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Highlights / Annotations / Catch Notes For January of 2018
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Showing 251 to 300 of 450 Records
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January 15, 2018
I.Tax:
Charging interest u/s. 234B(3) / (4) - The section 234B(4) states that if there is any increase or decrease in the income, correspondingly interest shall be increased or...
January 15, 2018
I.Tax:
Disallowance of the claim of agricultural income - nature of the agricultural activities carried on by the assessee - The case of the Revenue is that the assessee,...
January 15, 2018
I.Tax:
Deemed speculation loss - Arbitrage /Jobbing as a composite activity is covered under section 43(5)(c) of the Act. Hence, explanation to section 73 of the Act is not...
January 15, 2018
I.Tax:
Deemed dividend u/s. 2(22)(e) - the loan given by the company only in the immediate preceding year, i.e., assessment year 2007-08, should be assessed as deemed dividend...
January 15, 2018
S.Tax:
Refund claim - invoice without signature - services provided to SEZ unit - There is no dispute as to the fact that the service provider M/s. Standard Chartered Bank has...
January 15, 2018
S.Tax:
Claim of small service provider exemption - Notification no. 6/2005-ST - the provider of taxable service has the option not to avail the exemption and pay service tax on...
January 15, 2018
Cus.:
Interest on delayed payment of duty - the petitioner's imports were in February 1994, much prior to the insertion of Section 28AB of the Act - interest payable under the...
January 15, 2018
C.Ex.:
Classification of goods - Natural Micronised Progesterone - Merely by adding the excipient, the medicine which has character of basic drug does not get altered - Benefit...
January 15, 2018
C.Ex.:
Use if brand nanme on Gold jewellery - distinction between brand name and house mark - In the case the medallions of gold/silver only the house mark “MMTC Logo” is...
January 15, 2018
VAT:
Levy of service tax or VAT - workover service contracts - The contract between the petitioners and the ONGC does not involve any transfer of the right to use goods and...
January 15, 2018
VAT:
Penalty - issuance of sale invoice instead of tax invoice by seller - assessee was required to disclose the Tin Number and other details to the selling dealer and to...
January 15, 2018
VAT:
Input Tax Credit - capital goods - M. S. Sheets utilized for construction of silo - UP VAT - the distinction of movable or immovable nature of goods is not contained in...
January 13, 2018
I.Tax:
Penalty u/s 271(1)(c) - even if it is assumed that concealment of the income was invented by the Assessing Officer from the details that are furnished by the assessee,...
January 13, 2018
I.Tax:
Disallowances as the overloading charges u/s 37 -whether this is nothing but a penalty as per provision of section 73 of the Indian Railway Act, 1989 - these payments...
January 13, 2018
I.Tax:
Exemption u/s 11 - an assessment proceeding which is pending in appeal before the first appellate authority should be deemed to be assessment proceedings pending before...
January 13, 2018
I.Tax:
Revision u/s 263 - Endless enquiry is not possible and it is for the learned Assessing Officer to decide when to end the enquiry. The learned CIT cannot transgress the...
January 13, 2018
I.Tax:
Penalty imposed u/s 272A(2)(c) - Since there is no reasonable cause furnished by the assessee as mentioned u/s 273 of the IT Act for non furnishing of information sought...
January 13, 2018
I.Tax:
Reopening of assessment - It was clear that A.O. recorded incorrect and non-existing reasons for reopening of the assessment. Therefore, on the face of it, the reopening...
January 13, 2018
I.Tax:
Initiation of proceeding under Section 153A - the concluded assessment by operation of law on expiry of time limit for issuing notice under Section 143(2), cannot be reopened. - AT
January 13, 2018
I.Tax:
Capital gain computation - AO has invoked section 50C merely relying on the SRO value for the purpose of stamp duty - sale of assets by the bank through action due to...
