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Circular No. Bikri-kar/Vividh-28/2018/1769 Dated:- 23-9-2020 Bihar SGST Dated:- 23-9-2020 Bihar SGST
Bihar GST compliance for insolvency proceedings permits corporate debtors with all pre-appointment FORM GSTR-1 statements and FORM GSTR-3B returns furnished to continue under their existing registration without separate IRP/RP registration. Replacement of an IRP/RP requires amendment of authorised signatory details rather than fresh registration. COVID-19 relief extends the merchant exporter's 90-day export condition, where it expired within the specified period, to 30 June 2020, and also extends filing of FORM GST ITC-04 for the March 2020 quarter to that date.

2024 (8) TMI 1762
Case Laws Income Tax
Reserve for unexpired risks remains outside book-profit add-back where it is an ascertained liability not charged to profit and loss.
Reserve for unexpired risks, representing identified premium income attributable to future contract or risk periods, is recognised over those periods and reduced from gross premium under insurance accounting requirements. Where the reserve is not debited to the profit and loss account and the related income is offered to tax in succeeding years, the precondition for addition under clause (b) of Explanation 1 to Section 115JB is not met. The reserve constitutes an ascertained liability and is not added back in computing book profit.

2026 (8) TMI 1697
Case Laws Income Tax
Cash sale consideration accepted under bona fide belief did not justify penalty where disclosure and co-owner parity supported relief.
Penalty for accepting cash sale consideration under Section 269SS was unsustainable where an agriculturist acted under a bona fide belief about tax requirements and urgently needed funds. The cash receipt was disclosed in a revised return before reassessment proceedings began. Consistent treatment was also required because penalty proceedings relating to the identical land-sale transaction had been dropped for a co-owner. Penalty under Section 271D was therefore deleted.

2026 (6) TMI 1508
Case Laws Income Tax
Leave-encashment exemption enhancement applies beneficially to pending assessments, supporting relief for eligible retired non-government employees.
Leave-encashment exemption for retired non-government employees under Section 10(10AA)(ii) is subject to the notified monetary ceiling. Notification No. 31/2023 increased that ceiling from Rs. 3 lakh to Rs. 25 lakh. The enhanced limit is treated as a beneficial and remedial measure intended to remove disparity with government employees and to apply to pending assessment proceedings where the claim falls within the revised ceiling. Delay in filing an appeal may be condoned where subsequent legal developments and the enhanced exemption notification establish sufficient cause, without deliberate or mala fide conduct.

2024 (8) TMI 1761
Case Laws Customs
Principal-use test preserves customs exemption for computer monitors despite additional connectivity when primarily designed for automatic data processing systems.
Retrospective substitution of "High Court" for "Appellate Authority" in section 28KA, coupled with deletion of the former appellate-authority definition, places appeals from advance rulings under section 28-I before the High Court. Customs-duty exemption for computer monitors principally used with automatic data processing systems remains available where the monitors are classifiable under Heading 8528 52 00. Under the principal-use test, additional HDMI, VGA, DVI, USB or comparable connectivity allowing incidental use with other devices does not displace the monitors' primary design and use with automatic data processing systems, nor does it alone establish that they are excluded television or video-reception monitors.

2026 (2) TMI 1472
Case Laws Income Tax
Section 270A notice specificity: vague under-reporting or misreporting charges invalidate penalties, while estimated additions may not establish misreporting.
Penalty notices under Section 274 read with Section 270A must clearly identify whether the charge is under-reporting or misreporting and, for misreporting, the relevant statutory basis. Notices using both expressions without specifying the applicable limb deny a meaningful opportunity to respond and invalidate the consequential penalty proceedings. Estimated additions for spent-solvent and scrap receipts, and cash expenditure recorded in regular books, do not by themselves establish misreporting where the explanation is bona fide and material facts are disclosed. Further, where income returned under Section 153A is accepted without variation, no under-reported income arises because the relevant comparison is with the assessed income.

