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2024 (7) TMI 1802
Case Laws Income Tax
Connected special leave petitions: notice and interim-relief request to be considered with the common batch.
Special leave petition concerning an issue stated to be identical to that in connected petitions was issued notice, including on the request for interim relief. The matter was directed to be listed together with the connected batch, so consideration of the petition and interim-relief request will proceed alongside matters raising the same issue. No substantive determination of the underlying legal issue is recorded.

FEMA / RBI
Dated:- 13-8-2026
PTI
Global Capability Centre banking support is positioned around connected offshore and onshore banking, international network access, digital banking platforms, and expertise in treasury centres, cross-border corporates, and evolving GCC operating models. The approach seeks to simplify financial operations and support GCC expansion across global markets. India's GCC ecosystem is characterised as a leading global capability hub, with capability centres evolving into strategic enterprise hubs requiring support for operational and financial complexities across markets.

FEMA / RBI
Dated:- 13-8-2026
PTI
IFSCA registration under the IFSCA (Capital Market Intermediaries) Regulations, 2025 authorises Nexent Capital IFSC Private Limited to operate as an investment banker from GIFT City. Permitted activities include management of initial and follow-on public offerings, SPAC and secondary listings, depository receipt issuances, debt capital-market transactions, and other capital-market advisory mandates. The firm proposes to provide transaction structuring, listing-readiness, execution and post-listing capital-markets support for companies seeking capital raising and listing opportunities through GIFT City's exchanges.

Customs & Trade
Dated:- 13-8-2026
PTI
India's merchandise exports increased in July, while imports also rose and widened the trade deficit. Export growth was attributed to higher overseas shipments of petroleum products, electronics, engineering goods and marine goods. Exports and imports both recorded growth during the April-July fiscal period, and exports to West Asian countries increased in July.

2019 (9) TMI 1766
Case Laws Income Tax
Incriminating material requirement limits Section 153A additions for concluded assessments, making unrelated search assessment adjustments unsustainable.
For concluded assessments, Section 153A permits additions or disallowances only where they have a nexus with incriminating material found during the search. Where the relevant assessments had already concluded before the search and the Revenue did not dispute that the additions and disallowances lacked such a connection, the search assessments exceeded jurisdiction. Additions made without reference to incriminating material in respect of concluded assessments are unsustainable.

Customs & Trade
Dated:- 13-8-2026
PTI
Vizhinjam International Seaport is scheduled to commence EXIM operations after Customs clearance, issuance of Customs notifications, establishment of a Customs-bonded area, and temporary connectivity to NH-66. The port had previously handled transshipment operations. A proposed transfer of a stake in the port concessionaire to a foreign shipping company remains under committee examination and requires Central Government consideration of strategic and security aspects.

Customs & Trade
Dated:- 13-8-2026
PTI
Renewable energy procurement is shifting beyond lowest tariffs towards dependable, dispatchable and affordable clean power, assessed through capacity value, balancing capability and system economics. Storage-backed renewable and hybrid projects can improve renewable utilisation, reduce variability and curtailment, and support peak demand. Higher renewable penetration also requires supportive storage policies, timely approvals, aligned intrastate transmission planning, stronger distribution infrastructure, and market mechanisms for ramping reserves, frequency response and fast-response balancing services.

2023 (3) TMI 1636
Case Laws Customs
Low tax effect led to dismissal of the customs appeal, while the underlying question of law remained open.
The Supreme Court dismissed the customs appeal solely because the tax effect was below the monetary limit for filing an appeal. The question of law and the parties' rights and contentions in other pending matters involving the same issue were expressly kept open. No substantive determination was made on the underlying customs issue, and pending applications were disposed of.

Notification No. 3/2022-State Tax (Rate) Dated:- 16-7-2022 Gujarat SGST
GTA services are restructured to allow forward-charge payment by the GTA at either 2.5 per cent State tax without input tax credit on inputs and input services, or 6 per cent State tax. The option must be made in Annexure V by 15 March of the preceding financial year and cannot be changed for one year. Passenger and goods transport by ropeways are separately subject to 2.5 per cent State tax where specified input tax credit is not taken. Tax entries are also introduced for higher-charged clinical establishment rooms and biomedical waste treatment services.

Notification No. 26/2022-State Tax Dated:- 31-12-2022 Gujarat SGST
Input tax credit must be reversed where a recipient has availed credit on supplier-reported invoices or debit notes but the supplier does not file the corresponding GSTR-3B by the prescribed cut-off. Failure to reverse the credit by the stipulated deadline requires payment with interest, while re-availment is allowed after the supplier files the return. A mismatch between GSTR-1 or Invoice Furnishing Facility liability and GSTR-3B liability may trigger electronic intimation in FORM GST DRC-01B, requiring payment with interest or an explanation within seven days; unresolved amounts are recoverable.

Circular No. PUBLIC NOTICE No. 8/2021 Dated:- 10-2-2021 Trade Notice Dated:- 10-2-2021 Trade Notice
Agriculture Infrastructure and Development Cess applies to imported goods unless an applicable exemption is claimed, and to petrol and high-speed diesel as excise AIDC. Bills of Entry must quote the relevant AIDC exemption notification, including for fully exempt goods. Customs AIDC claims require notification type "C" and additional duty flag "A", while excise AIDC claims require notification type "E" and additional duty flag "A". ICES incorporates the revised levy, exemptions and duty-calculation logic, requiring transitional verification of assessments and EDI calculations.

