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Highlights / Annotations / Catch Notes For April of 2023
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Showing 151 to 200 of 481 Records
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April 21, 2023
I.Tax:
Scrutiny by the High Court in an appeal u/s 260A for Determination of the arm’s length price made by the Tribunal - When the determination of the arm’s length price is......
April 21, 2023
I.Tax:
TDS u/s 194I or not - Wrong section applied by the AO - withhold tax (TDS) on External Development Charges (‘EDC’) paid to Haryana Urban Development Authority (‘HUDA’) -....
April 21, 2023
I.Tax:
Assessment of capital gains on sale of agricultural land or landed property - the assessee’s case clearly falls under clause (b)(ii) to provisions of section 2(14)(iii).....
April 21, 2023
I.Tax:
Deduction u/s 80G - trust had made expenses more than 5% of its total receipts - assessee has submitted that during the year under consideration, the religious......
April 21, 2023
I.Tax:
Additions towards Undisclosed contract receipt - The revenue authority failed to find out any fault in this submission. They simply rejected. It is to be demonstrated......
April 21, 2023
I.Tax:
Income accrued in India - Service desk provided by the assessee to the employees of Tower Watson to monitor the IT related glitch - - services provided by the assessee......
April 21, 2023
I.Tax:
Addition u/s 56(2)(vii)(b)(i) - difference between the actual purchase consideration of plots of land and market value as per stamp valuation authorities - Assessee has.....
April 21, 2023
I.Tax:
TDS u/s 195 - site testing charges - Royalty - the services which can independently or on stand alone basis, be provided, coupled with the fulfillment of the other......
April 21, 2023
Cus.:
Scope of the investigation - involvement of high-ranking political functionaries of the State - The Customs as well as the Enforcement Directorate, have conducted or are....
April 21, 2023
Cus.:
Rejection of request of the IOC for conversion of DEEC Shipping Bills to Drawback Scheme - Delay between 6 months to 1 year - Period of limitation - If the request /......
April 21, 2023
Cus.:
Levy of penalty u/s 112(b)(ii) of the Customs Act, 1962 - Past offence can be at best enhancer of civil and/or criminal liabilities, but no penalty can be imposed on any....
April 21, 2023
IBC:
CIRP - Service of notice when admitted claim of Operational Creditors is 10% - It is held that it is incumbent upon the RP to serve notice of each meeting of the CoC to.....
April 21, 2023
S.Tax:
Levy of penalty - Since the appellant have admittedly paid service tax along with interest and moreover, they were otherwise entitled for the Cenvat credit for the......
April 21, 2023
C.Ex.:
Clandestine manufacture of labelled and unlabelled biris - The burden to establish the factum of clandestine clearance is upon the revenue and required to be established....
April 20, 2023
GST:
Intra-state day - Export of services - Intermediary Services - Constitutional validity of provisions for determination of place of supply - Zero rated supply -......
April 20, 2023
GST:
Seizure of goods alongwith vehicle - loaded coal was transported by the trucks with the connivance of the truck owners and the coal mafia from Meghalaya - The petitioner....
April 20, 2023
GST:
Cancellation of GST registration of petitioner - Not only the order is nonspeaking, but cryptic in nature and the reason of cancellation not decipherable therefrom.......
April 20, 2023
I.Tax:
Scrutiny assessment - Instructions issued by CBDT not complied with - Since, in the present case, the question of jurisdiction was to be decided first by the Assessing......
April 20, 2023
I.Tax:
Allowability of deduction of interest expenditure u/s 57 - The provisions of section 57(iii) of the Act categorically provide for allowability of deduction of interest......
April 20, 2023
I.Tax:
Non-deduction of TDS - It is a fact on record that the amounts of provisions created by the appellant on which TDS was not deducted had been duly included by the......
April 20, 2023
I.Tax:
Unexplained cash credit u/s. 68 - primary onus that lay on the assessee to establish the identity, genuineness and creditworthiness of the assessee is being proved......
April 20, 2023
I.Tax:
Income from house property - Vacancy allowance - deemed income / fictitious income - since the assessee has not received rental income from 19.04.2016 to 31.03.2017,......
April 20, 2023
I.Tax:
Deduction u/s 80IA - If an assessee is entitled to certain deductions under the provisions of the Income Tax Act, the same should not be disallowed, merely because of......
April 20, 2023
Cus.:
Recovery of Export benefit of RoDTEP Scheme - exports of white refined sugar - Period of dispute from 1.6.2022 to 30.11.2022 - Restricted goods or not for the said......
April 20, 2023
Cus.:
Valuation of imported goods - NIDB data of contemporaneous imports - The only thing established during the investigation is that other importers imported goods through......
