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Highlights / Annotations / Catch Notes For January of 2020
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Showing 401 to 450 of 551 Records
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January 10, 2020
C.Ex.:
The appellant had practice to pay the duty on provisional value at the time of removal of the goods and only on finalization of books of accounts the actual cost of...
January 10, 2020
I.Tax:
MAT - deduction of Rebate u/s 88E while calculating the tax liability of the assessee for minimum alternative tax u/s 115JB - when the total income is assessed and the...
January 10, 2020
I.Tax:
Deduction claimed u/s 54 - Since the assessee has furnished the required details and constructed the small house at the village, where no approvals or permissions are...
January 10, 2020
S.Tax:
Classification of service - Man Power Supply and Recruitment Service or not - job assigned to the appellant for compressing and filling of gas in the cylinder by the...
January 10, 2020
Cus.:
Issuance of two SCNs - Valuation of imported goods - Issuing 2 notices in too short a time may suffice the requirements of law in letter but the spirit of the same...
January 10, 2020
C.Ex.:
Cancellation of bond - Misuse of Benefit of concessional rate of duty - We are still not in position to appreciate as to what was sought to be achieved or has been...
January 9, 2020
I.Tax:
Reopening of assessment u/s 147 - Validity of reasons to believe - there was sufficient material available before the authority concerned for initiating a proceeding...
January 9, 2020
I.Tax:
Assessment u/s 153A - this Court does not find any illegality or infirmity in the entire process based on which the warrant under Section 132 and the notice under...
January 9, 2020
I.Tax:
TDS u/s 195 - Disallowance u/s. 40(a)(i) in respect of payment of 'Software Maintenance charges' - Going by the beneficial provision in the DTAA vis-à-vis the Act, it is...
January 9, 2020
I.Tax:
Penalty u/s 271AAB - the case of the assessee does not fall under the provisions of section 271AAB(3) of the Act but under the provisions of section 271AAB(1) of the Act...
January 9, 2020
I.Tax:
Addition towards set off of fictitious losses through Client Code Modification - AO neither proved nor led any evidence in case of any single transaction, while making...
January 9, 2020
Cus.:
Adjudication of show cause notice - SCN was issued in 2002 and was pending - Validity of notice of hearing issued 2017 - this delay in adjudication would cause prejudice...
January 9, 2020
Cus.:
Amendment in the bill of entry - the mis-declaration of the goods covered by only one of the invoices is inadvertent and not deliberate. It would have been appropriate...
January 9, 2020
Cus.:
Valuation of imported goods - It is not understood if Custom Officers were suspicious of misdeclaration of weight what prevented them from actually weighing the...
January 9, 2020
IBC:
Secured Creditor - As in the present case, all the ‘Secured Creditors’ have claimed right over the same secured asset, which is 91% of the total secured asset and...
January 9, 2020
S.Tax:
Franchise Service - principal-agent relationship - collection of payment on behalf of the Appellant - Mere use of word ‘principle to principle’ basis cannot be read for...
January 9, 2020
S.Tax:
CENVAT Credit - duty paying invoices - the debit notes contains all the details which are required under Rule 9 and therefore they are valid documents for claiming CENVAT credit.
January 9, 2020
C.Ex.:
Extended period of limitation - CENVAT Credit - Department itself has recorded that they had previously conducted audit of the records of the appellant during December...
January 9, 2020
C.Ex.:
Clandestine removal - In terms of Section 9D referred above, cross examination is necessary to establish the relevance of statements recorded during the investigation...
January 9, 2020
VAT:
Amnesty Scheme under GVAT - prima facie it appears that the case of the petitioners is not a search case. In any event, even otherwise, while making a best judgment...
January 9, 2020
Indian Laws:
Dishonor of Cheque - insufficiency of funds - non-compliance of the condition of suspension of sentence is sufficient to declare suspension of sentence as having been vacated.
January 8, 2020
I.Tax:
Reopening of assessment u/s 147 - Addition u/s 68 - transactions of providing accommodation entries - If the transactions undertaken by SIPL with Moral are indeed not...
January 8, 2020
I.Tax:
Penalty u/s 271E/271D - accepting loans in cash - The cash loans in question therefore cannot be said fall within the mischief of Section 269SS of the Act as near...
January 8, 2020
I.Tax:
Taxation of retention money not accrued during the year - Accrual of income - as per AO addition has been rightly made during the course of assessment as well as in...
January 8, 2020
I.Tax:
TDS u/s 194 - Since this Tribunal has already taken a view that the person to whom interest was paid was falling within the ambit of section 194A(3)(f), there cannot be...
