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Highlights / Annotations / Catch Notes For October of 2019
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Showing 101 to 150 of 419 Records
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October 24, 2019
I.Tax:
Correct head of Income - as the appellant-assessee did not carry out any systematic, recurring and in organised manner, any business activity nor there was any volume,...
October 24, 2019
I.Tax:
Deduction u/s.10B - Manufacturing - Export of Copper Cladded Glass expoxy Laminate (CCGL) - the change or the series of changes brought about by the application of the...
October 24, 2019
I.Tax:
Assessment order under the scheme of section 144C - the final order of assessment is passed pursuant to the direction of the learned dispute resolution panel but it...
October 24, 2019
I.Tax:
Revision u/s 263 - credit of TDS reflected in form No. 26AS - Once the material now cited before us was not available with the Pr. CIT, therefore, we do not find any...
October 24, 2019
I.Tax:
Revenue recognition - sale of under construction flats - AO directed to make an addition, bringing to tax by percentage completion method, the revenue out of the...
October 24, 2019
Cus.:
Demand of Penalty - the duty with interest and penalty (@15%) have been paid in full - the proceeding in respect of such person to whom notice is issued under...
October 24, 2019
IBC:
Step to be taken by the ‘Liquidator’ during the ‘Liquidation’. - the scheme must ensure maximisation of the assets of the ‘Corporate Debtor’ and balance the stakeholders...
October 24, 2019
PMLA:
Condonation of delay in filing appeal - the reasons for delay in filing the appeals were beyond the control of the appellant - Section 42 of the PMLA - Money Laundering...
October 24, 2019
C.Ex.:
Interest on delayed refund - the appellant is entitled to interest on refund from the date of filing the appeal (when such deposit under protest became pre-deposit under...
October 24, 2019
C.Ex.:
Levy of penalty - fraudulent availment of CENVAT Credit - It was contended that, Penalty under Rule 26(2) provision can be imposed only on a natural person. - The...
October 24, 2019
C.Ex.:
CENVAT credit - Diesel oil engine - it is not a specified capital goods item - The diesel oil engine is used in various places like water treatment plants, coke oven etc....
October 23, 2019
GST:
Concessional rate of tax - supply of trucks and its spare parts to Public Funded Research Institutions - The supply of trucks and spare parts by the applicant to SHAR,...
October 23, 2019
GST:
The delivery of spares by the applicant to the ultimate consumer on account of M/s. JNSIPL, Maharashtra, where invoice is raised against M/s. JNSIPL, Maharashtra and the...
October 23, 2019
GST:
Levy of GST - service of providing Hydraulic excavator and ten wheeler tippers to transport RDF (inerts) - there is no involvement of goods and only services are...
October 23, 2019
GST:
Supply or not - activity of depositing the timber / wood by the applicant in the Depot - There is no provision in the GST Act for shifting of the tax liability and...
October 23, 2019
GST:
Rate of tax - nature of supply - supply of printing (of the content supplied by the recipient of supply] is the ancillary to the principal supply of the answer booklet...
October 23, 2019
GST:
When an officer functioning under the GGST Act, acts in a highhanded and arbitrary manner in excess of the authority vested in him the same is required to be viewed very...
October 23, 2019
GST:
Profiteering - Sanitary Napkin - Respondent directed to reduce his prices by way of commensurate reduction keeping in view the reduced rate of tax and benefit of ITC...
October 23, 2019
I.Tax:
TDS u/Sec. 194J /194C - sale of Shrink- Wrapped-packaged software on CD/DVD - Section 119(1), there is no duty cast upon the CBDT to issue clarification and decide the...
October 23, 2019
I.Tax:
Withholding of refund claim in exercise of powers u/s 241A - Scope and validity of reasons recorded by the AO - the exercise of the powers would not be justified in...
October 23, 2019
I.Tax:
Validity of reassessment proceedings - Since the jurisdiction of the assessee was not predetermined prior to notice issued U/s 148 of the Act as the assessee has not...
October 23, 2019
I.Tax:
Depreciation on the intangible assets/goodwill - the assessee was allowed for depreciation in respect of such goodwill in the 1st year of amalgamation i.e. AY 2006-07....
October 23, 2019
I.Tax:
Additions towards On money received on sale of property - the addition cannot be made in the hands of the assessee, as denial of opportunity to the assessee to...
October 23, 2019
I.Tax:
Validity of reopening of assessment u/s 147 - source of loan given by the assessee - The sort of enquiry, if warranted, ought to have been conducted in the hands of the...
October 23, 2019
I.Tax:
Penalty u/s 272A(2)(e) - delay in filing the return of income - Provisions of Sec.139(4A) makes a reference only to provisions of Sec.11 and 12 and not to the provisions...
October 23, 2019
I.Tax:
Disallowance of expenditure u/s 37(1) - Amount paid as penalty for using electricity during restricted hours - the amount paid being penalty, the AO was justified in...
October 23, 2019
Cus.:
Valuation of imported goods - Undervaluation and misdeclaration - enhancement of value based on NIDB data - reliance on unauthenticated Email, retracted statements - the...
October 23, 2019
C.Ex.:
SSI Exemption - use of brand name of others - both the firm belong to the same family members. In this position, it cannot be said that one is using the brand name of others.
October 23, 2019
VAT:
Plainly, the books of account had been rejected for varied reasons that have been noted and considered by the Tribunal as well. That being a question of fact and...
October 22, 2019
GST:
Input tax credit - Whether input GST credit can be availed by the applicant on the inputs i.e. Electrical Works, Pumps, Pumping systems and tanks, Lighting system,...
October 22, 2019
GST:
Levy of GST - online educational journals and periodicals are supplied to the Educational Institutions other than to preschool and higher secondary school or equivalent...
