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Depositor-protection proceedings under the Tamil Nadu Protection of Interests of Depositors Act continue notwithstanding corporate insolvency proceedings because the special depositor-protection regime prevails over the Insolvency and Bankruptcy Code for protecting depositors and prosecuting connected offences. The Economic Offences Wing may therefore proceed under that Act. The Liquidator, as successor to the company's management, must pursue recovery of chit receivables through remedies under the Chit Funds Act or other permissible law. To enable recovery, the Economic Offences Wing must provide complete copies of seized company materials, while retaining authority to act if recovered sums are proceeds of crime or belong to the accused company or its directors.

Real estate allottees seeking financial creditor status must establish a subsisting financial debt owed by the corporate debtor. Invoking arbitration for refund, accepting and presenting refund cheques, and pursuing remedies for dishonour constitute an election to seek refund rather than continue with allotment. Such conduct precludes simultaneous reliance on continuing allottee status and the deemed commercial effect of borrowing. The Supreme Court ruling concerning an existing allottee with a RERA decree was distinguished because the allottees had themselves pursued refund remedies. Recognition as financial creditors was therefore unavailable, and dismissal of the company appeals followed.

PMLA proceedings require a subsisting scheduled offence and proceeds of crime derived from criminal activity relating to that offence. Where the predicate FIR ended through acceptance of a cancellation report and dismissal of the protest petition, continuation of the ECIR and coercive measures based solely on that FIR lacked jurisdiction, subject to possible revival if the predicate investigation is revived. Pre-prosecution PMLA search, seizure, freezing and attachment actions remain in the civil or executive stream and may be challenged through civil writ jurisdiction. The Adjudicating Authority's remedies address consequential measures, not the foundational validity of an ECIR. An addendum cannot revive an ECIR that has lost its predicate basis, particularly where it relies on materially distinct allegations and may constitute a colourable exercise of power.

Anticipatory bail in a money-laundering investigation may be refused where prima facie material indicates serious allegations and the accused has not cooperated with the investigation. The High Court considered alleged control of illegal call-centre operations, layering of proceeds through shell entities and hawala channels, unexplained bank credits, failure to join the investigation, an incomplete statement, and unanswered financial-trail queries. It clarified that custodial interrogation need not be indispensable for refusing anticipatory bail; the gravity of the allegations and prima facie material can independently weigh against discretionary protection. Anticipatory bail was declined without addressing the merits of the investigation.

Money-laundering liability requires prima facie material showing knowing participation, control, possession, projection or enjoyment of proceeds of crime. Mere facilitation, intermediary coordination or professional association does not establish culpability without evidence of intent and direct involvement. Uncorroborated statements of co-accused recorded under the PMLA, unsupported by independent documentary, electronic or other evidence, cannot alone sustain proceedings. Where no material shows execution of transactions, operation of accounts, participation in the predicate offence, benefit from alleged proceeds, or a prior meeting of minds, continuation of prosecution is oppressive and an abuse of process. Proceedings against the Chartered Accountant and intermediary were quashed.

Overseas university admission-facilitation services supplied to foreign universities do not constitute intermediary services merely because the provider is described as an agent and receives commission. Intermediary status requires three parties and two distinct supplies: a main supply and a separate ancillary facilitation supply. Where the provider supplies the principal service on its own account, without a tripartite arrangement or multiple supplies, the service qualifies as export of services. For the small service provider exemption, exported-service value is excluded from the aggregate-value threshold; consequently, commission from domestic educational institutions within the prescribed limit is not subject to service tax.

Foreign satellite transponder bandwidth services, involving communication between earth points through satellite relays, fall within telecommunication service rather than Business Support Service. A corrected Board clarification recognised that services intrinsically constituting telecommunication cannot be reclassified as Business Support Service merely because the foreign provider is not a telegraph authority. As foreign satellite service providers were not telegraph authorities, the telecommunication service lay outside the relevant taxable category. The contrary view in an earlier Tribunal decision was inapplicable because it addressed limitation without examining taxability. The Tribunal sustained the dropping of service tax demands and dismissed Revenue's appeal.

Merchant discount rate in credit-card transactions is a composite charge comprising the acquiring bank fee, issuing bank interchange fee and platform fee. Where service tax has been paid on the entire merchant discount rate, subsequent allocation of the interchange fee to the issuing bank does not create a separately taxable service. A further levy on that retained interchange fee would amount to double taxation, particularly where there is no revenue loss. Service-tax demands on interchange fee, along with consequential interest and penalties, were therefore unsustainable and set aside.

Cheating by dishonest inducement requires a fraudulent or dishonest false representation intended to deceive, followed by the complainant acting on it through delivery of property or the requisite harm. Criminal conspiracy requires proof beyond reasonable doubt of an agreement or prior meeting of minds to commit an illegal act or a lawful act by illegal means; suspicion, association, or relationship is insufficient. Where directors are accused of corporate misconduct, cogent evidence must distinguish their individual dishonest acts, participation, or benefit from the roles of directors who were not prosecuted. Unsupported allegations of collateral security or mortgage creation do not establish dishonest inducement or conspiracy.

Customs & Trade
Dated:- 20-8-2026
PTI
Customs officers intercepted an arriving passenger at the green channel on intelligence inputs and examined baggage after X-ray screening indicated suspicious images. The examination recovered two oval capsules containing gold paste concealed in the baggage. Interrogation indicated that an alleged receiver was waiting outside the airport to collect the suspected smuggled gold. Customs officers apprehended the alleged receiver, and further investigation remains underway.

