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Highlights / Annotations / Catch Notes For July of 2021
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Showing 1 to 50 of 418 Records
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July 31, 2021
S.Tax:
Rejection of refund claim of service tax - construction of Government buildings - refund arising as a result of restoration of exemption benefit of N/N/. 12/2012 and...
July 31, 2021
GST:
Validity of three adjudication orders made passed exparte - it has been brought to our notice that realizing the difficulties from the spread of pandemic COVID-19, the...
July 31, 2021
I.Tax:
Addition on account of peak cash deficit worked out by the revenue authorities - the assessee did not explain the difference between the cash found and seized at the...
July 31, 2021
I.Tax:
Validity of Draft assessment order passed u/s 143(3) read with Sections 144C - petitioner states that the impugned draft assessment order as been passed without issuance...
July 31, 2021
I.Tax:
Levy of penalty u/s 271(1)(c) - The Assessing Officer has to record satisfaction before initiating penalty proceedings and the penalty proceedings are subject to...
July 31, 2021
I.Tax:
Assessment u/s 143 r.w.s 153A - Period of limitation - Exclusion of certain period - The assessee had filed a writ petition in the Hon’ble Allahabad High Court against...
July 31, 2021
I.Tax:
Deduction u/s 80IC - existence of multiple “initial assessment years” - AO has simply misunderstood the amendment brought u/s. 80IC and further misunderstood “the...
July 31, 2021
I.Tax:
Accrual of Capital Gain - Surplus which arose on sale through the appellant, of the mortgaged plots of land by the mortgagee of the plots - CIT-A assessment long term...
July 31, 2021
I.Tax:
Disallowance of deduction u/s 80IAB - income derived from 'Operation and Maintenance Activities' of SEZ - activities of the assessee being a developer, include operation...
July 31, 2021
C.Ex.:
Cenvat credit - Bill of Entry in the name of the supplier of the raw material i.e. Principal - goods were received by the appellant as a job worker and used in the...
July 31, 2021
I.Tax:
LTCG - registered sale deed was executed by the legal heirs of the deceased - CIT(A) has not verified this fact but has merely gone by the presumption that the assessee...
July 31, 2021
I.Tax:
Penalty levied u/s. 271(1)(c) - capital gain on transfer of agricultural land - As equally true that on the date of sale the said distance was less than 8 KMS. We are of...
July 30, 2021
GST:
Levy of GST - Forward supply - rate of GST - Tertiary Treated Water - In the subject case, the water supplied by the applicant to mahagenco is obtained after the...
July 30, 2021
GST:
Seizure and detention of vehicle - considering the prime defence of the petitioner that he is not a registered dealer nor is he dealing in purchase and sale of vehicles...
July 30, 2021
I.Tax:
Validity of assessment order - Reference to dispute resolution panel u/s 144C -Failure to follow the procedure under Section 144C(1) would be a jurisdictional error and...
July 30, 2021
I.Tax:
Reopening of assessment u/s 147 - Principles of natural justice - this Court is of an opinion that the opportunity provided by the respondent to the petitioner was not...
July 30, 2021
I.Tax:
Validity of Reopening of assessment u/s 147 - Non-existing company - This Court is of the considered opinion that, in the present case, the proceedings were continued...
July 30, 2021
I.Tax:
Revision u/s 263 - Being conscious of the fact that the original assessment order could not be revised under section 263 of the Act due to bar of limitation, as provided...
July 30, 2021
I.Tax:
Revision u/s 263 - estimation of income on bogus purchases - Keeping in view the applicable VAT rate, Ld. AO estimated a further addition of 1.6% against these purchases....
July 30, 2021
I.Tax:
Revision u/s 263 - There was an error in the assessment order passed by the A.O. in not bringing to tax the interest income in the year under consideration under the...
July 30, 2021
Cus.:
Imposition of penalty - section 112(b) of Customs Act - smuggling - diamonds - The active role of these Appellant, do not justify imposition of heavy penalty under...
July 30, 2021
Co.Law:
Seeking to restore the name of the Company - It is significant to point out here that while considering an Application under Section 252(3) of the Companies Act, 2013,...
July 30, 2021
S.Tax:
Refund of erroneous payment of service tax - the appellant as a LLP, is not required to pay service tax under the reverse charge mechanism during the period under...
July 30, 2021
C.Ex.:
Condonation of delay - Though there is a considerable delay in filing the appeal, but having regard to the fact that the applicant had approached High Court and,...
July 30, 2021
Indian Laws:
Dishonor of Cheque - Fraudulent transaction or not - The Court notices that there is no disputes with regard to the signature on the cheuqe and her defence is that the...
July 29, 2021
GST:
Detention of motor vehicle - RANGE ROVER motor vehicle transported from Coimbatore to Thiruvananthapuram as 'used personal effect' of the 2nd respondent - detention on...