October 22, 2019
GST:
Supply of services - supply of OIDAR services to customers in India - The burden of proving that the a unregistered person located in the taxable territory has received...
October 22, 2019
GST:
Exemption from GST - Sale of unbranded Rice - The manufacturers can hold the registered brand name while selling the rice under unregistered brand after following all...
October 22, 2019
GST:
Classification of supply - The applicant is supplying items of food as a part of service and since the provision of eating in the premises is provided or the customers...
October 22, 2019
GST:
Proceedings before the National Anti-profiteering Authority - The litigant is entitled to be heard by all members who are the ultimate decision-makers so the litigant...
October 22, 2019
GST:
Profiteering - Respondent had increased the price of the flat after the introduction of GST - benefit of Input Tax Credit (ITC) not passed on - the Respondent has...
October 22, 2019
Cus.:
Over-Valuation - Import of Coal of Indonesian Origin - Even though the custom officers possess the said power, they do not become police officials within the meaning of...
October 22, 2019
I.Tax:
Education expenses - the expenses incurred by the assessee company on the education of its director who was pursuing a management course, can safely be held to have been...
October 22, 2019
I.Tax:
Even in the event of addition being made u/s. 68 in the set aside proceedings, the assessee should be given the benefit of set off of current year’s business loss...
October 22, 2019
I.Tax:
Taxation of succession fee - value of any benefit or perquisite in the hands of Directors - the assessee has no obligation to make any payment towards success fee paid...
October 22, 2019
I.Tax:
Income accrued in India - Referral fees has been received by the assessee on account of the referral made by assessee for the potential rendering of services by HSCI to...
October 22, 2019
I.Tax:
Genuinity of transaction of purchase of trademark - it is outside the domain of the AO to question the necessity of incurring an expenditure - intangible assets such as...
October 22, 2019
I.Tax:
The peak credit is applied where the assessee can correlate the deposits viz a viz withdrawal from the bank. As the assessee failed to establish the correlation between...
October 22, 2019
Cus.:
Refund of differential duty - assessment order not challenged - there are no option but to hold that the appeals are not sustainable and need to be rejected.
October 22, 2019
S.Tax:
Refund of service tax - SEZ unit - The Notification provides that claim for refund shall be filed within one year from the end of the month, in which actual payment of...
October 22, 2019
C.Ex.:
Process amounting to manufacture - classification - placing of the vegetables cuisine, rice, roti, salad etc. on a tray and placing the leaflets bearing the logo as well...
October 22, 2019
C.Ex.:
Maintainability of appeal - a new legal issue raised, that the appellant was a Partnership Firm and the same was dissolved by Dissolution Deed dated 09.03.2007,...
October 22, 2019
VAT:
Condonation of delay in filing of an Appeal - Even if the possession being taken by the bank u/s 13(4) of the SARFAESI Act, there is no bar, therefore, for the...
October 21, 2019
Cus.:
Recovery of Duty Drawback - Petitioners has raised three issues namely (i) Effect of repeal of duty drawback rules 1995 w.e.f. 01.10.2017 (ii) Absence of mechanism to...
October 21, 2019
Cus.:
Recovery of Duty Drawback - goods were exported during 2010-2013 and Show Cause Notice was issued on 30.7.2018 - period of 5 years from the date of export/assessment is...
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H
: Validity Of Order passed u/s 73 - cryptic order - The High Court found...
H
: Validity Of Order passed u/s 73 - Denial of ITC with respect to the su...
F
: PAYMENT TO CINE OR TV ARTISTS. LIABILITY UNDER RCM
H
: Demand of late fee u/s 47(1) of the CGST / SGST Act - delay in filing ...
H
: Transitional credit - Unutilized amount of Advanced VAT paid - The cou...
H
: Validity of Reassessment notices issued unsigned - maintainability of ...
H
: Unexplained cash credit u/s 68 - The Court highlighted that transactio...
H
: LTCG - Receipt of additional amount towards TDR - treatment to receipt...
H
: Validity of Assessment order u/s 147 r.w.s. 144B - Procedural Irregula...
C
: Extension of due date for filing of Form No. 10A/10AB under the Income...
H
: Condonation of delay - substantial delay of 166 days before ITAT - The...
H
: Income deemed to accrue or arise in India - Attribution of Profit to p...
H
: Condonation of delay - Delay in filling of an appeal before ITAT - The...
H
: LTCG - Determination of Fair Market Value (FMV) - The Assessing Office...
N
: Export of 2,000 MT of White Onion under Code 0703 10 19
F
: Sec 16(4) Reversal of ITC when 3B is filed belatedly
C
: Ease of Doing Business: Text on Contract Note with respect to Fit and ...
H
: Rejection of application for registration u/s 12AA(1)(ac)(iii) r.w.s 8...
H
: Estimation of income - bogus purchases - The Tribunal recognized the a...
H
: Penalty u/s 270A - allegation of misreporting as per section 270A(9) -...
A
: REFUND OF ITC ON EXPORT OF GOODS WITHOUT PAYMENT OF TAX – RULE 89(4) O...
A
: FILING APPEAL AS PER THE DIRECTIONS OF HIGH COURT
A
: Understand the Contrasts between Government and Public Limited Companies
A
: PIL challenging provisions of 101st Constitutional Amendment Act relat...
N
: Exemption from specified income U/s 10(46) – ‘Kerala Autorickshaw Work...
C
: Unauthorised foreign exchange transactions
A
: Excess or Short Payment of Customs Duty on Import of goods into India
A
: AVAILABILITY OF GOOD FAITH CLAUSE IN SECTION 157 OF THE GST ACT TO THE...
A
: Understanding the Scope of Accounting.
A
: GST not payable on amount recovered from permanent employees for cante...
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