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Highlights / Annotations / Catch Notes For January of 2019
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Showing 501 to 550 of 605 Records
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January 5, 2019
I.Tax:
Deduction u/s. 35D - eligibility - Share Issue Expenditure - Once the assessee is claiming that there was an expansion of industrial undertaking, onus lies on the...
January 5, 2019
I.Tax:
Addition u/s 68 - Rejection of claim of LTCG - the transactions of the assessee were bonafide and genuine and therefore the AO was not justified in rejecting the...
January 5, 2019
I.Tax:
Disallowance on account of Sponsorship of Doctor’s Overseas Tours - there is no need to make the said disallowance simply because in some other case, a disallowance made...
January 5, 2019
I.Tax:
Capital gain - tax liability - transfer u/s 2(47) of asset - the assessee neither received any consideration nor possession is handed over to the GPA holder, therefore,...
January 5, 2019
I.Tax:
Charging of interest u/s 234B for non payment of advance tax - assessment framed u/s 147 - additions made towards unexplained - Liability of interest confirmed.
January 5, 2019
I.Tax:
Addition on the basis of cheques found during survey u/s 133A - Since the validity period of six months from the date of issuance of cheques has already been expired, no...
January 5, 2019
Cus.:
Valuation - rejection of transaction value - although the supplier and the respondent were ‘related persons’ for the purpose of Customs Valuation Rules but the...
January 5, 2019
Cus.:
Project import - classification of the project - Water Supply Project or not - it clearly shows that the water being channelized through treatment and certain process...
January 5, 2019
S.Tax:
Entry fees and Toll fees are in relation to the goods and persons attending to vessel and/ or goods only. Thus, this service can be covered under the definition of Port Service.
January 5, 2019
S.Tax:
Refund of service tax paid - SEZ unit - even if the services are not mentioned in the Unit Approval Committee’s list, refund is to be sanctioned.
January 5, 2019
S.Tax:
Rejection of VCES Declaration - the part remaining dues alongwith the interest, which was liable to be paid by 31st December, 2014, could not be paid by 31.12.2014 due...
January 5, 2019
C.Ex.:
Imposition of penalty u/r 26 of CER - fraudulent availment of CENVAT Credit - Knowing the activities of supplier they made a false representation to the authorities to...
January 5, 2019
C.Ex.:
Classification of goods - Mixed Fuel Oil - the product has not been tested for its suitability for use in admixture with any substance other than mineral oil as required...
January 5, 2019
C.Ex.:
CENVAT Credit - project imports - before availing the cenvat credit the appellant had applied for common registration and it is seen that no response was given by the...
January 5, 2019
C.Ex.:
CENVAT Credit - duty paying invoices - the supplementary invoices have been issued by the Coal Companies, which are the undertakings of the Government of India, there...
January 5, 2019
C.Ex.:
CENVAT Credit - input services - Forwarding and Cargo Handling services - the place of removal is the port not the customers’ premises as claimed by the appellant and...
January 5, 2019
C.Ex.:
CENVAT Credit - input service - period from April 2005 to October, 2006 - denial on account of nexus - whether the construction of staff colony in the present case is a...
January 5, 2019
VAT:
Benefit of concessional rate of tax under CST Act, 1956 - Inter-state procurement of goods for use in mining - there could be no restrictive meaning applied to the term...
January 5, 2019
VAT:
Reversal of Input tax credit - mismatch of return - The web report or the data maintained by the Department is only a starting point, based on which, the authority has...
January 5, 2019
VAT:
Reversal of input tax credit - n cases of mismatch, as per the Circular, the Assessing Officers are directed to enclose full particulars, invoice-wise, either in printed...
January 5, 2019
I.Tax:
Penalty u/s 271D - loan accepted in cash - The cash loans in question cannot be said fall within the mischief of Section 269SS as near relatives cannot be said to be...
January 4, 2019
DGFT:
Rationalization of procedures in handling redemption requests under Advance/EPCG Authorizations
January 4, 2019
Cus.:
Amendment in Para 2.54 (d)(v)(iv) of Handbook of Procedures, 2015-2020
January 4, 2019
I.Tax:
Reopening of assessment - limitation of four years - Unlike section 153, Section 149 has no statutory exception to exclude the time during which the Court stayed the proceedings.