April 20, 2023
Cus.:
Refund claim of SAD - Principles of Unjust Enrichment - Scope of CA certificate - Refund already sanctioned by the lower authorities - Merely stating that ‘the review......
April 20, 2023
Cus.:
Suspension of Customs Broker License - restricted goods - As the mandatory documents could not be arranged in time, the Customs Broker has advised the importer to file......
April 20, 2023
Cus.:
Levy of Anti-Dumping duty - Local traders can hardly be accepted as authoritative sources for establishing origin and the transaction allegedly entered into between......
April 20, 2023
IBC:
CIRP - NCLT admitted the application - settlement entered into by the parties - Any settlement after passing of the impugned order and after constitution of the CoC is......
April 20, 2023
S.Tax:
Belated adjudication of SCN after a gap to 13 years - Time Limitation - the proceedings pursuant to the impugned show cause notice are inordinately delayed and it is now....
April 20, 2023
S.Tax:
Principles of natural justice - mistake in the computation of demand - Petitioner had clearly pointed out that there was a mistake in the computation of the demand, that....
April 20, 2023
S.Tax:
Levy of penalty u/s 77 and 78 of the Finance Act, 1994 - evasion of service tax - appellant collected service tax from the service receivers but failed to deposit the......
April 20, 2023
S.Tax:
Classification of services - Goods or service - No VAT may be payable on some goods under the state laws but that does not convert the Works Contract Service into a pure....
April 20, 2023
C.Ex.:
Clandestine Removal - Loss of quantity due to temperature variation - petroleum products - The demand is raised only because of the difference in quantity when the......
April 20, 2023
C.Ex.:
Reversal of cenvat credit - Rule 6(3A) is applicable only in such cases where one particular activity either service as a whole or sale of goods as whole is involved......
April 20, 2023
VAT:
Levy of penalty - Bonafide opinion of the assessee - On strict interpretation of Section 45 and Section 47 of the Act, 1969, the only conclusion would be that the......
April 20, 2023
VAT:
Suppression of sales or not - peas - Since this Court held that there is little scope in interfering with the factual adjudication made by the learned Odisha Sales Tax......
April 20, 2023
Indian Laws:
E-filing Rules - seeking direction to the DRTs and DRATs across the country to continue with hybrid filing of pleadings and applications before them - The......
April 20, 2023
Indian Laws:
Dishonour of Cheque - punishment - The trial Court has sentenced the accused to undergo rigorous imprisonment for six months and to pay fine of Rs.5,000/- - Section 138.....
April 19, 2023
GST:
Refund of accumulated Input Tax Credit (ITC) on account of the export of services, rejected - Since it is an admitted position that no hearing was given to the......
April 19, 2023
GST:
Rejection of refund claim - refund claim on the basis of e- BRCs/FIRCs furnished by the claimant, addressed to their corporate office in Kolkata, whereas exports done......
April 19, 2023
I.Tax:
Claim of expenses from rental income - correct head of income - the business centre was being exploited by the respondent/assessee as a commercial asset. Therefore, the.....
April 19, 2023
I.Tax:
Stay of demand - Scope of the CBDT instructions - As there is no disputation or disagreement that the writ petitioner's case i.e., writ petitioner's plea that interim......
April 19, 2023
I.Tax:
Penalty u/s 271(1)(c) - when we examine penalty levied on account of salary disallowance AO has merely made adhoc addition by way of guess work and the AO has not......
April 19, 2023
I.Tax:
Depreciation on goodwill u/s 32(1) - post demerger - once the assessee proves that goodwill accounted in the books of accounts in a scheme of demerger is only of......
April 19, 2023
I.Tax:
Addition u/s 69A - cash deposit in the bank account - entire amount of withdrawal was re-deposited - This conduct is a normal conduct of a man ordinary prudent which......
April 19, 2023
I.Tax:
Revision u/s 263 by CIT - Underreporting of income - Lesser amount of revenue shown in income tax return vis-à-vis the service tax return, if not successfully proved,......
April 19, 2023
I.Tax:
Denial of foreign tax credit u/s 90/90A due to delay in filing Form no.67 - Mere delay in filing Form No. 67 as per the provisions of Rule 128(9), as they stood during......
April 19, 2023
C.Ex.:
Classification of goods - Plant Growth Regulator or not - the product ‘MIRACULAN’ which primarily contains Traicontanol 0.05% by weight is a product under the category......
April 19, 2023
Cus.:
Delay of 14 years in concluding the proceedings - The learned Tribunal was fully justified in coming to the conclusion that in the absence of any explanation for the......
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