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2026 (6) TMI 1513
Case Laws Income Tax
Specific under-reporting charge is mandatory; omission of the applicable statutory category invalidates the penalty notice and penalty order.
Penalty proceedings for under-reporting of income under section 270A require clear identification of the applicable clause in section 270A(2). Because that provision contains distinct statutory categories of under-reporting, notices issued under section 274 read with section 270A, subsequent show-cause notices, and the penalty order must specify the precise charge. Failure to identify the relevant clause leaves the charge indeterminate and invalidates the penalty notice and consequential penalty order, which are liable to be quashed.

2026 (6) TMI 1514
Case Laws Income Tax
Misreporting penalty for disallowed political-contribution deduction requires proof of a specified statutory misreporting category before enhancement applies.
Section 270A permits the enhanced 200% penalty for under-reported income only where misreporting is established within one of the exhaustive categories specified for that purpose. Disallowance of a deduction claimed for political contributions does not by itself establish misreporting. Where the assessment does not identify and prove the applicable statutory instance of misreporting, the enhanced penalty is unsustainable and must be deleted. Penal provisions require strict interpretation, preventing a higher penalty from being imposed merely because a deduction claim has been disallowed.

Depositories must file SFT-2517 for demat-account transactions half-yearly through the prescribed SFTP process, with a signed and verified control statement, to support pre-filling of capital gains information. Transaction summaries must cover user-initiated debits, identify corresponding credits using the FIFO method, and determine estimated sale consideration and acquisition cost using prescribed weighted-average or end-of-day values. Assets must be classified as short- or long-term under specified holding periods; market-linked debentures and specified mutual funds are always short-term. Depositories must provide reported information to account holders for AIS reconciliation, correct or delete inaccurate data, and maintain information-security and archival procedures. Non-compliant data files are rejected or flagged for correction.

Registrar and Share Transfer Agents registered under the SEBI Act must furnish half-yearly Statements of Financial Transactions for mutual fund transactions in the prescribed electronic format, with a signed and verified control statement. Reporting supports pre-filling of income-tax returns and requires account holders to receive reported transaction information for reconciliation with the Annual Information Statement. Transaction summaries must cover user-initiated debit transactions, apply FIFO to identify corresponding acquisitions and determine holding periods, and classify assets as short-term or long-term under the prescribed security classes. Estimated sale consideration, acquisition cost, grandfathered cost rules and indexation mus.....

Insolvency Professionals must conduct further enquiry where indicators suggest that CIRP or liquidation may be used for a fraudulent or malicious purpose unrelated to insolvency resolution or liquidation. Relevant indicators include a dominant recently assigned single creditor, connected corporate debtors entering CIRP with overlapping creditors, limited competitive bidding, unsupported disproportionate recoveries, links to fraud proceedings, and unjustified related-party loans or write-offs. Indicators are illustrative and not conclusive; they require holistic, contextual assessment based on records available in the ordinary course. Where reasonable grounds support suspected misuse, the IP must apply to the Adjudicating Authority, identifying the indicators, supporting material, and reasons for seeking directions.

Physical verification of an applicant's place of business is compulsory before registration is granted under the DGST Act, 2017. Proper Officers must complete verification within seven days of receiving the registration application, to avoid delay in processing. The direction follows findings that numerous registered persons were non-existent, including some registered through Aadhaar-based registration, raising concerns of registrations obtained for tax evasion. Under Rule 25, where physical verification is required, the verification report, supporting documents and photographs must be uploaded in Form GST REG-30 on the common portal within 15 working days after verification. Non-compliance will be treated seriously.

Customs, DGFT & SEZ
Dated:- 14-9-2026
India's prohibition on direct or indirect import or transit of goods originating in or exported from Pakistan applies to goods routed through third countries. DRI seized dry dates declared as UAE-origin after preliminary investigation indicated shipment from Karachi to Jebel Ali, transfer into different containers, and onward movement to India. Enforcement under Operation Deep Manifest targets evasion through misdeclaration of origin, transshipment and manipulation of import documentation.

