines was examined against Article 14 because the levy charged identical cess within a capacity slab despite substantial differences in actual output. The article states that deeming production, rather than taxing actual production, lacked rational classification and created manifest inequality; the capacity-based levy, related Rules and consequential notifications were therefore invalidated to that extent. It also notes that restricting abatement to continuous machine non-operation of at least fifteen days was arbitrary because genuine shorter shutdowns received no relief. Parliament's residuary power to levy cess on ownership or possession of machines was upheld, subject to constitutional equality requirements.

GST applies to supplies of goods or services, not to compulsory acquisition compensation for land and attached structures. Land and buildings are immovable property rather than goods, and acquisition through the State's exercise of eminent domain is an expropriation, not a sale by the owner or provision of a service. No legal provision was identified to impose GST on the compensation, including its structural component. The High Court therefore treated deduction of GST from the acquisition award as beyond power, quashed the deduction, and directed refund with interest.

Under GST, Section 107(11) limits the Appellate Authority to confirming, modifying or annulling the appealed order and prohibits remand to the original authority. Where further inquiry is necessary, the authority must adjudicate the appeal itself; a direction requiring taxpayers to furnish evidence before the Adjudicating Authority is characterised as beyond statutory power. The text further explains that a remand contrary to this prohibition is treated as a jurisdictional nullity. Rejection of rectification on limitation does not cure that defect, and writ jurisdiction may remain available despite an alternative remedy where action is ex facie without jurisdiction or breaches an express statutory restriction.

Arrest safeguards require communication and furnishing of grounds of arrest and prompt intimation to a friend or relative. The text states that these safeguards were not met where an accused was brought from existing judicial custody under a B-warrant. It also addresses the impropriety of a subsequent Bharatiya Nyaya Sanhita prosecution where a CGST Act prosecution was already pending for what appeared to be the same offence. For an inter-State arrest and transfer, the accused must be produced before a local Executive or Judicial Magistrate for transit remand; absence of such remand independently renders the arrest, detention and remand unlawful. The reported arrest, detention and remand were set aside, subject to fresh lawful action.

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