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Highlights / Annotations / Catch Notes For January of 2020
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January
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Showing 51 to 100 of 551 Records
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January 29, 2020
I.Tax:
Deduction u/s 80IA(2)(iv)(c) - we do not agree with the view taken by the Honb’le High Court of Rajasthan insofar as it takes a view that once the area declared as...
January 29, 2020
C.Ex.:
Maintainability of appeal - the order of the learned Tribunal had acquired finality at the hands of the Hon’ble Supreme Court. - it leads no scope open to the Assessee...
January 29, 2020
I.Tax:
Application for AAR (Authority for Advance Ruling) - application rejected on the ground that the Assessee failed to produce the basic documents viz., basic contract...
January 29, 2020
I.Tax:
Compounding of offence u/s 276C(1) - for compounding of offence u/s 276C(1) of the Act, 1961 would be permissible on payment of 100% of the tax sought to be evaded and...
January 29, 2020
C.Ex.:
Pre-deposit by making reversal of CENVAT credit with interest -The mandatory pre-deposit made by the appellant in terms of Section 35F of the Central Excise Act was...
January 29, 2020
C.Ex.:
CENVAT credit - goods cleared to SEZ unit - Rule 6(6) of CENVAT Credit Rules, 2004 - the amendment carried out in Rule 6(6) by way of Notification No.50/2008 was retrospective.
January 29, 2020
I.Tax:
Penalty u/s.272A(2)(k) - no reasonable explanation for huge delay in filing the TDS Returns i.e. 24Q and 26Q statements by assessee - The assessee cannot escape himself...
January 29, 2020
I.Tax:
Addition on account of interest paid u/s 36(1)(iii) - Once, the genuineness is proved and interest is paid on the borrowings, no interest can be disallowed on the...
January 29, 2020
I.Tax:
Penalty u/s 271D - Cash loan taken from the Partner of the Partnership Firm -Assessee with a bona fide belief that the provisions of section 269SS are not applicable has...
January 29, 2020
I.Tax:
Exemption u/s 11 - merely because the assessee-trust/company has been formed by another company for complying with the corporate social responsibility requirements, it...
January 28, 2020
SEBI:
IPF Trust and Committees at Market Infrastructure Institutions (MIIs)
January 28, 2020
SEBI:
Review of Margin Framework for Commodity Derivatives Segment
January 28, 2020
Cus.:
Implementation of automated clearance on pilot basis - Clearance of goods for home consumption - The facility will only be for ICES locations where RMS is enabled and fully functional.
January 28, 2020
GST:
Classification of supply - activity of printing of question papers on behalf of educational institutions - The Applicant cannot be said to be supplying Question Papers...
January 28, 2020
I.Tax:
Assessment u/s 153A - In the absence of any perusal of the record by the JCIT, it is clear that JCIT granted approval without application of mind and as such necessary...
January 28, 2020
I.Tax:
Revision u/s 263 - assessee has claimed as exempt LTCG seemed to be bogus - it is too early on the part of the Pr. CIT to direct the AO to redo the assessment so that...
January 28, 2020
I.Tax:
Addition u/s 56(2)(vii) on account of alleged excess share premium - AO on account of alleged excess share premium is unjustified when those very shares are sold in next...
January 28, 2020
I.Tax:
Deferred revenue expenditure - once the assessee himself chose to claim the same in a staggered manner, applying the ‘matching principle’ and when the same has been...
January 28, 2020
I.Tax:
Approval u/s 80G(5)(vi) - the company has been formed to carry out the corporate social responsibility of the other company - there is no averment or allegation that the...
January 28, 2020
I.Tax:
Bifurcation done by the assessee under the two heads of income, i. e., "income from house property" and "income from business" is in conformity with law and the same has...
January 28, 2020
I.Tax:
Valuation of shares invoking Rule 11UA - in case the balance sheet was not drawn up on the date of allotment, the previous balance sheet which was approved in the AGM...
January 28, 2020
I.Tax:
Valuation of shares invoking Rule 11UA and resultant addition made u/sec. 56(2)(vii)(c)(ii) - difference in FMV of the shares and the consideration paid by the assessee...
January 28, 2020
Cus.:
Payment of rent and warehouse charges - provisions of Section 63 of the Customs Act, 1962 which stand deleted from the Act, with effect from 14.05.2016 - The petition is dismissed.
January 27, 2020
GST:
Pure labour contract services - For construction of a civil structure or any other original works under PMAY - The exemption entry does not speak of contractor or...
January 27, 2020
GST:
Classification of goods - Fortified Rice Kernels (FRK) - the normal rice has undergone specific mechanical and chemical processing resulting in to FRK. This preparation/...