July 29, 2021
I.Tax:
Disallowance of loss on revaluation of bonds and sale of RBI Bonds - capital or current asset - There is consistency in the pattern followed by the assessee and...
July 29, 2021
I.Tax:
TDS u/s 194LA - tds on market value of Development Right’s Certificate (DRC) - the Hon’ble High Court held that the provisions of section 194LA of the Act are not...
July 29, 2021
I.Tax:
Penalty levied u/s 271(1)(c) - disallowance of the deduction claimed by the assessee u/s 35 - AO has not brought out his case as to why penalty u/s.271(1)(c) of the Act...
July 29, 2021
I.Tax:
Validity of Assessment u/s 153C - Reopening of assessment u/s 147 - In view of such glaring fact covering huge racket of providing accommodation entries of issuing bogus...
July 29, 2021
I.Tax:
Disallowance of mark to market loss - Pertinently, when the AO is accepting the gain offered as income by the assessee following similar accounting method, there is no...
July 29, 2021
I.Tax:
Late filing fee u/s. 234E - intimation u/s 200A - when there are conflicting decisions, the view taken in favour of the assessee should be followed, the impugned order...
July 29, 2021
I.Tax:
Additional depreciation on the machinery installed at various collection centers - business of pathological testing diagnostic laboratories - the collection centers are...
July 29, 2021
Cus.:
Issuance of SCN by proper officer - incompetent authority of Jurisdictional Officer or not - it is unambiguous that the Board appointed the Commissioner of Central...
July 29, 2021
Cus.:
Seeking release and return of detained containers - entitlement of compensation towards the container idling charges - When disputed facts are raised between the...
July 29, 2021
Cus.:
Refund claim of Additional Customs Duty (ACD) - rejection on the ground that as per correlation sheet, the description in Bill-of-Entry and invoices did not tally and...
July 29, 2021
Cus.:
Seeking return of bank guarantees furnished - with concern that the provisional clearance of the goods is pending consideration for over 2 and ½ years purportedly on the...
July 29, 2021
Indian Laws:
Dishonor of Cheque - it is to be pointed out that it is the admitted case of the defacto complainant that the bank account belongs to the petitioner. However, the cheque...
July 28, 2021
GST:
Jurisdiction or authority to block any input tax credit - Reason to believe that input tax available in the electronic credit ledger has been fraudulently availed or is...
July 28, 2021
I.Tax:
Revision u/s 263 - addition on account of interest paid to loan creditors - On one hand,AO is treating the alleged loan deposits as non-genuine and adding the same to...
July 28, 2021
I.Tax:
Exemption u/s 11 - trust which was not registered u/s.12A - Addition of corpus donation - voluntary contribution received by the trust with a specific direction that...
July 28, 2021
I.Tax:
Income deemed to accrue or arise in India - shared services - the CIT(A) has failed to appreciate that the year on year rendition of services by the assessee to the...
July 28, 2021
I.Tax:
Penalty order passed u/s 271AAA - disclosure of undisclosed jewellery and cash - The levy of penalty in not automatic and not mandatory. - considering the facts...
July 28, 2021
I.Tax:
Proceedings u/s 201(1) - not deducting TDS on the year-end provision - Therefore there is a sufficient and reasonable cause for not deducting TDS on the year-end...
July 28, 2021
I.Tax:
Recovery proceedings - attachment orders - stay petition - The position emerges that there is no dispute on that petitioner has fulfilled the condition of deposit of 20%...
July 28, 2021
I.Tax:
Direct Tax Vivad Se Vishwas Scheme 2020 - whether the amount which was forfeited at the time of auction, is to be credited into the account of the petitioner or is to be...
July 28, 2021
I.Tax:
Computing value of perquisites u/s 17(2) - residential accommodation - Merely because assessee is a body or undertaking owned or controlled by the Central Government, it...
July 28, 2021
Cus.:
Permission to mutilate the imported goods - 459 packages weighing 55.740 MT of mixed wet strength scrap paper (silicon paper and coated) - seeking allowance of clearance...
July 28, 2021
IBC:
CIRP - Whether Appellant is justified to carry the appeal only because the Adjudicating Authority had given directions to produce the Balance Sheets? - The Application...
July 28, 2021
IBC:
Validity of approved Resolution Plan - statutory dues - it is difficult to find fault with the Resolution Plan as has been approved. There is substance in the...
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: ITC CLAIMED AFTER DUE DATE
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: INQUIRY BY THE APPELLATE AUTHORITY
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: GST PENALTY SECTION 122
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: Extension in Import Period for Yellow Peas under ITC (HS) Code 0713101...
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: Reconciliation of Eway bills
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: E-Way Bill Generation-Transporter does not have GSTIN
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