Loading...

Top
Help
×

By creating an account you can:

Logo TaxTMI
Call Us / Help / Feedback

Contact Us At :

E-mail: [email protected]

Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters 0/2000
Make Most of Text Search
  1. Checkout this video tutorial: How to search effectively on TaxTMI.
  2. Put words in double quotes for exact word search, eg: "income tax"
  3. Avoid noise words such as : 'and, of, the, a'
  4. Sort by Relevance to get the most relevant document.
  5. Press Enter to add multiple terms/multiple phrases, and then click on Search to Search.
  6. Text Search
  7. The system will try to fetch results that contains ALL your words.
  8. Once you add keywords, you'll see a new 'Search In' filter that makes your results even more precise.
  9. Text Search
Add to...
You have not created any category. Kindly create one to bookmark this item!
Create New Category
Hide
Title :
Description :
❮❮ Hide
Default View
Expand ❯❯
Close ✕
Filter Across TMI
TEXT SEARCH:

Press 'Enter' to add multiple search terms. Rules for Better Search

Search In:
Main Text + AI Text
  • Main Text
  • Main Text + AI Text
  • AI Text
Law:
---- All Laws----
  • ---- All Laws----
  • Income Tax
  • Direct Taxes
  • DTAA
  • Benami Property
  • GST
  • GST - States
  • Customs
  • DGFT
  • SION
  • SEZ
  • FEMA
  • Companies Law
  • SEBI
  • IBC
  • Law of Competition
  • LLP
  • Partnership Firms
  • Trust and Society
  • Money Laundering
  • Labour laws
  • Bharatiya Nyaya
  • Indian Laws
  • F. Acts / Amendment Acts
  • Bills
  • Wealth-tax
  • Service Tax
  • Cenvat Credit
  • Central Excise
  • Central Sales Tax
  • VAT - Delhi
Category:
---- All Categories ----
  • ---- All Categories ----
  • Case Laws
  • Acts / Rules
  • Notifications
  • Circulars
  • Forms - Annexure
  • Tariff / Classification
  • Duty Drawback
  • Schedules / SION
  • Discussion Forum
  • Highlights
  • Articles
  • Manuals / Reckoners
  • News / Feed
  • Short Notes
  • TMI Info
From Date:
To Date:
Sort By: ?
In Sort By 'Default', exact matches for text search are shown at the top, followed by the remaining results in their regular order.
Relevance Default Date
❯❯
Maximize Maximize Maximize
0 / 200
Expand Note
Add to Folder

No Folders have been created

+

Are you sure you want to delete "My most important" ?

NOTE:

Search Across Website
Showing Results for :
Reset Filters
Results Found:
Show All Summaries Hide All Summaries
2026 (8) TMI 426
Case Laws IBC
Insolvency jurisdiction covers directions requiring suspended directors to assist in identifying and recovering leased corporate debtor assets.
Section 60(5) of the Insolvency and Bankruptcy Code confers broad jurisdiction over questions connected with an insolvency resolution process. Recovery of electric vehicles owned by one corporate debtor and leased to another directly concerned preservation and control of the owner's assets. Suspended directors of the lessee corporate debtor had acknowledged responsibility to provide available information and assistance regarding those vehicles. A direction requiring their cooperation to identify and recover the leased assets was therefore stated to fall within the Adjudicating Authority's jurisdiction.

2026 (8) TMI 427
Case Laws Companies Law
Unpaid security-service claims may be submitted for consideration through the ongoing corporate insolvency resolution process.
An unpaid security-service claim may be submitted in the company's ongoing Corporate Insolvency Resolution Process before the NCLT. The service provider may join the insolvency proceedings and place its claim for unpaid security-service charges before that forum for consideration.