2026 (6) TMI 1507
Case Laws Income Tax
Interest from co-operative bank deposits qualifies for co-operative society deduction under the specific investment-income provision.
Interest or dividend income earned by an eligible co-operative society from investments with another co-operative society qualifies for deduction under Section 80P(2)(d) of the Income-tax Act. The exclusion applicable to co-operative banks does not, by itself, bar this deduction for an eligible co-operative society. Precedent addressing interest under a different deduction clause does not govern a claim made under the specific provision for income from investments with co-operative societies. Accordingly, interest on deposits maintained with co-operative banks qualifies for deduction under Section 80P(2)(d).

2025 (2) TMI 1991
Case Laws Income Tax
Jurisdictional satisfaction for third-party search assessments cannot rest on contradictory descriptions of seized material and fail statutory conditions.
Section 153C(1) requires the Assessing Officer of the searched person to record satisfaction that seized books or documents pertain to another person, or that their information relates to that person. The Assessing Officer having jurisdiction over that other person must separately be satisfied that the material bears on determination of total income, even where the same officer assesses both persons. Describing seized notebooks as relating only to the searched person's money-lending business does not meet this jurisdictional condition. A later, contradictory assertion that the same material belongs to the other person cannot cure the defect. Section 292B does not validate failure to satisfy this mandatory condition precedent; resulting proceedings and assessments are void ab initio.

2021 (2) TMI 1414
Case Laws Income Tax
COVID-19 stay exclusions for residential status required CBDT consideration of relief for the subsequent financial year.
COVID-19-related inability to leave India during Financial Year 2020-21 raised the question whether the resulting period of stay should be excluded when determining residential status. Earlier CBDT relief applied to Financial Year 2019-20, while comparable relief for the subsequent year remained under consideration following a representation. The taxpayer was required to submit a representation to CBDT within three days, and CBDT was required to consider it within three weeks of receipt.

FEMA / RBI
Dated:- 27-8-2026
PTI
Further capital investment in Air India will be evaluated by Singapore Airlines' board through a disciplined capital-allocation process. Assessment will consider the group's capital requirements, Air India's business strategy, operating cash flow, investment needs for aircraft and products, and multi-hub investments intended to support long-term growth and returns. As a significant minority shareholder, Singapore Airlines supports Air India's transformation programme with Tata Sons, but no commitment to provide additional capital is indicated.

Circular No. Bikri-kar/Vividh-28/2018 1770 Dated:- 23-9-2020 Bihar SGST Dated:- 23-9-2020 Bihar SGST
GST paid on cancelled service-contract advances is adjusted through a credit note where an invoice was issued; a separate refund claim is required only where no output tax liability is available for adjustment. Where no invoice was issued, a refund voucher must be issued and GST may be claimed through FORM GST RFD-01. Invoiced goods returned by recipients are similarly addressed through credit notes. COVID-19 compliance relief extended the deadline for furnishing the Letter of Undertaking, filing GSTR-7 and depositing deducted tax, and filing eligible refund applications to 30 June 2020.

News and Press Release
Dated:- 27-8-2026
Semiconductor and artificial-intelligence cooperation centres on a six-pillar semiconductor strategy encompassing chip design, semiconductor machinery and materials, fabrication, ATMP/OSAT, research and development, and talent development. Japanese participation is sought across semiconductor materials and equipment, power semiconductors, electronics, AI, logistics and related advanced technologies. Development of semiconductor clusters is linked to reliable power, ultra-pure water, skilled manpower and social infrastructure.

FEMA & RBI
Dated:- 27-8-2026
PMJDY provides unbanked adults with basic bank accounts without minimum-balance or maintenance-charge requirements, free RuPay debit cards with accident insurance cover, and eligible overdraft support. Through the JAM framework, PMJDY accounts enable direct transfer of welfare benefits using bank accounts, Aadhaar-based biometric verification and mobile connectivity, reducing intermediary involvement and delays. The scheme emphasises rural, semi-urban, marginalised and women account holders while supporting access to insurance, pensions, savings, digital payments and credit, including MUDRA loans.

