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Dishonour of Cheque - liability created in favour...
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Default in not depositing the TDS amount, as...
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Violation of principles of natural justice - While...
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Money Laundering - The petitioner sought exemption...
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Refund with interest - statutory period of 60 days...
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Highlights / Annotations / Catch Notes For January of 2020
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Showing 351 to 400 of 551 Records
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January 13, 2020
S.Tax:
Nature of activity - sale or service - supply of packed Antivirus Software (Quick Heal) to the end user by charging license fee - Information Technology services -...
January 13, 2020
S.Tax:
Refund of unutilized CENVAT Credit - business of software trading - Export of services - place of provisions rules - intermediary services - arranging and facilitating...
January 13, 2020
S.Tax:
Franchise service or not - appellant has entered into agreements with various independent bottlers who possesses the necessary licenses for manufacturing of alcoholic...
January 13, 2020
S.Tax:
Levy of service tax - commission earned by the Managing Director of the appellant company, apart from his fixed salary, is in lieu of services provided by him for...
January 13, 2020
C.Ex.:
CENVAT Credit - HDPE/PP Bags used for packing of their final product, i.e. cement, destroyed in the course of packing - appellants cannot be asked to reverse the credit...
January 13, 2020
VAT:
Withholding of refund - Validity of SCN - Mere pendency of the revision proceedings cannot be a justification for withholding the refund since that is not a ground for...
January 13, 2020
VAT:
Re-opening of concluded Assessment - assessments having been completed pursuant to order passed by Special Tribunal and tax at rate of 10% was also collected, Revenue...
January 13, 2020
VAT:
Rejection of Input tax credit claim - seller did not file the return - there being no mechanism under the JVAT Act, by which, the petitioner could compel the seller also...
January 13, 2020
VAT:
Whether the State Government can levy the amount more than the actual cost incurred upon the excise staff deployed in distilleries / compounding and blending plants? -...
January 13, 2020
Indian Laws:
Dishonor of Cheque - cheque was issued in discharge of any debt or liability of the company or not - Every award of the Lok Adalat is deemed to be decree of a civil...
January 13, 2020
Cus.:
Jurisdiction - power of DRI to draw samples - In the present case, after the release of imported goods approximately by April 2016 from the custom area, there was no...
January 11, 2020
I.Tax:
Income u/s 2(24) / Exemption u/s 10(24) - receipt by the trade Union for settlement on behalf of member worker - ITAT in the present case wrongly rejected the ratio of...
January 11, 2020
I.Tax:
Deductions u/s 54 and 54EC - LTCG - whether acquisition of flat through allotment by DLF Universal Ltd. has to be treated as a construction of flat? - assessee had...
January 11, 2020
I.Tax:
TDS Credit - claim on the deferred Revenue - Rule 37BA(3)(ii) provides that where tax has been deducted at source and paid to Central Government and income is...
January 11, 2020
I.Tax:
Addition u/s.69C - unexplained expenditure - Admittedly, in the first round of proceedings, there was no addition made u/s. 69C by the revenue. AO could not have made...
January 11, 2020
I.Tax:
Condonation of delay - delay of 345 days in filing the appeal before CIT(A) - Each case for condonation is to be decided on its own facts and merits. The facts may...
January 11, 2020
I.Tax:
Disallowance of deduction claimed u/s 35(i)(ii) - bogus donation - donation given by the assessee to the donee, on which the assessee no mechanism to check the veracity,...
January 11, 2020
I.Tax:
Addition u/s 41 - Cessation of liability - the liability has not ceased to exist in true sense in the given facts and circumstances as it has shifted to the partner of...
January 11, 2020
GST:
Inability of petitioner in moving Advance Ruling application - It would not be fair that the petitioner is prevented from seeking an advance ruling, merely because he is...
January 11, 2020
Indian Laws:
Dishonor of cheque - Section 13 - The basic law is that the complaint under Section 138 of Negotiable Instrument Act cannot be quashed by High Court by taking recourse...