2026 (8) TMI 428
Case Laws Customs
Vegetable extract classification applies where inert carriers and solvent removal do not create a medicament or purified medicinal mixture.
Pelargonium sidoides root extract with Maltodextrin is classifiable as an other vegetable extract under Customs Tariff Item 1302 19 19 where processing consists of hydro-ethanolic extraction, filtration and solvent removal without purification or high-refinement processes. Maltodextrin functions as an inert carrier and does not create a medicinal mixture, while bulk import and intended downstream pharmaceutical use do not determine classification. The product consequently falls within the relevant exemption entry under Serial No. 37 of Notification No. 45/2025-Customs, subject to fulfilment of notification conditions and assessment-stage verification. The earlier classification premise of concentration was corrected as unsupported by the factual record.

2026 (8) TMI 429
Case Laws Customs
Country-of-origin misdeclaration requires authenticated and corroborated evidence; unsupported intelligence failed, while uncertified seized goods remained confiscable.
Unauthenticated foreign customs intelligence and electronic printouts, without verification of origin certificates or independent corroboration, cannot establish misdeclaration of imported goods' country of origin; origin-based confiscation and related demands were therefore set aside. Goods already examined and cleared for home consumption could not later be confiscated for alleged phytosanitary non-compliance, while seized consignments lacking mandatory phytosanitary certificates remained confiscable, subject to a redemption option and production of the required certificate. Penalties under Section 112 of the Customs Act could not be imposed because the show cause notices had not proposed them, and those penalties were set aside.

2026 (8) TMI 430
Case Laws Customs
Transferable DFIA licences protect bona fide importers where exporter fraud remains unproven and licences remain uncancelled.
Duty demand against an importer using transferable DFIA licences cannot rest solely on alleged fraudulent procurement by the exporter where those allegations remain unestablished and the licences have not been cancelled. A bona fide purchaser of transferable licences cannot be treated as involved in a fraudulent import method merely because of alleged irregularities in the exporter's licence procurement. As no sustainable charge existed on the merits, invoking the extended limitation period was also unjustified. The demand was therefore unsustainable on both merits and limitation.

2026 (8) TMI 431
Case Laws Customs
Capital goods exemption covers manufacturing modernisation accessories; the restriction on previously imported capital-goods parts does not apply.
Plant-related items, including parts, spares and accessories used for manufacturing-facility modernisation and expansion, fall within the broad definition of capital goods under Notification No. 104/2009-Cus. where they have the required manufacturing nexus. The notification covers plant, machinery, equipment and accessories required directly or indirectly for manufacture, including replacement, modernisation, technological upgradation and expansion. The restriction on components, spares and parts applies only where they relate to capital goods imported earlier; it does not limit imports of capital goods, including accessories, not previously imported. Accordingly, the described imports qualify for the exemption and the duty demand, interest and penalty are unsustainable.

2026 (8) TMI 432
Case Laws Customs
Customs transaction value requires importer-specific undervaluation evidence; third-party material and improper residual valuation cannot sustain enhancement.
Declared customs transaction values cannot be rejected on third-party investigation material, indicative market data or suspicion without cogent importer-specific evidence of undervaluation. The Revenue must establish a business nexus, parallel invoices, extra consideration, clandestine remittance or comparable incriminating circumstances; similarities with other importers' prices are insufficient. Transaction value remains the primary basis, and enhanced valuation requires a reliable foundation and proper sequential consideration of valuation methods before using the residual method. Contemporaneous imports and the reliability and comparability of price-publication data must be addressed. Operative comparable Tribunal rulings and final appellate assessments concerning the same imports reinforce the requirement of judicial discipline and support rejection of unsustainable valuation enhancements and consequential liabilities.

2026 (8) TMI 433
Case Laws Customs
Contemporaneous representative testing prevails where an unexplained delayed re-test cannot reliably displace export quality evidence.
Export duty exemption for iron ore fines depended on Fe content being below the applicable threshold. Contemporaneous CRCL, Visakhapatnam testing of Customs-drawn representative samples showed Fe content below 58%, corroborated by load-port and discharge-port reports, contractual quality adjustments, and realised export proceeds. A re-test requires objective and legally sustainable grounds and cannot arbitrarily displace reliable contemporaneous evidence. The later CRCL, New Delhi re-test, reported over a year after export, was unreliable because prolonged storage and moisture loss could affect dry-basis Fe determination, and no scientific or procedural defect in the earlier evidence was established. The belated re-test could not support denial of exemption or levy of export duty and cess.