Notification No. 119/2026 Dated:- 14-9-2026 Income-Tax Act, 2025
Scientific research approval is granted to the Indian Institute of Technology, Roorkee for eligible donations, applying for tax years 2026-2027 through 2030-2031. The approval remains subject to prescribed compliance conditions. For every tax year in which donations are received, the institution must prepare and deliver Form No. 15 by 31 May immediately following that tax year. It must also furnish each donor a Form No. 16 certificate specifying the donation amount.

Circular No. Public Notice No. 28/2024 / (Port) Dated:- 24-12-2024 Trade Notice Dated:- 24-12-2024 T...
Century Ports Limited is appointed as Custodian and Customs Cargo Service Provider for Phase I of the Khidderpore Docks-1 (West) terminal. It may receive imported goods until their delivery to container freight stations, clearance for home consumption, or transhipment, and holds export cargo until exportation. The appointment is subject to compliance with the Customs Act and cargo-handling regulations, execution of prescribed security, insurance and indemnity obligations, and prior operational permission after Customs is satisfied that all requirements are fulfilled.

Notification No. 5/2022 - State Tax (Rate) Dated:- 13-7-2022 Arunachal Pradesh SGST
The goods transport agency entry excludes suppliers registered under the CGST Act who opt for forward-charge taxation, issue tax invoices at applicable rates, and make the prescribed Annexure III declaration. Renting a residential dwelling to a registered person is inserted as a reverse-charge taxable category, with any person as supplier and the registered person as recipient. Annexure III records the GTA supplier's registration and forward-charge option for the relevant financial year.

2026 (8) TMI 75 - PUNJAB AND HARYANA HIGH COURT HC
GST service through the Common Portal is an express statutory mode, but portal availability must be distinguished from effective service of an adjudicatory communication. Rule 142 preserves the distinction between a substantive show cause notice or order and its electronic summary in FORM GST DRC-01 or DRC-07. Electronic summaries do not, without more, demonstrate communication of complete allegations, grounds, facts and reasons. Portal-based service must be assessed by statutory compliance, accessibility of the complete communication, and the taxpayer's real opportunity to respond, particularly where appellate limitation is involved.

Notification No. 2/2022 - State Tax (Rate) Dated:- 31-3-2022 Arunachal Pradesh SGST
Intra-State supplies of specified fly ash bricks, fly ash blocks, fossil-meal bricks, building bricks, and earthen or roofing tiles are taxable at a concessional State tax rate of 3 per cent. Eligibility requires non-availment of input tax credit on inputs and input services used exclusively for these supplies. Where such inputs or services are used partly for these goods and partly for other credit-eligible supplies, input tax credit must be reversed by treating the specified goods as exempt supplies under the applicable credit reversal framework.

2023 (8) TMI 1737
Case Laws Income Tax
Software service comparability excludes product-led and diversified companies lacking reliable segmental data, protecting routine captive service provider margins.
Transfer-pricing comparability for routine software development services requires exclusion of companies engaged in software products, diversified IT and BPO operations, intellectual-property-led activities, or research and development where reliable segmental data is unavailable. Captive cost-plus service providers funded by associated enterprises generally do not warrant negative working-capital adjustments. For Section 10AA deductions, SOFTEX certification is a post-facto regulatory procedure, while export receipts and formation conditions require verification; expenses excluded from export turnover must also be excluded from total turnover. Reversed expense provisions and short tax-deduction disallowances require verification of payments, tax treatment and revenue impact. Lease extension charges require evidence of accrual, invocation and quantification in the relevant year.

