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Highlights / Annotations / Catch Notes For January of 2023
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Showing 451 to 500 of 551 Records
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January 6, 2023
GST:
Exemption from GST - Treated Water obtained from CETP - Looking to the presence of small amount of metal and water obtained after treatment from CETP is covered under...
January 6, 2023
GST:
The advance ruling mechanism under GST does not envisage giving a ruling to a recipient of supply of goods or services or both about the said supply at supplier end. As...
January 6, 2023
GST:
Classification of goods - rate of tax - construction of rail infrastructure for providing Railways siding - there is no stipulation in the said entry claimed for...
January 6, 2023
I.Tax:
Status of a beneficial owner - provisions of Article 12 of the DTAA - back-to-back arrangement of passing on the fee received to its holding company - To our minds, once...
January 6, 2023
I.Tax:
Recovery proceeding - priority of charge - void transactions U/s 281 - The Income Tax Department is also free to seek its remedy before the appropriate forum including...
January 6, 2023
I.Tax:
Disallowance of premium on Insurance Policy - Keyman Insurance Policy - Once the assets are sold, the Keyman policy for the Firm becomes redundant. At the same time, a...
January 6, 2023
I.Tax:
Exemption / deduction u/s 10A - The assessee was receiving the amount as rental income and in Hewlett Packard, the amount was received as interest on deposits and the...
January 6, 2023
I.Tax:
Transfer of case u/s 127 - Denial of natural justice - non providing any opportunity of hearing - t the impugned transfer order and the notices as a consequence thereof,...
January 6, 2023
I.Tax:
Long term capital gain (LTCG) - compulsory acquisition of land - the said land owned by the assessee is an agricultural land and was used for the purpose of agriculture...
January 6, 2023
I.Tax:
Computing the capital gain on sale of assets - WDV of depreciable assets - Exemption u/s 11 - the assessee has partly claimed the depreciation on this asset and when the...
January 6, 2023
I.Tax:
Eligibility for approval u/s 80G - some of the objects of the assessee-trust was to teach Veda and spread Vedic education - There is a particular method of pronunciation...
January 6, 2023
I.Tax:
Bogus transaction in the scrip - bogus LTCG - Onus to prove - Income generated by the assessee cannot be held bogus only on the basis of the modus operandi,...
January 6, 2023
I.Tax:
TDS u/s 195 - withhold tax on the payments made to the MRI company - assessee contended that it is acting as a collection agent on its behalf - Neither the assessee nor...
January 6, 2023
I.Tax:
Revision u/s 263 by CIT - requirement of issuing show-cause notice - there is nothing in the Section 263 to raise the said notice to the status of a mandatory show-cause...
January 6, 2023
Cus.:
Rejection of refund claim - Period of limitation - These admitted facts are sufficient admission to the fact that the goods were never cleared for home consumption....
January 6, 2023
Cus.:
Application for waiver of pre-deposit amount under Section 129E of the Customs Act, 1962 - The appellant has not made the pre-deposit. In view of the aforesaid...
January 6, 2023
IBC:
CIRP proceedings - Operational Creditors - Rejection of application u/s 9 by the NCLT and NCLAT - When the agreement entered into between the parties carries an...
January 6, 2023
IBC:
Initiation of CIRP - existence of debt and dispute or not - Settlement of dispute between the parties or not - NCLT rejected the application - the Adjudicating Authority...
January 6, 2023
IBC:
Seeking refunds of amount to the liquidation account of the Corporate Debtor - Present is a case where for refund, to which the Corporate Debtor is entitled, whether the...
January 6, 2023
IBC:
Initiation of CIRP - FINANCIAL CREDITORS - Home buyers - NCLT admitted the application - Appellant has submitted that they are ready to deposit an amount of amount - by...
January 6, 2023
IBC:
Seeking recovery of dues - priority of charge over the project of the Corporate Debtor and the constructions raised thereon - Non-Performing assets -the home buyers have...
January 6, 2023
S.Tax:
Levy of service tax - Business Auxiliary Services or not - Software Activation Charges - The appellant did not receive any commission in this matter. The appellant is...
January 6, 2023
VAT:
Rejection of central sale made by the assessee - once the Tribunal has recorded the finding that the documents, as required by it, was not placed by the assessee and no...
January 5, 2023
GST:
Input Tax Credit was stated to be erroneously availed without filing form TRAN-1 - This Court finds that the show cause notice was issued on the premise that the...
January 5, 2023
GST:
Classification of services - The contract for construction of new railway siding at Jhanjra Area of ECL against order received from M/s. RITES Ltd is covered under the...
January 5, 2023
I.Tax:
Reopening of assessment u/s 147 - sufficiency or inadequacy of reasons - There is no whisper in the impugned order as regards any failure on the part of petitioner to...
January 5, 2023
I.Tax:
Re-opening of the assessment / re-assessment u/s 147 - The borrowed opinion also being conspicuously absent in the instant case subsequent events also disclosing certain...
January 5, 2023
I.Tax:
Revision u/s 263 by CIT - sale of shares - valuation - The facts of the present case reveal that the invocation of power u/s 263(3) was justified. Though the said...
January 5, 2023
I.Tax:
Revision u/s 263 - the ITAT was at fault while setting aside the revision order - It ought to have seen the mistakes committed by the Assessing Officer which resulted in...
January 5, 2023
I.Tax:
Capital gain computation - expenses incurred towards fees paid to KPMG, Khaitan & Co. Bank Charges and other miscellaneous expenses in relation to the transfer of...
January 5, 2023
I.Tax:
TDS provisions to be read along with DTAA for computing the tax liability - As per the DTAA, the maximum deduction shall not exceed 10% which the assessee has deducted....