January 8, 2020
I.Tax:
Penalty u/s 271(1)(c) - income surrendered by the assessee during survey - Explanation 5A is exclusively in the case of search and seizure action u/s 132 and the said...
January 8, 2020
I.Tax:
Benefit of exemption u/s 54B - investment on agricultural land made in the name of spouse of the assessee - In view of the clear provisions, investment made by any other...
January 8, 2020
I.Tax:
Addition on account of notional rent u/s. 23(1)(a) - no addition on account of notional deemed rent u/s.23(1)(a) can be made, once the property itself was either in the...
January 8, 2020
Cus.:
Imposition of penalty on Director of the company - mis-declaration of goods - It is anybody’s guess that the CHA will not be benefited in any manner by this...
January 8, 2020
Co.Law:
Striking of the name of the appellant company from Register of Companies - disqualification of directors - non filing of annual returns - The order of striking of name...
January 8, 2020
IBC:
Public auction of the assets of the Corporate Debtor - if the Liquidator, for justified reasons deems it fit to increase the period of payment as it would help maximize...
January 8, 2020
C.Ex.:
Refund of accumulated CENVAT Credit - inputs used in manufacture of finished goods cleared by them to 100% EOU - the benefit of rule 5, is admissible in respect of...
January 8, 2020
VAT:
Imposition of penalty - discrepancy in Form 38, E-Sugam form - the Officer managing the Check Post after verifying the goods should have filled up the Column 8 of Form...
January 8, 2020
Indian Laws:
Dishonor of Cheque - whether in case of dishonour of cheque on the ground that 'signature does match with specimen' 'signature incomplete' 'signature differ' etc.,...
January 7, 2020
I.Tax:
Best judgment assessment - Order of ITAT modified for determining the profit rate @ 8% instead of 12.5% on gross contract receipt subject to allowing depreciation,...
January 7, 2020
I.Tax:
Exemption u/s 10(23C)(vi) - existence solely for 'educational purpose' or not - activity of acquisition or lease of immovable properties as well as investment of funds...
January 7, 2020
I.Tax:
Reopening of assessment u/s 148 - the extended period of limitation cannot be availed by the Department when all primary particulars were, admittedly, available on file.
January 7, 2020
I.Tax:
Reopening of assessment u/s 147 - information received from the Investigation Wing - AO has acted mechanically and without any independent application of mind. The...
January 7, 2020
I.Tax:
Depreciation - Determination of value / cost of assets - reduction of the value received by it in the form of forfeiture of amount in an earlier agreement for sale of...
January 7, 2020
I.Tax:
Deduction/Exemption u/s 54 - nexus between sale consideration received on sale of old asset and source of investment in new house - amount contributed by the Appellant’s...
January 7, 2020
I.Tax:
MAT - Addition to book profit of tax on non-monetary perquisites - without there being any corresponding amendment in the definition of Income Tax as provided in...
January 7, 2020
Cus.:
Recovery of such Social Welfare Surcharge (SWS) cannot be done by making debit from the value of the scrips produced by the petitioner - the respondents are directed to...
January 7, 2020
Cus.:
Levy of safeguard duty - Granting such a stay or interim order would facilitate entry of the goods at vastly lower prices, precisely what Parliament intended to curb...
January 7, 2020
Cus.:
Non-speaking order - Refund of the differential duty - by not issuing the speaking orders or giving any reply to their requests for speaking order, the officer has...
January 7, 2020
Cus.:
Imposition of penalties - default on the part of Customs Broker to declare the correct value of goods - the liability of customs duty rests only upon the importer -...
January 7, 2020
Indian Laws:
Dishonor of cheque - It was not open for the appellant to file its complaint before the learned M.M., Patiala House Courts, Delhi, who did not have territorial...
January 7, 2020
S.Tax:
Validity of adjudication proceeding initiated by the impugned SCN - Time limitation - Keeping in view the mandate of law as well as sub-section (4B) of Section 73 of the...
January 7, 2020
S.Tax:
Club and association service - principles of mutuality - The Hon'ble Supreme Court has considered the provisions of the Finance Act, 1994, as it stood prior to and after...
January 7, 2020
VAT:
Process amounting to manufacture or not - TN VAT - purchase of minced tobacco in bulk quantity and repacking the same with added flavour in small packs - adding scent or...
January 7, 2020
C.Ex.:
Extended period of limitation - as the appellant have categorically declared to the department regarding packing material being supplied Free of Cost by their customer...
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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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