Circular No. Order No. 2993 Dated:- 29-9-2020 Bihar SGST Dated:- 29-9-2020 Bihar SGST
GST-TDS applies to payments to contractors, suppliers and vendors from 1 October 2018. Deductors must withhold tax at payment, release only the net amount, generate a GST Portal challan, and deposit the deducted amount through prescribed banking modes rather than book transfer. Drawing and disbursing officers must register for GSTIN, maintain separate GST-TDS accounts, file returns by the tenth day of the following month, and issue TDS certificates. The deposited amount is credited through the GST system to the deductor's electronic cash ledger.

2019 (2) TMI 2155
Case Laws Income Tax
Revised return disclosure shields survey income from concealment penalty absent inaccurate or undisclosed particulars in the accepted return.
Penalty for concealment or inaccurate particulars is not leviable on additional income disclosed in a valid revised return accepted in assessment, unless the return itself contains false, inaccurate or undisclosed particulars. Survey proceedings alone do not establish concealment for this purpose. Failure to strike off an inapplicable limb in a penalty notice does not invalidate proceedings where the assessment and penalty orders clearly identify concealment as the charge. Satisfaction for initiating penalty need not follow a prescribed form; a recorded concealment charge and the statutory deeming effect of the assessment-order direction suffice.

Circular No. Bikri-kar/Vividh-28/2018/1771 Dated:- 23-9-2020 Bihar SGST Dated:- 23-9-2020 Bihar SGST
For GSTR-3B returns for February, March and April 2020, original due dates remained unchanged, but eligible taxpayers received nil or reduced interest and waiver of late fee if returns were filed within stipulated timelines. Non-compliance with those timelines attracted interest at 18% from the original due date, regular late fee and potential penalty. Late fee relief applied to specified GSTR-1 filings, while the rule 36(4) input tax credit restriction was applied cumulatively through the September 2020 return. Specified returns, tax collection statements, e-way bills and other compliance actions also received extended timelines.

2022 (12) TMI 1612
Case Laws Income Tax
Revised-return disclosure after survey defeats concealment penalty where scrutiny assessment accepts the additional income without variation.
Penalty for concealment of income or furnishing inaccurate particulars under Section 271(1)(c) is not sustained merely because additional income was disclosed after a survey. Where the revised return fully includes that income and scrutiny assessment accepts the returned income without addition or variation, complete disclosure does not establish concealment or inaccurate particulars. On materially identical facts, the penalty was considered unjustified and deleted.

2019 (10) TMI 1637
Case Laws Income Tax
Electricity transmission charges do not require technical-services withholding, while exempt-income expenditure disallowance requires fresh factual verification.
Electricity transmission charges were treated as not subject to tax deduction at source as fees for technical services, so disallowance for non-deduction of tax could not be made on that basis. The deletion of the related disallowance remained intact because earlier years' treatment disclosed no distinguishing facts. Expenditure disallowance linked to exempt income required fresh factual verification because the earlier basis for deletion had been remitted for reconsideration. The Assessing Officer must examine whether exempt income was earned and, if so, the applicability and quantification of the disallowance.

Income Tax
Dated:- 27-8-2026
PTI
Rassense Pvt Ltd reports crossing a workforce of more than 5,000 employees and projects revenue exceeding INR 600 crore. Its contract food services operations serve educational institutions, corporate campuses, healthcare facilities and industrial locations. New operations at IIM Jammu, IIM Bangalore and IIT Guwahati strengthen its nationwide institutional presence. Expansion is supported by academic institution partnerships, local workforce development, operational excellence, and technology-led capabilities in food production, food waste reduction and supply-chain management.

2024 (8) TMI 1760
Case Laws Income Tax
Transfer-pricing comparability and AMP expenditure follow earlier binding precedent, resolving both issues against Revenue in the taxpayer's favour.
Advertisement, marketing and promotion expenditure and transfer-pricing comparability were governed by an earlier binding decision that was adverse to the Revenue. The advertisement, marketing and promotion issue was resolved in favour of the assessee. The earlier decision also supported exclusion of the identified company from the comparable set, resolving that transfer-pricing comparability issue in favour of the assessee. Both substantive issues therefore followed the prior binding determination against the Revenue.

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