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2025 (3) TMI 2206
Case Laws Income Tax
Unspecified penalty charge and probability-based rejection of cash explanation rendered concealment penalty unjustified and led to its deletion.
Penalty for alleged unexplained cash deposits under Section 271(1)(c) was considered unjustified where the assessment order did not specify whether the charge was concealment of income or furnishing inaccurate particulars. The cash-withdrawal explanation was rejected only on a probability-based view that the withdrawn funds were used for household expenditure. In these circumstances, the statutory discretion on penalty was exercised in favour of the assessee, and the penalties were deleted.

2025 (3) TMI 2207
Case Laws Income Tax
Unexplained money and investment additions fail without independent enquiry, proof of fund ownership, or evidence of actual investment.
Unexplained-money additions require the Assessing Officer to test a prima facie source explanation through independent enquiry and establish that the assessee owned unexplained funds. Cash advances linked to notarised, unregistered land-sale and purchase agreements could not be treated as unexplained money where the explanation was supported by agreements, cancellation and return of an advance, and was not rebutted by evidence. Unexplained-investment additions likewise require proof that an investment was actually made; an addition based on an incorrect computation and an unsupported assumption, without evidence of property transfer or payment, cannot stand. The impugned additions were deleted.

2025 (3) TMI 2208
Case Laws Income Tax
Duty drawback recognition under ICDS-VII depends on reasonable assurance of export-condition compliance, preventing premature taxation and double taxation.
ICDS-VII permits recognition of duty drawback as a government grant when there is reasonable assurance that attached conditions will be met and the grant will be received, while prohibiting deferral beyond actual receipt. Where export proceeds were realised within the relevant previous year, that assurance existed and drawback was taxable in that year; any later-year inclusion required exclusion to prevent double taxation. Where substantial export proceeds were not realised within the prescribed period, the export-realisation condition lacked reasonable assurance in the earlier year. Drawback actually received in the following year was therefore recognised and taxed in that later year.

2025 (3) TMI 2209
Case Laws Income Tax
Bank transactions recorded by successor proprietorship cannot be treated as unexplained income of the dissolved firm merely due to old PAN.
Cash deposits and withdrawals in a bank account retained under a dissolved firm's PAN cannot be assessed as unexplained money or unexplained expenditure of that firm where its business, assets and liabilities were taken over by a former partner operating as a proprietorship. The transactions were recorded in the proprietor's cash book, bank book, return and auditor's certificate, while prior departmental records had accepted the dissolution and takeover. Continued use of the former firm's PAN in bank KYC did not establish that the transactions belonged to the dissolved firm; the additions were therefore deleted.

2025 (3) TMI 2210
Case Laws Income Tax
Power-of-attorney sale execution creates no taxable income where consideration and possession remain with the actual property owner.
An attorney holder who executes a sale deed solely under a power of attorney does not incur taxable income from the property sale where the actual owner received the full consideration and transferred possession under the agreement to sell. Subsequent execution and registration of the deed by the attorney holder does not, by itself, establish that the attorney holder received consideration or derived income. On the stated facts, no taxable income arose to the attorney holder in either the year of the agreement or the year of registration.

2025 (3) TMI 2211
Case Laws Income Tax
Surrendered professional income recorded in books remains taxable at normal rates absent proof of an independent undisclosed source.
Surrendered income arising from unrecorded debtors, excess cash, excess stock and investment, when recorded in the books and linked solely to medical professional activity, is treated as business income taxable at normal rates. Disclosure under income from other sources does not by itself bring the amount within unexplained-income provisions. Where no material establishes an independent undisclosed source, excess stock and related surrendered income connected with regular business or professional activity remain taxable as business income; application of Section 115BBE is therefore unwarranted.

2025 (3) TMI 2212
Case Laws Income Tax
Recorded petrol-pump sales explained cash receipts, making the unexplained-money addition unsustainable despite doubts over debtor recoveries.
Cash receipts from petrol-pump sales recorded on the same date were explained by corresponding recorded sales, where the books of account remained unrejected and no adverse material contradicted the receipts' source. Specified bank notes were permitted for purchases of petrol, diesel and gas at authorised public-sector oil marketing company stations until 11 November 2016. Doubts about describing the receipts as recoveries from sundry debtors did not displace the documented sales and cash receipts. The addition for unexplained money under Section 69A was therefore unsustainable and deleted.

2025 (7) TMI 2061
Case Laws Income Tax
Co-operative society deductions cover member credit income and qualifying bank interest, while audit-fee disallowance depends on payee tax compliance.
Section 80P should be liberally construed to support registered co-operative societies providing credit facilities to members. Income from those activities qualifies for deduction under Section 80P(2)(a)(i), and limited lending to associate members does not by itself defeat eligibility where operations conform to the society's registration and bye-laws. Interest from investments with a co-operative society engaged in banking may qualify under Section 80P(2)(d), or under Section 80P(2)(a)(i) where attributable to business. Section 80P(4) does not alter a co-operative bank's status as a co-operative society under State law. Audit-fee disallowance for tax withholding may be removed if Form 26A establishes the payee's tax compliance.

2025 (9) TMI 1847
Case Laws Income Tax
Mandatory assessment notice requires issuance by the jurisdictional officer; assessment by another officer without jurisdiction transfer was quashed.
A notice under section 143(2) must be issued by the officer holding assessment jurisdiction as a mandatory prerequisite to a valid assessment. Where the notice was issued by one Income-tax Officer but the assessment was completed by another, and no material established a transfer of jurisdiction, the assessing officer could not rely on the other officer's notice. The assessment was therefore invalid and quashed.