January 5, 2023
I.Tax:
Addition u/s 28(iv) - Sweat equity shares - shares have been allotted to the appellant without any amount being paid as consideration in lieu of the appellant being an...
January 5, 2023
I.Tax:
Addition u/s 44DA - PE/Business Connection of the assessee - scope of phrase 'effectively connected with' - the assessee has offered the fee for technical services on...
January 5, 2023
I.Tax:
TDS u/s 192 - commission paid to partner - considering the provisions of Explanation 2 to Section 15 of the Act which includes salary, bonus, commission or remuneration...
January 5, 2023
I.Tax:
Revision u/s 263 - The findings of ld Revisional Authority cannot be sustained as the enquiry in to the relevant issues is duly reflected in the assessment proceedings...
January 5, 2023
I.Tax:
Income deemed to accrue or arise in India - “Live” Feed or “modified” Feed - Allocation/apportionment of the Licensee Fee income - receipts from Set Setellite Singapore...
January 5, 2023
I.Tax:
Addition u/s 68 - Unexplained cash credits - share premium & security premium - source of alleged cash credit could not be explained - the provisions of section 68 have...
January 5, 2023
I.Tax:
TDS u/s 195 - Royalty - import of software - The payments in question is made by the user of the Red Hat Subscriptions for the purpose of availing convenient...
January 5, 2023
I.Tax:
Reopening of assessment u/s 147 - There is no doubt in the mind of the Bench that at one end the Reasons cited in notice u/s 148 of the Act was erroneous with regard to...
January 5, 2023
Cus.:
Refund of amount with interest from the date of levy till final payment at the rate of 15% per annum - petitioners did not challenge the assessment order under three...
January 5, 2023
Cus.:
Valuation of imported goods - undervaluation - deemed relationship between GOI, OMIFCO and the Appellants - related party or not - Department has not produced any...
January 5, 2023
Co.Law:
Vicarious liability of Additional Director - Non-executive Independent Directors or not - Officer in default - non repayment of deposits by the Company to the depositors...
January 5, 2023
IBC:
Seeking release of the corporate debtor from the rigours of CIRP - NCLT closed the CIRP proceedings despite the stay order by NCLAT against withdrawal Order - The...
January 5, 2023
S.Tax:
Demand of service tax - appellant had received ‘supply of tangible goods for use’ (STGU) service from foreign suppliers - reverse charge mechanism - The supply of ISO...
January 5, 2023
S.Tax:
Refund of service tax - The appellant has paid the service tax during the period 2011 to 2014 and claimed the refund in the year 2018. The claim has been rejected on the...
January 5, 2023
C.Ex.:
Cenvat Credit - duty paying documents - self service tax paid challans - service tax paid on ocean freight services availed - It is apparent that the claim of the...
January 5, 2023
VAT:
Disallowance of exemption under Section 5(2) of the CST - high sea sales - disallowance on the ground that same was not supported by documentary evidence - Bill of...
January 4, 2023
GST:
Seeking exemption from the levy of IGST, CGST, SGT and Custom Duty - It is for the Government to take a policy decision whether to completely exempt drugs for treatment...
January 4, 2023
GST:
Eligible unit for budgetary support - doctrine of promissory estoppel and legitimate expectation - sunset clause prescribed under Excise Exemption Notification, giving...
January 4, 2023
GST:
Levy of GST above the tender amount - whether the tender amount is inclusive of GST / Taxes or is only a Basic Amount - it is evidently clear that there was no auto...
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: Sec 16(4) Reversal of ITC when 3B is filed belatedly
F
: Addition of unaccounted supplies in the Returns
F
: ITC of FY 2017-18 blocked
F
: Export Services without LUT
F
: QUANTUM OF PENALTY UNDER THE IGST ACT
A
: DISTINCTION BETWEEN DEATH OF PLAINTIFF AND DEFENDANT DURING PENDENCY O...
A
: A Comprehensive Guide to Inter-State and Intra-State Supply
A
: Intermediary Services Nexus with Export of Services
A
: Assessment Order not valid when Petitioner could not file reply due to...
C
: Instruction on review of requirement of G-Card holders at a Customs St...
F
: Late claim of ITC -16(4)
F
: Penalty under Section 73(1) of CGST Act, 2017
F
: ONLINE SOFTWARE IMPORT DUTY CALCULATION REG
A
: Supreme Court orders about alleged bogus capital gains on alleged penn...
C
: Verification of authenticity and genuineness of Certificate of Origin ...
H
: Levy of interest and penalty - transition of amount wrongly claimed as...
C
: Acceptance of Electronic Certificate of Origin (e-CoO) issued by the i...
H
: Levy of penalty @200% - e-way bill which was generated by the appellan...
H
: Eligibility for Input Tax Credit - Failure to report outward supply - ...
H
: Seeking cancellation of the GST registration - The case involved a pet...
H
: Reference to Departmental valuation officer [DVO] without first reject...
H
: Validity of reopening of assessment - Validity of grant the approval b...
H
: Validity of reopening of assessment - Petitioner received another noti...
H
: Penalty levied u/s 271(1)(c) - Transfer pricing adjustment - assessee ...
H
: Disallowance of commission paid to foreign agents - The Tribunal uphel...
H
: Penalty u/s. 271(1)(c) - Referring to a precedent set by the Hon’ble S...
H
: Deduction u/s 80IA(4) - Disallowance of project facility expenses - Re...
H
: LTCG - deduction u/s 54 denied - Despite the assessees claim of having...
H
: Validity of assessment framed u/s 143(3) by Non- jurisdictional ITO - ...
H
: Addition u/s 69A - cash loans given by the assessee as unexplained - d...
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