TMI Short Notes

TMI Short Notes on various issues

1. Decoding the GST Forgery Case: Balancing Personal Liberty and Safeguarding Public Interest for Grant of Bail in Economic Offenses

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2. Equity and Justice in Tax Matters: Condonation of Bona Fide Delays

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3. Embracing Equity in Tax Laws: Recognizing Genuine Difficulties in Condonation of Delays in filing of ITR

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4. Recovery Proceedings Against Legal Heirs of Sole Proprietors: Invalidity of Demand Notices Issued Against Deceased Exporters

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5. Jurisdiction of DRI Officers: Supreme Court Upholds Section 97 of Finance Act 2022 validating Customs Notices

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6. Dissecting the Legality of IGST on Ocean Freight for FOB Imports: Refund of IGST

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7. Real Income Taxation: Avoiding Double Disallowance of Wages and Salaries Payable

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8. Jurisdictional Prerequisites for Initiating Reassessment u/s 148: Non-Depoist of TDS by the Employer

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9. Revisiting the Scope of "Record" u/s 263: Embracing Subsequent Records

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10. Interpreting "Record": Revisiting the Scope of Revision Powers u/s 264 and Rectification of Mistake u/s 154

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11. The Doctrine of Natural Justice in GST Proceedings: A Case Study on Show Cause Notice u/s 74"

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12. Input Tax Credit (ITC) and the Concept of "Plant" under GST: Supreme Court

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13. Inordinate Delay in Adjudication: High Court's Stance on Quashing Show Cause Notices

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14. Inordinate Delay in Adjudication: Upholding the Principles of Natural Justice

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15. Supreme Court Upholds Validity of Re-Assessment Notices Issued During COVID-19 Lockdown

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16. Unraveling the Mineral Rights Regime: The Supreme Court's Landmark Judgment

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17. Navigating the Faceless Assessment Regime: A Judicial Perspective

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18. Evidentiary Value of Statements Recorded During Income Tax Surveys: A Judicial Analysis

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19. Faceless Assessment: Ensuring Compliance with Statutory Provisions

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20. Faceless Assessment Mechanism: Jurisdictional Limits in Income Tax Proceedings

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21. Reassessment Notices for AY 2013-14: Upholding the Doctrine of Limitation

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22. Principles of Tax Fairness and Mens Rea: Quashes Penalty for Mere Technical Errors

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23. Decoding the Mandatory Timelines: A Thorough Examination of the Income Tax Assessment Order Nullification

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24. Expiry of E-Way Bill AND Mens Rea: Technical Violation Alone Insufficient for Penalty Imposition

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25. Maintainability of Appeals: High Court Upholds Strict Interpretation of Limitation Provisions in GST Act

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26. Stay of Tax Demand: Interpreting the Discretionary Power u/s 220(6) of the Income Tax Act

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27. Interpreting "Technical Services" under Tax Treaties: A Comprehensive Analysis

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28. Interpreting "Or": The Disjunctive Mandate for Personal Hearing in Tax Matters

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29. Navigating the Registration Process u/s 80G: Insights from the ITAT Ruling

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30. Ensuring Fair Proceedings: The Importance of Proper Notice Service in Income Tax Matters

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31. Demarcating Authority: High Court Clarifies Jurisdictional Limits of GST Officers

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32. Unraveling the Royalty Conundrum and DTAA: ITAT's Stance on Marketing and Reservation Fees

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33. Royalty or Not? Decoding the Taxability of Marketing and Reservation Contributions under India-USA DTAA

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34. Unraveling the Intricacies: Assessing a Political Party's Claim for Income Tax Exemption

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35. Bogus Capital Gains and Accommodation Entries: Unraveling the Penny Stock Scam and Tax Evasion

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36. Strict Interpretation of Exemption Provisions: Supreme Court's Ruling on Section 10B(8) of the Income Tax Act

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37. Disallowance u/s 14A: Prospective or Retrospective Effect of the Amendment?

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38. Navigating the Complexities of "Charitable Purpose" in Income Tax Exemptions

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39. Cooperative Banks vs. Primary Agricultural Credit Societies: Implications for Section 80P Deduction

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40. Exemption u/s 11: Condonation of Delay in Filing Form 10

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41. Interpreting Section 249(4)(b) of the Income Tax Act: When Non-Payment of Advance Tax Cannot Dismiss an Appeal

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42. Retrospective Amendments and the Doctrine of Vested Rights: A Judicial Perspective

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43. Upholding Equality: HC Strikes Down Discriminatory Circular on Charitable Trust Approvals

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44. Judicial Review of Income Tax Settlement Commission (ITSC) Orders: Navigating the Boundaries

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45. Assessee's Lackadaisical Conduct Leads to Dismissal of Income Tax Appeal

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46. Navigating the Faceless Appeal Scheme: Lessons from the Judgement on Delayed Filing and Deduction u/s 36(1)(va)

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47. Unraveling the Maze of Round-Tripping: The Doctrine of "Source of Source" in Share Capital Transactions

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48. Upholding the Transfer of Assessment Proceedings u/s 127: A Judicial Perspective

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49. Navigating the Taxation Labyrinth: The Supreme Court's Guidance on Transfer of Right to Use Goods

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50. Supreme Court Upholds Forfeiture of Earnest-Money Deposits under SARFAESI Rules

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