2026 (8) TMI 434
Case Laws Customs
Transaction value protection invalidates uniform loading, unsupported undervaluation demands, extended limitation, and retention of seized funds.
Declared transaction value cannot be rejected on suspicion, unverified third-party import data, uncorroborated statements, or electronic records lacking the required statutory certification and proof of integrity. Uniform loading is unsustainable where the alleged comparable imports are not shown to match the goods in grade, quality, quantity, commercial level, or time. Extended limitation for customs duty recovery requires evidence of fraud, collusion, wilful misstatement, or deliberate suppression with intent to evade duty; prior disclosure and assessment of import details defeat that basis. Where the duty demand fails and no link to a customs offence is established, seized currency and investigation deposits must be released or refunded with applicable interest.

2026 (8) TMI 435
Case Laws Customs
Statutory customs adjudication takes priority as gold seizure challenges await a reasoned decision after fair hearing.
Challenges to seizure of gold and pending customs show-cause proceedings were left for statutory adjudication rather than determined in writ jurisdiction. The Additional Commissioner of Customs was identified as the available forum to determine the parties' competing claims. No view was expressed on the legality of the seizure, the show-cause notice, or the merits. Petitioners were directed to place further material before the customs authority and participate in proceedings, which must conclude by a reasoned order after a fair hearing. The writ petitions were kept pending and adjourned sine die until adjudication is completed.

2026 (8) TMI 436
Case Laws Customs
Provisional release representations require notice, hearing and a reasoned customs decision while seizure merits remain open.
Pending representations for provisional release of seized imported goods and currency must be considered by the proper customs officer in accordance with law. The claimant may supplement the representations and is entitled to prior notice and an opportunity of hearing. The officer must issue a reasoned decision within three weeks. The merits of the seizure, the provisional release claim, and the challenge to the subsequent seizure memorandum remain open.

2026 (8) TMI 437
Case Laws Customs
Advance ruling invalidation: interim stay refused because it would revive a ruling voided following findings of material misrepresentation.
Interim stay of an order declaring an earlier advance ruling void ab initio was refused because a stay would revive that ruling despite the impugned finding of misrepresentation of material facts. The scope of the power to invalidate an advance ruling, the alleged misrepresentation, and procedural fairness were identified as issues requiring detailed examination at final hearing. The appeal was admitted for final adjudication, but interim relief was denied.

2026 (8) TMI 438
Case Laws Benami Property
Provisional attachment requires evidence of alienation risk; prior Income Tax Department custody made attachment unsustainable.
Provisional attachment under the Prohibition of Benami Property Transactions Act requires the Initiating Officer to form an opinion, supported by a factual basis, that the person in possession may alienate the property during the notice period. Cash and gold already seized and attached by the Income Tax Department remained outside the appellants' control, with no established risk of alienation. The possibility of a future tax adjustment or release did not satisfy this statutory condition. Provisional attachment and its confirmation were therefore unsustainable, without preventing fresh action if a risk of alienation arose after release.

2026 (8) TMI 439
Case Laws Benami Property
Benami ownership requires proof of consideration and beneficial ownership, with cross-examination required for retracted foundational statements.
Benami ownership requires affirmative proof that another person provided consideration and that the property is held for that person's benefit; corporate ownership and recorded funds are not conclusive, and the burden remains on the Initiating Officer. Acceptance of an investment as explained in income-tax assessment does not bar benami proceedings, but findings accepting the banking trail, loans and advances must be considered. A benami finding founded on a retracted third-party statement requires meaningful cross-examination and entity-specific examination of documented funding sources. Without these safeguards and independent evidence, the finding is vitiated and requires fresh fact-finding.