January 11, 2020
Indian Laws:
Dishonor of cheque - Legality of Amendment to Article 142(2) of the Negotiable Instruments Act - there is no infirmity in the amendment. Even otherwise, the Parliament...
January 11, 2020
Cus.:
Interest on delayed payment of Special Additional Duty refundable - Since the decision in the KSJ Metals Impex (P) Ltd., has been stayed I am unable to give any relief...
January 11, 2020
Indian Laws:
Dishonor of cheque - Even if I do not believe the statement of the accused, the documents of the complainant cannot be brushed aside - Since the cheques were given by...
January 11, 2020
Direct Taxes:
Benami Property - Denial of natural justice - provisional attachment - What also is revealed from the proceedings drawn is that the petitioner has been held to be the...
January 11, 2020
Indian Laws:
Dishonor of cheque - insufficiency of funds - So far as the proceedings u/s.138 of the Negotiable Instruments Act is concerned, the question of the complainant having...
January 11, 2020
Indian Laws:
Dishonor of Cheque - section 138 of NI Act - territorial jurisdiction - dishonour of cheque had occurred outside the territory of India - since the cheque in question...
January 11, 2020
C.Ex.:
CENVAT credit - capital goods - capital goods used in the manufacture of dutiable cotton/ denim fabric - benefit of Rule 6(6)(v) extended - the appellant manufacturer is...
January 11, 2020
C.Ex.:
Valuation - components manufactured by the appellant and transferred to their Haridwar Plant for captive consumption in use of motorcycles and their parts - AS per the...
January 11, 2020
C.Ex.:
Valuation - Extended period of limitation - Merely because the sister unit will get CENVAT Credit, the appellant cannot NOT PAY full duty in open defiance of the law and...
January 11, 2020
S.Tax:
Demand of service tax for differential amount - mis-matching the ST-3 return with the figures in the receipts shown in the balance sheet - It is mere an assumption that...
January 11, 2020
C.Ex.:
Refund of deposit made - whatever amount has been deposited by the appellant since has been considered by the Tribunal as a deposit under Section 35F for granting the...
January 11, 2020
Cus.:
Refund of amount deposited - deficiencies in the TR-6 Challan - To reject the refunds claim claims on such flimsy grounds is nothing but harassment of the litigant,...
January 11, 2020
Cus.:
Refund claim - unjust enrichment - Validity of CA certificate - both the CA certificates are of very old period and for the purpose of unjust-enrichment the present...
January 10, 2020
Indian Laws:
Dishonor of Cheque - offence punishable u/s 138 - the petitioner was a Key Managerial Person of the accused No.1 company - he was so for the period from 01.04.2015 to 31....
January 10, 2020
GST:
Supply or not - Natural bundling of services - specified medical instruments by the Applicant to unrelated parties like hospital(s), Lab (s), for uses without any...
January 10, 2020
Cus.:
Condonation of delay of 452 days in filing the Appeal - Tribunal has used its judicial discretion not to condone the delay - if the Tribunal followed the decision of the...
January 10, 2020
I.Tax:
Penalty u/s 221 - failure to deposit the TDS amount with the Govt. - In fact, a clear finding has been recorded by the tribunal that question of financial stringency...
January 10, 2020
I.Tax:
Revision u/s 263 - dropping of proceedings by the AO - internal order which was not communicated to the assessee - once the aforesaid decision is communicated and made...
January 10, 2020
Cus.:
Refund Claim - only contention of the appellants (Revenue) is that since the claim for refund was not made at the time of supply of goods, the said claim cannot be made...
January 10, 2020
Cus.:
The law prevalent as on the date of the import of the vessel in the case on hand would only be applicable and that merely because the bill of entry was not filed at the...
January 10, 2020
Cus.:
Import of Baggage - the spare parts in question were intended for use in a vehicle imported by the petitioner earlier and put to personal use of the petitioner - the...