2025 (10) TMI 1452
Case Laws Income Tax
Reassessment time limits invalidated a Section 148 notice issued after the permissible period for assessment year 2015-16.
Reassessment notices for assessment year 2015-16 issued on or after 1 April 2021 were required to be dropped because proceedings could not be completed within the period prescribed under the applicable relaxation legislation. Accordingly, a notice issued under Section 148 on 28 July 2022 for that assessment year was invalid and was quashed.

2025 (3) TMI 2201
Case Laws Income Tax
Tax offence compounding follows timely payment of the prescribed fee, while reassessment and evidentiary issues remain addressed.
Tax prosecution for alleged wilful evasion and false statements is discussed alongside reassessment for escaped income, admissibility of unauthenticated foreign public documents, and the effect of penalty reduction or waiver on prosecution. The text addresses statutory protection where penalty is reduced or waived, limitation rules for economic offences, and computation of compounding fees under applicable CBDT guidelines. It records that, upon payment of the stipulated compounding fee within the prescribed time, the trial court shall compound the offence.

2025 (8) TMI 1847
Case Laws GST
Transitional CENVAT credit refunds remain subject to Central Excise appellate jurisdiction, requiring appeals to proceed before CESTAT.
Refund claims for unutilised CENVAT credit under the transitional provision must be disposed of under the existing Central Excise law. Where the original and first-appellate orders concern refund of accumulated CENVAT credit or rejection of credit under that regime, the appellate remedy lies before CESTAT. GSTAT therefore has no appellate jurisdiction over such appeals, which must be pursued before CESTAT.

Customs & Trade
Dated:- 6-8-2026
PTI
An early Bilateral Trade Agreement is proposed to protect Indian interests, secure tariff exemptions for key exports, reduce barriers affecting industrial products, and create predictable trade conditions. Recommended measures include financial and export-credit support for small industries, real-time monitoring of customs requirements, documentation assistance, and timely policy support against tariff and non-tariff barriers. Export strategy should develop knowledge services and critical supply-chain integration, while a National Fund should assist suppliers with redesign, tooling, certification and entry into new global supply chains.

Customs & Trade
Dated:- 6-8-2026
PTI
Ethanol imports for fuel blending remain outside concessions or commitments in India-US trade discussions. Under the Ethanol Blended with Petrol Programme, ethanol procurement is governed solely by domestic policy requirements and is sourced entirely from domestic producers. Claims of existing or intended large-scale ethanol imports from the United States for fuel blending, or of a policy change permitting them, are stated to be baseless.

Customs, DGFT & SEZ
Dated:- 6-8-2026
Ethanol used for fuel blending under the Ethanol Blended with Petrol Programme is sourced entirely from domestic producers, with no imports from the United States for that purpose. No concessions or commitments on importing United States ethanol for fuel blending have been made in trade discussions. Fuel blending and ethanol procurement continue to be governed solely by domestic policy requirements, and claims of a policy change allowing large-scale imports are incorrect.

News and Press Release
Dated:- 6-8-2026
Patent and trade marks agent examinations comprise an objective Paper I, a descriptive Paper II and a viva voce assessing suitability to practise before the Intellectual Property Office. Candidates must secure the stipulated minimum marks in each written paper and the required aggregate score to pass. Registration in the relevant Register of Patent Agents or Register of Trade Marks Agents is available only to candidates who satisfy all prescribed eligibility conditions and qualify the examination.

FEMA & RBI
Dated:- 6-8-2026
Draft amendments to the Non-Banking Financial Companies credit-facilities framework have been released for public consultation. Regulated entities and other interested stakeholders may submit comments or feedback through the 'Connect 2 Regulate' platform or by email using the specified subject line.

Circular No. GST Circular No. 7/2020 Dated:- 27-5-2020 Rajasthan SGST Dated:- 27-5-2020 Rajasthan SG...
GST paid on cancelled service advances or returned invoiced goods is generally adjusted through a credit note and the relevant return; a refund claim for excess tax payment may be made where no output liability exists for adjustment. Where no invoice was issued for a cancelled advance, a refund voucher is required and refund may be claimed through FORM GST RFD-01. The clarification also extended the time for furnishing LUT, filing the TDS return and depositing deducted tax, and filing refund applications falling within the specified relief period.

Notification No. G.O.Ms.No. 114 Dated:- 24-8-2023 Telangana SGST
The amendments introduce a mechanism for reversal and later re-availment of input tax credit where the supplier does not furnish the corresponding GSTR-3B within the prescribed deadline. They also establish rule 88C, requiring a registered person to pay or explain differences between liability reported in GSTR-1 or the invoice furnishing facility and GSTR-3B, with recovery consequences for unpaid and unexplained differences. GSTR-1 reporting is revised to add electronic-commerce supply disclosures, while refund, appeal, registration and prescribed-form procedures are updated.

Notification No. EXN-F(10)-2/2025-Vol-I Dated:- 24-2-2026 Himachal Pradesh SGST
Appellate Tribunal appeal limitation under the Himachal Pradesh Goods and Services Tax Act, 2017 is notified for backlog and subsequent appeals. Appeals against orders communicated before 1 April 2026 may be filed up to 30 June 2026. Appeals against orders communicated on or after 1 April 2026 must be filed within three months from communication of the order to the appellant.

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