Notification No. 3/2023-State Tax Dated:- 20-4-2023 Gujarat SGST
Revocation of cancelled GST registration was available under a special procedure for eligible registered persons who had not applied within the prescribed period. An application could be made up to 30 June 2023 only after all returns due up to the effective cancellation date were furnished and all related tax, interest, penalty and late fee were paid. No further extension was available. The procedure also covered persons whose appeals were rejected solely because the revocation application was not filed within time.

Circular No. Order No. GSL/S.5(1)/B. 29 Dated:- 6-9-2023 Gujarat SGST Dated:- 6-9-2023 Gujarat SGST
Delegation of refund powers under the Gujarat Goods and Services Tax Act, 2017 is amended to authorise State Tax Officers to grant provisional export refunds, issue refund orders, and withhold refunds or deduct unpaid dues before payment. These powers are exercisable alongside Deputy Commissioners and Assistant Commissioners under the revised Schedule-A delegation framework.

2000 (9) TMI 1097
Case Laws Indian Laws
Irrevocable escrow instructions prevent unilateral withdrawals, while directly interested beneficiaries must be joined for effective adjudication.
Irrevocable escrow instructions requiring written concurrence of both the depositor's authorised representative and the beneficiary cannot be overridden by a depositor's unilateral withdrawal direction. A bank accepting such instructions must verify whether the stipulated release conditions are fulfilled and holds the earmarked funds in a trustee-like or agency capacity. Interim mandatory relief is unavailable where the claimant has not challenged the binding escrow terms, has not fully disclosed them, and fails to establish a prima facie case, irreparable injury, or equitable entitlement. A beneficiary with a direct interest in the escrow fund should be joined where its rights may be affected, enabling effective adjudication and an application to vacate injunctive relief.

Circular No. PUBLIC NOTICE NO.12/2021 Dated:- 26-3-2021 Trade Notice Dated:- 26-3-2021 Trade Notice
Customs electronic import and export declarations may use Metric Million British Thermal Unit as an accepted commercial unit of quantity under the code MBT. The unit is included in the Customs EDI System for natural-gas transactions measured by energy content, including commercial negotiations, invoices and ship ullage survey reports. Importers, exporters and trade participants may use MBT in their declarations, and implementation is treated as a standing order for customs officers and staff.

Circular No. PUBLIC NOTICE NO.13/2021 Dated:- 26-3-2021 Trade Notice Dated:- 26-3-2021 Trade Notice
Proposed amendments to Section 46 of the Customs Act, 1962 would mandate advance filing of Bills of Entry before the end of the day preceding arrival of imported goods for home consumption or warehousing. The requirement is intended to facilitate pre-arrival processing and assessment and reduce clearance time. The Board may prescribe different deadlines for specified cases, but not later than the end of the day of arrival. Possible relaxation for certain land, airport, neighbouring-country and short-haul imports remains subject to the amendment taking effect.

Notification No. 38/2023-State Tax Dated:- 14-9-2023 Gujarat SGST
Registration compliance requires bank-account details within 30 days of registration or before filing FORM GSTR-1 or using the invoice furnishing facility, whichever occurs first. Non-compliance may result in suspension and restriction on FORM GSTR-1 filing until compliance. Where input tax credit availed in FORM GSTR-3B exceeds credit reflected in FORM GSTR-2B beyond prescribed thresholds, FORM GST DRC-01C requires payment with interest or an electronic explanation within seven days. Unpaid and unexplained differences may proceed to demand, and recovery of unpaid recoverable amounts may be initiated through FORM GST DRC-01D.

2024 (8) TMI 1755
Case Laws Income Tax
Substantiation and export nexus govern deductions, while unsupported claims fail and unvouched ad hoc expense disallowances cannot stand.
Provision for doubtful debts unsupported by evidence or write-off is not an ascertained liability for book-profit computation under section 115JB, and unsubstantiated expenditure and unidentified unclaimed liabilities remain disallowable or taxable. An ad hoc expense disallowance is impermissible where business expenditure is accepted and books are not rejected. Software licence and maintenance costs require item-wise assessment of purpose, duration, recurrence and enduring benefit. Foreign-exchange hedging and marked-to-market gains require a direct export nexus for deduction under section 10A. Excess dividend distribution tax requires verification for refund, while employee stock-option discount is allowable business expenditure.

Circular No. PUBLIC NOTICE NO.15/2021 Dated:- 30-3-2021 Trade Notice Dated:- 30-3-2021 Trade Notice
Section 46 requires advance filing of Bills of Entry, generally by the end of the day preceding arrival, subject to mode- and consignment-based exceptions. Airport and Land Customs Station imports may be filed by the end of arrival day, while specified seaport consignments receive the same deadline. Late filing attracts late charges. Advance Bills of Entry may be filed with House Bill of Lading or House Airway Bill details where master transport documents are unavailable. The Master Bill of Lading or Master Airway Bill may later be updated through an automated, fee-free online amendment.

GST search powers require seized documents, books and things to remain with the proper or authorised officer only while necessary for examination, inquiry or proceedings; returning custody while retaining seizure is inconsistent with that scheme. Material still required may be taken into fresh custody through a fresh seizure order linked to the original seizure. A prohibition order may apply only to goods liable to confiscation where physical seizure is impracticable, not to office equipment, files, documents, books or things that are not confiscable goods; the prohibition order was quashed. Sealing premises is permissible only during an ongoing search when access is denied, not after search completion to store seized material; de-sealing and restoration of possession were directed.

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