January 10, 2020
Cus.:
Import of of Baggage - clubbing of free allowance of other family member - the petitioner could not have contended for a pooling of the baggage allowance permitted in...
January 10, 2020
S.Tax:
Refund of service tax - application was filed beyond a period of one year from the date of payment of duty. - when service tax is not leviable, but it is deposited...
January 10, 2020
C.Ex.:
CENVAT Credit - scope of SCN - The show-cause notice was issued alleging that outward freight is not included in the input service whereas in the impugned order the...
January 10, 2020
C.Ex.:
Clandestine Removal - data from the Hard Disk No. 2 was retrieved on DVD - the said Hard Disk could have been tempered, therefore, cannot be relied upon as evidence...
January 10, 2020
I.Tax:
Disallowance of expenses - CIT(A) deleted the addition without giving an opportunity of being heard to AO - CIT (A) has himself verified the bills - he has given a...
January 10, 2020
I.Tax:
Deduction of tax at source on year-end provisions - It is not the case of the assessee that it has made an ad hoc provision. Thus it cannot be said that the payee is not...
January 10, 2020
I.Tax:
TDS u/s 194J - Tax deduction at source on the passengers’ services fees (PSF) - payment to CISF for security - assessee does not pay any sum to CISF but it is paid by...
January 10, 2020
S.Tax:
Services such as rendered by the appellants to their foreign principal fall under Export of Service Rules and are eligible for exemption in terms of Notifications,...
January 10, 2020
I.Tax:
Deemed dividend addition u/s 2(22)(e) - It it is the company which owes the assessee the money rather vice-versa, it is unequivocally proved that the advance received...
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: The Allahabad High Court addressed the denial of a personal hearing in...
H
: Levy of penalty u/s 129(3) subsequent to the search and seizure action...
H
: Rejection of refund claim - The notices issued in this case were found...
H
: Re-Determination of refund and interest thereon - Subsequent to the di...
H
: Cancellation of GST registration of the petitioner - service of SCN - ...
A
: GSTR 2A and GSTR 3B during 2018-19
F
: Partner Remuneration
H
: Validity of Ex-parte assessment order passed u/s 144B - The High Court...
H
: Addition u/s 68 - shares of the assessee companies issued at huge prem...
H
: Validity of search and seizure u/s 132 - The Bombay High Court quashed...
H
: Power of CIT to cancel or withdraw registration invoking Section 12AA(...
H
: Review petition - Validity of reopening of assessment - The High Court...
H
: Reopening of assessment u/s 147 - The High Court dismissed the appeal ...
H
: Demand of additional tax on simple processing of income - Applicabilit...
H
: Special audit u/s 142(2A) - Complexity and Volume of Transactions - Re...
N
: Amendment in Madhya Pradesh Goods and Services Tax Rules, 2017
N
: Amendment in Notification No. CT-8-0002-2024-Sec-1-V(CT) (03), dated 1...
H
: Interest payable to petitioner u/s 244A - Failure on the part of AO to...
H
: Rejection of Application for Final Approval u/s 80G(5)(iii) - The Trib...
A
: Delhi Court rules against ITC denial to NBFCs’ recovery agents.
A
: Understanding Systems Audit and Process Audit: A Comparative Analysis
A
: Assessee cannot be deprived of filing an appeal due to non-constitutio...
A
: RECENT DEVELOPMENTS IN GST
F
: GST ON POST SUPPLY DISCOUNT
C
: Review of validation of KYC records by KRAs under Risk Management Framework
C
: Certification requirement for key investment team of manager of AIF
A
: Understanding the Role and Importance of Customs Brokers in Internatio...
A
: THE ASSESSEE CANNOT BE ABSOLVED OF RESPONSIBILITY TO MONITOR THE GST PORTAL
A
: HANDLING LITIGATION (APPEALS) IN GST
F
: Supply of Services to State owned disaster management entity
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