January 27, 2020
GST:
Classification of services - ‘Ancillary Services’ provided to various passenger/ tourist on behalf of main tour operators - The Applicant does not charge for the...
January 27, 2020
GST:
Whether the Compensation to States Act, 2017 is beyond the legislative competence of Parliament? - Refund of amount of compensation cess paid under the impugned...
January 27, 2020
Indian Laws:
The expression “reasonable grounds” means something more than prima facie grounds. It contemplates substantial probable causes for believing that the accused is not...
January 27, 2020
I.Tax:
Refund claim u/s 119 (2) (b) - condonation of delay - the land in question would be categorized as a capital asset. Therefore, the assessee cannot claim the benefit of...
January 27, 2020
C.Ex.:
Benefit in the “Arrears Category” of SAB KA VISHWAS (LEGACY DISPUTE RESOLUTION) Scheme 2019 (svldrs scheme) - Revenue directed to consider the claim of the petitioner...
January 27, 2020
I.Tax:
Settlement Application u/s 245C(1) - assessee disclosed additional income during the course of settlement - fresh and substantial disclosure or not - it is far greater...
January 27, 2020
C.Ex.:
CENVAT Credit - input services - the appellants received and consumed the service while they were participating in the development of technology by supervising and...
January 27, 2020
I.Tax:
Bogus purchases - CIT- A estimated profit from Hawala purchases by disallowing only 12.5% of the bogus purchases - Anyhow, on seeing the facts and circumstances, it...
January 27, 2020
I.Tax:
Rectification of mistake - levy of penalty u/s 271(1)(c) - when, the quantum appeal is pending before the lower authorities, disposing of penalty appeal on the same...
January 27, 2020
I.Tax:
Levy of FBT 115WE or TDS liability u/s 192 - it is not open for it to take a contrarian stand, as it apparently does inasmuch as it admits to neither – the tax liability...
January 27, 2020
I.Tax:
Condonation of delay - delay of 1971 days - intimation u/s.200A - Considering the reasons given by the Assessee for condonation of delay and keeping in mind that...
January 27, 2020
I.Tax:
Prior period expenses - The expenditure is not to be disallowed merely because it related to earlier previous year. In short under mercantile system of accounting the...
January 27, 2020
I.Tax:
Disallowances u/s 40(a)(ia) - it becomes clear that it is a case of short deduction of tax and not a case of non deduction of tax. - no disallowance u/s 40(a)(ia) can be...
January 27, 2020
I.Tax:
Additions towards unaccounted Cash u/s 69A - The explanation of the assessee that cash was retained by him in capacity of the Director of the Company cannot be doubted...
January 27, 2020
Cus.:
Failure to fulfill post import conditions - import of various parts of Aircraft - Excesses stock - import without following the procedure - though these goods are liable...
January 25, 2020
GST:
Exemption of “Supply of Farm Labour” - supplier of manpower - The supply of manpower services falling under SAC 99851 is not exempted - the said notification is...
January 25, 2020
GST:
Classification of goods - Fried Fryums of different shapes, sizes and varieties which are ready to eat - the product ‘Fried Fryums’ is appropriately classifiable under...
January 25, 2020
GST:
Every governmental function need not be “sovereign” - The parking services provided by the Contractor appointed by the Market Committee, not exempt under Notification No....
January 25, 2020
GST:
No tax is leviable under the Integrated Goods and Services Tax Act, 2007, on the ocean freight for the services provided by a person located in a non-taxable territory...
January 25, 2020
GST:
Powers of officers conducting search and seizure to remain stayed in the premises for unlimited period - Key person was not found at home during search - Protection of...
January 25, 2020
GST:
The powers vested in the officer armed with a search warrant are limited to searching the entire premises. Once the premises are searched, the search party would have to...
January 25, 2020
I.Tax:
Application for recall of an ex-parte order - Course adopted by the ITAT at the first instance, by dismissing the appeal for non-prosecution, and then compounding the...
January 25, 2020
I.Tax:
Extension of time for furnishing online Income Tax return in the Bihar - Tax Payers of Bihar faces ‘unnatural inconvenience’ in not filing income-tax returns within the...
January 25, 2020
I.Tax:
Disallowance u/s 37(1) - payments of expenditure by way of cash - Assessee has incurred 90% of expenses by way of cheque, meaning thereby, in case of business necessity...
January 25, 2020
I.Tax:
Reopening of assessment u/s 147 - The assessment of the assessee for the year under consideration thus was reopened by the Assessing Officer after arriving at his own...
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: Supply of Goods or services - Sale of Demo Cars - Reimbursement of Los...
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: Entitlement to Input Tax Credit (ITC) - Inward supply of Car / Demo ca...
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: Revision u/s 263 - scrutiny assessment was completed on the return of ...
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Black Money .... Act, 2015
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