2026 (8) TMI 440
Case Laws Income Tax
Reassessment time limits invalidated the later section 148 notice, causing the reassessment for the relevant assessment year to fail.
A section 148 notice issued on 23 July 2022 for assessment year 2015-16 was described as invalid because notices issued on or after 1 April 2021 for that year fell outside the period permitted by the Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020. The reassessment had originated under the earlier regime, followed by proceedings under section 148A and a fresh notice. The text notes that the Revenue conceded the point and that cited decisions supported dropping such notices. Consequently, the notice was quashed and the reassessment could not survive.

2026 (8) TMI 441
Case Laws Income Tax
Faceless reassessment procedure is mandatory, invalidating reassessment initiated through a Jurisdictional Assessing Officer outside automated allocation.
Faceless reassessment schemes issued under section 151A require initiation of proceedings, including orders under section 148A(d) and notices under section 148, through automated allocation and the mandatory faceless mechanism under section 144B. A Jurisdictional Assessing Officer cannot initiate such proceedings outside that prescribed mode after the schemes commenced. Departure from the mandatory statutory procedure invalidates the initiation and deprives the consequential reassessment of valid jurisdiction. Accordingly, an order under section 148A(d) and notice under section 148 issued by a Jurisdictional Assessing Officer are illegal, and the resulting reassessment is liable to be quashed.

2026 (8) TMI 442
Case Laws Income Tax
Agricultural land classification requires verification of distance evidence before determining whether the property is a taxable capital asset.
Additional evidence on the land's distance and agricultural character is relevant to whether it falls within the definition of a capital asset under the Income-tax Act. The purchase deed and valuation report described the land as agricultural, while the distance certificate required verification. The material was admitted for limited verification, with the Assessing Officer required to determine the land's nature in accordance with law after giving the assessee an opportunity of hearing.

2026 (8) TMI 443
Case Laws Income Tax
Charitable trust business income remains exempt when incidental to educational objects and applied towards establishing a school.
Reassessment was invalid where the original scrutiny had examined and accepted the charitable trust's exemption claim, no new tangible material emerged, and the actual recorded reasons were not supplied. Reassessment was also unavailable while scrutiny of a revised return remained pending. Income from sales of books, notebooks and uniforms qualified for exemption under Section 11 where the activity was incidental to the trust's educational objects and the surplus was applied towards establishing a school, without diversion to non-charitable purposes. On materially identical facts, exemption remained available and the excess-income addition was deleted.

2026 (8) TMI 444
Case Laws Income Tax
Section 80JJAA deduction remains available when a bona fide delayed return is filed within the extended statutory filing period.
Deduction under Section 80JJAA may be allowed where the return, tax-audit report and Form 10DA are filed after the Section 139(1) due date but within the period permitted by Section 139(4). The timing requirement for claiming the Chapter VI-A deduction is treated as directory where the deduction claimed does not exceed the amount certified in Form 10DA. A bona fide delay caused by genuine hardship, including an extended annual general meeting deadline, does not support an adjustment under Section 143(1)(a).

2026 (8) TMI 445
Case Laws Income Tax
Percentage Completion Method excludes merely booked flats without enforceable agreements or required realisation, preventing premature and duplicate revenue taxation.
Revenue under the Percentage Completion Method should be recognised only where significant risks and rewards have transferred through legally enforceable sale agreements. Under Accounting Standard 9 and the Guidance Note on Accounting for Real Estate Transactions, mere booking, buyer identification, determination of area or consideration, or receipt of token advances is insufficient. The Guidance Note also requires realisation of at least 10% of the agreement value under legally enforceable documents at the reporting date. Flats with agreements executed later and flats failing that realisation condition should not be included; otherwise, revenue already offered in a subsequent year may be taxed twice.

TMI Search

Back

All TMI Search

Showing Results for :
Reset Filters
No Records Found

TMI Search

Back

All TMI Search

Showing Results for : Reset Filters

Topics

Acts Income Tax