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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.

Arrest safeguards require recorded and furnished grounds of arrest and actual intimation of arrest to a friend or relative; merely informing an accused of a right to communicate does not establish compliance. The text states that failure to meet these requirements rendered the arrest, detention and remand illegal. It further notes that where proceedings already concern the same alleged offence under the CGST Act, described as a complete code, subsequent police implication under the B.N.S.S. is not justified. Inter-State transfer from custody also requires production before the appropriate local Magistrate and transit remand; absence of transit remand is identified as an additional illegality.

Absence of a Document Identification Number in a GST assessment order is described as an inherent defect that invalidates the order. The text notes that portal upload is a statutory mode of service, and a registered person's ignorance of or inability to access the portal ordinarily does not justify delay. However, it states that delayed writ challenges to assessment orders with patent irregularities may be entertained on deposit of 20% of the disputed tax, balancing taxpayer hardship and tax administration. The assessment was set aside and remanded for fresh adjudication after hearing, with all issues left open, subject to that deposit.

Redemption premium on foreign currency convertible bonds issued to raise and use business funds is characterised as revenue expenditure, because the liability arises on issuance and does not acquire a capital asset or enduring advantage. The notes state that expenditure connected with issuing debentures or obtaining loans is likewise revenue in nature. The premium liability arises in the year of issue and may be proportionately spread over the bonds' prescribed maturity period; it is immaterial whether redemption is at will or only at maturity. The text further records that no substantial question of law arose on either the revenue character or timing of the deduction.

Pre-commencement receipts from broadband-project trial runs and scrap sales, when inextricably connected with installation of the capital asset, are treated as capital in nature. They are credited to capital work-in-progress and reduce construction cost rather than being taxed as income. For the infrastructure undertaking deduction, an eligible taxpayer may select an initial assessment year within the statutory claim period. The deduction then runs for the prescribed consecutive years from that chosen year, subject to statutory conditions, without setting off unabsorbed depreciation relating to years before the selected initial year.

Section 276CC contains a statutory exception to prosecution for failure to furnish an income-tax return where tax payable on regular assessment, after reducing advance tax and tax deducted at source, does not exceed the prescribed threshold. The notes state that an accepted return showing a refund entitlement after TDS credit indicates no revenue loss and may bring the taxpayer within that exception. They further note that failure by the sanctioning authority to consider TDS can render prosecution unwarranted and an abuse of process, supporting quashing of the complaint.

Higher-rate depreciation on a windmill turns on whether it was commissioned and exported electricity before the relevant date. The notes state that a commissioning certificate, grid-interconnection evidence, electricity-generation report and contemporaneous readiness letter supported commissioning in September 2004. They contrast this material with reliance on missing transport and insurance documents, characterising the latter approach as ignoring relevant evidence. The reported conclusion is that the windmill qualified for depreciation at the higher rate, with the appellate authority's position restored.

Under the mercantile system of accounting, notional interest on outstanding advances was not justified where evidence showed that no interest had been received for two preceding years and the debtor concerns' financial condition had deteriorated. One concern had ceased business activity, as indicated by cancellation of its sales tax registration and application to cancel excise registration, while material concerning the other concern was not properly considered. Family relationships with the assessee's partners alone did not support imputing interest. The article records that the High Court treated the contrary findings as perverse and deleted the notional-interest addition.

Under the India-Netherlands DTAA, executive search services that are separate from a licensing arrangement and do not make available technical knowledge, skill, know-how or processes are addressed as neither fees for technical services nor royalty. The note also distinguishes managerial services from treaty-defined technical services, while requiring examination of the specific services under a shared-services agreement. Reimbursements of actual expenses without a profit element are treated separately from fees for technical services. Interest on income-tax refunds is subject to the treaty interest provision, and tax on treaty-covered income cannot exceed the treaty-prescribed rate, including through surcharge and cess. Tax deducted at source credit remains subject to factual verification.

For a kachha arhtia, tax-audit turnover comprises only commission earned and excludes sale proceeds of goods belonging to principals. Where the accepted commission income remains below the prescribed limit, no tax-audit obligation arises. The notes also state that a penalty for failure to obtain audit cannot apply where the Revenue's position is that no books of account were maintained, because audit presupposes existing books. On the separate obligation to maintain books, the statutory conditions under section 44AA must be examined with reference to the preceding three previous years after allowing the taxpayer to explain the relevant facts. The books-maintenance penalty was remanded for fresh examination, while the tax-audit penalty was deleted.

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