Customs & Trade
Dated:- 20-8-2026
PTI
Provincial control over alcohol distribution remains distinct from federal trade-making authority. Quebec retains authority over whether United States alcohol is offered through its government-controlled liquor distribution system, despite lacking a veto over a bilateral trade agreement. Federal requests to restore United States alcohol to retail shelves cannot compel provincial action. Proposed trade commitments also concern restrictions on United States agricultural products and Canada's dairy import regime, which applies lower tariffs within designated import volumes and higher duties beyond those volumes.

Corp. Laws / SEBI / IBC
Dated:- 20-8-2026
PTI
Electoral-roll special intensive revision recorded no reported cases of Pakistani, Bangladeshi or Iranian nationals obtaining Aadhaar cards, ration cards, other government benefits, or voter registration. Illegal immigrants are identified through police monitoring, intelligence measures, specialised operations and a Special Task Force. Overstayers are recorded through the District Police Module and Foreigners Identification Portal and produced before Foreigners Regional Registration Officer authorities. Persons found to be residing illegally are reported to the concerned central divisions, proceeded against through registered cases, retained pending case disposal and exit permits, and subjected to deportation steps.

Customs & Trade
Dated:- 20-8-2026
PTI
Raw sugar imports are permitted duty-free under a tariff rate quota until 31 October 2026, with online allocation to eligible millers and refiners having functional refining capacity. Applicants must provide a refining-capacity declaration and supporting Consent to Operate; preference applies to importers undertaking timely completion of imports, while non-utilisation or failure to surrender allocations constitutes non-compliance. Bulk sugar consumers meeting the prescribed consumption threshold are subject to a stock cap of 15 days' consumption from 1 September to 30 November 2026.

Customs & Trade
Dated:- 20-8-2026
PTI
Duty-free import of 10 lakh metric tonnes of raw sugar is permitted under a tariff rate quota until 31 October 2026. The import-policy measure seeks to increase domestic raw-sugar availability and restrain rising local prices amid reduced opening stocks. Price-containment measures also include a stockholding limit for bulk consumers using more than 10 tonnes of sugar monthly, restricting holdings to 15 days' consumption.

2025 (3) TMI 2308
Case Laws Income Tax
Unexplained-income additions fail where reconciliations are unrebutted or duplicate taxed income, but unsupported cash-ledger credits remain taxable.
Derivative-trading ledger credits were assessable only to the established profit element, not on a peak-credit basis. Reconciled STCSH metal, cash and premium entries, foreign-account KYC declarations, cheque transactions, RAK Bank remittances, dairy-farm receipts, excess bullion stock and advance notings lacked evidence of unaccounted income or would have caused double taxation; the related additions were deleted. Interest expenditure remained allowable because diversion of borrowed funds for non-business purposes was not proved. Notional rental income and premature unit-linked insurance policy surrender proceeds remained taxable. Unexplained non-settlement credits in the Standard Bank cash ledger remained taxable under Section 69A because their source and claimed third-party ownership were unsupported.

2025 (4) TMI 1874
Case Laws Income Tax
Shareholding-based income additions fail without reliable evidence, while registered ownership and consistency govern dividend and interest claims.
Unexplained income from share sales cannot rest on aggregate opening-and-closing holding differences without scrip-wise valuation, reliable computation, independent enquiry, or supporting evidence; the addition is deleted. Dividend income is taxable only where the assessee is the registered shareholder and the income is actually receivable; departmental holding data, public dividend declarations, and another person's dividend ratio cannot support an estimate, so the addition is deleted. Consistency requires allowance of interest on borrowed funds where identical claims succeeded in prior years and no distinguishing facts arise. Assessed income must be recomputed accordingly.

2025 (4) TMI 1875
Case Laws Income Tax
Form 26A tax certification protects corresponding interest expenditure from disallowance when no finding establishes the certificate as false.
Interest expenditure covered by a valid Form 26A could not be disallowed under section 40(a)(ia) where the payee certified payment of tax on that interest income. The certification established tax payment on a substantial part of the interest, and a difference between the certified amount and the total interest debited did not justify rejecting the certificate absent any finding that it was false or incorrect. Accordingly, the disallowance was deleted to the extent supported by Form 26A.

2025 (4) TMI 1876
Case Laws Income Tax
Explained cash deposits during demonetisation: recorded customer advances and debtor recoveries supported deposits, preventing treatment as unexplained money.
Cash deposits made during demonetisation were explained by customer advances recorded in the books and cash recoveries from existing debtors relating to previously reported sales. Accepted customer advances constituted an available cash source, while debtor recoveries represented realisation of disclosed sales. Sufficient cash balances recorded in the cash book supported the deposits. On these facts, the deposits were not treated as unexplained money, and the additions were deleted.

2025 (4) TMI 1877
Case Laws Income Tax
Cash repayment of earlier advances is not acceptance of loans or deposits and cannot trigger the related penalty.
Cash receipt of advances previously paid by the assessee constitutes repayment of advances, not acceptance of loans or deposits. The statutory scheme separately governs prohibited cash acceptance and prohibited cash repayment of loans, deposits or specified advances. Where the assessment record treated the receipt as cash repayment of earlier advances and that factual position remained uncontroverted, the receipt could not attract the penalty provision for accepting loans or deposits in cash. The penalty rested on an incorrect factual characterisation and was therefore unsustainable and deleted.

2025 (4) TMI 1878
Case Laws Income Tax
Prior-period income relief prevents double taxation when recomputing book profit under Section 115JB after appellate adjustment.
Prior-period income must receive corresponding relief in computing book profit under Section 115JB where an adjustment made while implementing an appellate order produces double taxation. Since the related prior-period expenditure issue for the same assessment year required fresh verification, the computation must be recomputed consistently with the applicable judicial position. Relief for the prior-period income is therefore allowable in the book-profit calculation.

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