January 13, 2018
I.Tax:
Deemed dividend addition u/s 2(22)(e) - Clause (ii) of section 2(22) provides that the term dividend shall not include any advance or loan made to a shareholder by a...
January 13, 2018
Cus.:
Refund claim - the respondents are bound to honor the redemption letter and effect the refund. The respondents cannot call upon the petitioner to prove when the bank...
January 13, 2018
Cus.:
EPCG Scheme - valuation - appellants are trying to solvage something out of a lost case. When the goods were found not to be eligible for concession under EPCG scheme,...
January 13, 2018
Cus.:
Classification of imported goods - bulk Reishi Gano Powder - bulk Ganocelium Powder - The impugned order has erred in classifying the product as Ayurvedic medicine and...
January 13, 2018
Cus.:
Penalty u/s 112(b)(ii) of the CA, 1962 - in view of the fact that the differential duty along with interest was paid before initiation of the show cause proceedings and...
January 13, 2018
Indian Laws:
Clause (b) of Subsection 1 of Section 7 of Bombay Stamp Act, 1958 is intended to ensure that no one evades the stamp duty payable on an instrument under the said Act by...
January 13, 2018
Indian Laws:
There is no provision contained in the SEZ Act, which grants exclusivity to any person, which otherwise would encourage monopolistic and restrictive trade practices, or...
January 13, 2018
S.Tax:
Construction of Complex Service - residential complex for use by the staff of M/s Aditya Cement - the staff quarters meant for use by the Income Tax Department for their...
January 13, 2018
S.Tax:
BAS - services rendered by the foreign based vendors - onsite services performed outside India - reverse charge - It is clear that the destination has to be decided on...
January 13, 2018
VAT:
Input tax Credit - Constitutional validity of Section 9 (2) (g) of the Delhi Value Added Tax, 2004 - Articles 14 and 19 (1) (g) of the Constitution of India - failure to...
January 13, 2018
VAT:
Classification of goods - NEBULA Jewellery Watch - whether fall under Entry 13(ii) of Schedule-II to the Value Added Tax Act or under Entry 87 of Second Schedule to the...
January 13, 2018
VAT:
Concessional rate of tax - non-issuance of Form 'C' on the ground that assessee is not taxable - Once a certificate has been issued by the competent authority, it was...
January 12, 2018
Cus.:
Subject :- Procedure for drawal of samples of Toys after amendment in Policy condition No. 2 to Chapter 95 of ITC (HS), 2017 –Schedule – 1. -
January 12, 2018
Cus.:
Inclusion of Dhamra and Dighi Ports in the list of ports mentioned in Export Promotion (EP) Schemes Notifications - Notification
January 12, 2018
I.Tax:
TDS u/s 194J - awarding right to supply water to consumers in Haldia - scheme of sharing of amount deposited in the revenue collection account, the assessee is taking...
January 12, 2018
I.Tax:
Special Audit u/s 142(2A) - The hot-haste, the casual and cavalier attitude of the Respondent Assessing Authority in which he is invoking a serious provision of the Act...
January 12, 2018
I.Tax:
Disallowance of communication charges while computing deduction u/s. 10A - communication charges etc., attributable to the delivery of the computer software outside...
January 12, 2018
Cus.:
Levy of CVD on import of goods - Manufacture - case of Revenue is that in terms of Chapter Note 4 of Chapter 26, which brings the imported goods Rutile Ore Leucoxene...
January 12, 2018
PMLA:
PMLA - The expression ‘reasons to believe’ has to meet the safeguards inbuilt in the second proviso to Section 5(1) PMLA read with Section 5(1) PMLA. - HC
January 12, 2018
PMLA:
PMLA - Constitution of tribunal - There can be single-member benches of the AA and the AT under the PMLA. Such single-member benches need not mandatorily have to be JMs...
January 12, 2018
C.Ex.:
Validity of demand / show cause notice - Merely because an audit party had raised an objection, ipso facto, that cannot be the sole reason for issuing the show cause...