January 4, 2019
I.Tax:
LTCG - Entitlement for benefit u/s 54F - If one has invested the amount received on sale of capital asset either in purchasing a residential house or in construction of...
January 4, 2019
I.Tax:
When it is not in dispute that the assessee company has derived the signage income from the tenants from the space owned by the assessee company and not from the...
January 4, 2019
I.Tax:
Penalty levied u/s 271C - Failure to deduct TDS u/s 192 on reimbursement of Leave Fare Concession (LFC) claim, to the extent of foreign leg of travel of 12 employees of...
January 4, 2019
I.Tax:
Penalty u/s 271D - receipt of cash loans exceeding ₹ 20,000/- in contravention of section 269SS from the company by the director - the said amount has also been...
January 4, 2019
Cus.:
CHA - once proceedings under Regulation 22 is initiated which is normally done after the completion of investigations in a case, the proceedings under Regulation 21 go...
January 4, 2019
VAT:
Validity of assessment order - Bogus C-forms - Put explicitly, if a document is suspected, the source of suspicion is of no consequence, even a whisper of doubt may cast...
January 3, 2019
Cus.:
IGST Export Refunds–resolution of errors
January 3, 2019
SEBI:
Physical settlement of stock derivatives
January 3, 2019
I.Tax:
Charitable activities - exemption under Section 11 denied - AO should have restricted the denial of exemption only to that portion of the investments, which were made by...
January 3, 2019
I.Tax:
TDS u/s 195 - time-writing charges - The service provided by employees of BGIL are merely in the nature of routine support services and, therefore, cannot be termed as...
January 3, 2019
I.Tax:
Valuation of shares - Restriction as per Rule 11U(a) on the auditor’s acceptance as Accountant for the purposes of Rule 11UA (2) is well founded. - There is no merit in...
January 3, 2019
I.Tax:
Determination of total income - assessment of agricultural income - assessee has not produced any details or evidence regarding quantity of crops sold, date on which...
January 3, 2019
I.Tax:
Additions on account of gold and cash found during the course of search proceeding - The material found from an unconnected person cannot be added in the assessee's...
January 3, 2019
I.Tax:
Capital Loss - it is not in dispute that the flat has not been acquired under the settlement but by some other means for which the cost of acquisition of the flat needs...
January 3, 2019
I.Tax:
Revision u/s 263 - AO having passed the assessment order in compliance to the directions of the DRP, the assessment order so passed cannot be held to be erroneous and...
January 3, 2019
I.Tax:
Charitable activity - assessee is entitled to exemption under section 11 and 12 of the act and is not carrying on the business activities when it receives the hostel...
January 3, 2019
I.Tax:
Addition u/s 69A - biana (advance) against sale of his residential house - nothing to justify the assessee’s explanation of the cash with him as on account of an advance...
January 3, 2019
GST:
Central Goods and Services Tax (Amendment) Act, 2018- Clarification regarding section 140(1) of the CGST Act, 2017
January 3, 2019
Cus.:
Import Policy after GST - Even by not allowing exemption of IGST at the time of import, no benefit in the AA scheme is altered by the Government, though collateral costs...
January 3, 2019
Cus.:
Advance authorization scheme - What is disallowed to the petitioner and allowed to others of the same class should be demonstrated by the petitioner. That is the test...
January 3, 2019
Cus.:
Classification of imported goods - Low Aromatic White Spirit - the product imported by the appellant answers to specifications prescribed under sub heading note 4 and...
January 3, 2019
Cus.:
Imposition of redemption fine - penalty - if the goods are held as liable to confiscation for whatever reason penalty under section 112 (a) can be imposed....
January 3, 2019
Cus.:
Demand of anti dumping duty - Service of notice - the appellant has nowhere disputed the very liability to ADD makes it all the more clear that the assessee is making...
January 3, 2019
Cus.:
Classification of imported goods - Bonded Fabric - Rule 3(c) alone is applicable and has rightly been applied by the first appellate authority. - The impugned goods are...
January 3, 2019
S.Tax:
Extended period of limitation - The mere factum of filing a ‘nil’ return, followed by cancellation of the registration, speaks more of the premeditated acts of the...
January 3, 2019
S.Tax:
Commercial coaching services - when there was no separate receipt towards each head and what was collected was fees alone, the petitioner academy could not thereafter...
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