2016 (2) TMI 1410
Case Laws Income Tax
Capital-gains holding periods can run from flat allotment, while transfer costs and reinvestment claims require evidence.
Capital-gains holding periods for a specifically allotted flat may run from the allotment date where enforceable rights in the identified property accrue then, rather than from later possession or conveyance. Builder NOC or transfer charges supported by receipts and required under the sale agreement qualify as transfer expenses under Section 48 and should not be restricted arbitrarily. Residual brokerage claims require verification of the broker's particulars and supporting evidence before disallowance. Section 54 relief depends on verifying the payment date and the full eligible investment in the new asset; the deduction is not necessarily limited to the amount claimed in the return.

Notification No. 37/2021 State Tax Dated:- 1-12-2021 Arunachal Pradesh SGST
The amendment extends the record-retention period under rule 137 from four years to five years with effect from 30 November 2021. FORM GST DRC-03 is revised to cover tax intimation through FORM GST DRC-01A, scrutiny, inspection, and specified return mismatches. Its payment-entry table is replaced to require particulars of tax period, applicable Act, place of supply, tax or cess, interest, penalty, fee, total amount, ledger utilised, and debit-entry details.

Circular No. PUBLIC NOTICE No . 68/2018 Dated:- 13-7-2018 Trade Notice Dated:- 13-7-2018 Trade Notic...
Direct Port Delivery of imports is extended to listed importers and applies automatically to Authorised Economic Operators, 100% Export Oriented Units, Special Economic Zone units, Nepal-Bhutan import-transit consignments, and consignments bound for Inland Container Depots. These eligible categories need not apply separately. Other importers may apply under the existing DPD application procedure. Listed importers are advised to seek Authorised Economic Operator status for assured facilitation and associated benefits.

Circular No. F.IV/Misc/HR/GST/27/2015-16/Part file/5738-5744 Dated:- 27-6-2019 Delhi SGST Dated:- 27...
Functions under Section 70 of the Delhi Goods and Services Tax Act, 2017 are assigned, under the Commissioner's statutory power to allocate functions, to proper officers of the Department of Trade and Taxes. The assignment covers Special Commissioners, Additional Commissioners, Joint Commissioners, Assistant Commissioners and Goods and Services Tax Officers for performance of those functions.

Circular No. PUBLIC NOTICE No. 4/2018 Dated:- 12-1-2018 Trade Notice Dated:- 12-1-2018 Trade Notice
Direct Port Delivery permits eligible importers to take imported Full Container Load containers directly from port terminals where Bills of Entry are RMS-facilitated and no examination is required. Importers must file Bills of Entry, obtain delivery orders, pay duty in advance and evacuate containers within 48 hours of landing. Delayed, damaged, tampered, non-RMS or examination-required containers must be moved to a CFS for normal clearance. Shipping lines, port terminals, CFS operators and transporters must follow prescribed manifesting, advance-intimation, registration, yard-management and cargo-handling requirements.

Circular No. 30/2026-2027 Dated:- 14-9-2026 Public Notice Dated:- 14-9-2026 Public Notice
Timeline for surrender of unutilised tariff-rate quota (TRQ) quantities allocated for import of 10 lakh MT of raw sugar is extended until 30 September 2026. TRQ holders may surrender unutilised allocated quantities subject to payment of an amount equal to 0.5% of the CIF value of the quantity surrendered, in accordance with existing modalities. All other conditions governing the raw-sugar TRQ allocation and surrender process remain unchanged.

Circular No. Trade Notice No. 27/2026-27 Dated:- 14-9-2026 Trade Notice Dated:- 14-9-2026 Trade Noti...
Proposed non-preferential rules of origin require export goods to be manufactured by the exporter and, where imported inputs are used, to undergo processing beyond specified minimal operations. Export certificates of origin evidence origin without preferential tariff entitlement and may be issued electronically by authorised agencies; eligible Status Holder manufacturer exporters may self-certify. Import origin is determined through wholly obtained criteria for specified agricultural goods and, for other goods, tariff-heading change or prescribed value addition. Importers must self-declare origin, with clearance generally based on that declaration and limited risk-based verification.

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