January 12, 2018
C.Ex.:
Deemed Manufacture - laptops - All the processes which are involved are repacking of goods in or into the unit container, and in addition relabeling, testing, and...
January 11, 2018
I.Tax:
Addition on account of disallowance of claim of VAT reimbursement - VAT subsidy received by the assessee from the Government of Bihar is a capital receipt and...
January 11, 2018
Indian Laws:
Income Tax Department steps-up actions under Prohibition of Benami Property Transactions Act : Benami properties of more than ₹ 3,500 crore in more than 900 cases attached
January 11, 2018
Cus.:
Guidelines for the sale of seized/ confiscated gold - reg. - Circular
January 11, 2018
S.Tax:
Classification of services - when the petitioners satisfy the ingredients of the “goods transport agency” as defined under the Finance Act, there is no question of...
January 11, 2018
S.Tax:
CENVAT credit - Valuation - Classification of services - business of manufacture, supply and erection at site of pre-fabricated/pre-engineered steel buildings and parts...
January 10, 2018
Co.Law:
Prohibition on insider trading of securities - Section 195 of the Companies Act, 2013 omitted.
January 10, 2018
Co.Law:
Prohibition on forward dealings in securities of company by director or key managerial personnel - Section 194 of the Companies Act, 2013 omitted.
January 10, 2018
Co.Law:
Related party transactions - non-ratification of transaction shall be voidable at the option of the Board or shareholders, as the case may be - Section 188(3) of the Companies Act, 2013
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: notice u/s 73 converted to 74
F
: Partner Remuneration
H
: Jurisdiction - power of Joint Commissioner (Investigation) Enforcement...
H
: Valuation of export goods - Iron Ore Fines - transaction value - FOB p...
H
: Foreign Tax Credit (FTC) u/s 90 r.w. Article 25 India US Treaty (DTAA)...
H
: Levy of GST on Extra Neutral Alcohol (ENA) supplied by the petitioner ...
H
: Liability to pay Service Tax when the main contractor has already paid...
H
: Implementation of the Resolution Plan and change in management and con...
N
: Rate of exchange of one unit of foreign currency equivalent to Indian ...
H
: Addition u/s 50C r.w.s. 56(2)(vii) (b) - the buyer of the property - T...
H
: Cancellation of warehouse licenses - Penalty u/s 117 - The Tribunal fo...
N
: Seeks to impose Anti-dumping duty on import of Pentaerythritol from Ch...
H
: Freezing the Demat Accounts of the petitioners - The Calcutta High Cou...
H
: Assessment against non existent company - name of company struck off b...
H
: Computation of capital Gain - Disallowance being expenses towards the ...
H
: CENVAT Credit - exempt service or not - amount of interest received by...
H
: Levy of safeguard duty - Determination of effective date and time of i...
H
: Dishonour of Cheque - vicarious liability - Whether service of notice ...
H
: Defreezing of bank accounts - Implication of Non-Reporting of Seizure ...
A
: ITC is not available for the construction of the immovable property fo...
A
: CORE BANKING SYSTEM
A
: Liability to pay GST under RCM goes beyond taxable territory
F
: composition dealer - DRC - 01
N
: Seeks to amend No. 18/2022-Central Excise, dated the 19th July, 2022 t...
N
: Fixation of Tariff Value of Edible Oils, Brass Scrap, Areca Nut, Gold ...
A
: Deciphering GST Notification: Tax Implications of Corporate Guarantees
A
: Tax leviable at 12 percent on Mango Pulp from the beginning of GST
A
: ONUS IS ON THE PART OF SERVICE PROVIDER TO PROVE THAT THE SERVICES ARE...
A
: GSTR 2A and GSTR 3B during 2018-19
A
: Delhi Court rules against ITC denial to NBFCs’ recovery agents.
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Highlights January January 2018 Year 2018
