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Highlights / Annotations / Catch Notes For October of 2019
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Showing 51 to 100 of 419 Records
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October 26, 2019
GST:
Levy of GST - The applicant is liable to tax for acting as an intermediary for booking of hotel rooms to the pilgrims from outside, if he does not satisfy all the...
October 26, 2019
GST:
Levy of GST - Charitable Activities - they are providing accommodation services to the pilgrims and charging the persons on a monthly basis or daily basis for...
October 26, 2019
GST:
Classification of services - composite supply or mixed supply - The services supplied by the applicant do not constitute a Composite Supply and would be a mixed supply,...
October 26, 2019
GST:
Rate of tax - sub-contract - Since this involves the works related to railway network, the contract can be said to be pertaining to Railways. The term “pertaining to...
October 26, 2019
GST:
Classification of services - auctioning of flowers - providing services for sale or purchase of agricultural produce - Since the applicant is a “commission agent” within...
October 26, 2019
I.Tax:
Addition on account of loss of sales of stock - assessee did not submit any stock statement and the bank considered the stock of the company as Nil - The expert has...
October 26, 2019
I.Tax:
Exemption on agricultural income - firm is not the owner of such agricultural land but the partners - assessee firm though not being the owner of the agricultural land...
October 26, 2019
I.Tax:
Genuineness of expenses - purchase of diesel and oil - the in-house consumption of diesel and oil cannot be neglected. But the fact that the assessee has not maintained...
October 26, 2019
Cus.:
100% EOU - principles of of promissory estoppel - It is settled law that in case of exemption, it is responsibility of the person claiming the exemption to satisfy that...
October 26, 2019
Cus.:
Classification of a product - long pepper/pippali - appellant classified their product under CTH 12119099 whereas the department proposed its classification under...
October 26, 2019
IBC:
Validity of Resolution plan - Now 270 days is being over as per calculation on the basis of the order of extension, we hold that in absence of any other reason, the...
October 26, 2019
IBC:
Extension of CIRP - not taking a decision by the CoC without any reason will not become a reason for exclusion of the time period from the CIRP period. Besides this, CoC...
October 26, 2019
S.Tax:
BAS - export of services or not - the sale of the products and services manufactured or provided by the Foreign Company have been made by the assessee to the Indian...
October 26, 2019
S.Tax:
Classification of service - local transportation/shifting charges collected by the Appellant which is inclusive of loading of tipper, transportation upto Railway Track...
October 26, 2019
S.Tax:
CENVAT credit - input services - Appellant was entitled to avail the Cenvat Credit on the three services, namely, construction service, clearing and forwarding service...
October 25, 2019
GST:
Classification - rate of GST - Wind Mills and accessories are proposed to be sold for a single price and hence it amounts to a composite supply with the supply of wind...
October 25, 2019
GST:
Levy of GST - On Job trainee - applicant acts as a pure agent - the applicant is only a conduit for the payment and the actual service is by the trainee to the trainer....
October 25, 2019
GST:
Classification of goods - Pooja oil - the product “pooja oil’ finds a very specific entry in Schedule II. Thus it is more appropriately covered under Sl. No. 27 in...
October 25, 2019
I.Tax:
Reassessment u/s 147 r.w.s 143(3) - continuance of assessment proceedings during stay period - The stay is operating against passing of the final assessment order. That...
October 25, 2019
I.Tax:
Reassessment u/s 147 r.w.s 143(3) - period of limitation - issuing another notice after issuing notice u/s 143(2) within prescribed period of limitation - exclusion of...
October 25, 2019
I.Tax:
Reopening of assessment u/s 147 - there is no basis to proceed on the premise that the allocation of shares was at an artificially high premium. Merely because a...
October 25, 2019
I.Tax:
Once the claim of expenditure is not found to be excessive or inflated then having regard to the fact that the actual work has been carried out at the site, the claim...
October 25, 2019
I.Tax:
Addition u/s. 40(a)(iib) with regard to surcharge on sales tax - contention of the Ld. AR is that expenditure mentioned in section 40(a)(iib) covers only expenditure...
October 25, 2019
I.Tax:
Levy of Penalty - receipt and repayment of loan in cash - When the three persons who are close family members of the assessee were not having any bank account in their...
October 25, 2019
I.Tax:
Levy of penalty imposed u/s 271(1)(c) - disallowance of deductions u/s 43B - the same cannot be amounted to concealment of particulars of income or furnishing of...
October 25, 2019
I.Tax:
Claim of expenses / loss towards misappropriation of funds by the director - misuse of the authority by the director of the company - the aforesaid loss has incurred in...
October 25, 2019
Cus.:
PIL against the DFIA Scheme - unwarranted loss of public money - case of petitioner is that respondents have failed to discharge their obligations and inaction of the...
October 25, 2019
Cus.:
Recovery of duty drawback already granted - mechanism is absent in Duty Drawback Rules, 1995 thus demand under Rule 16 of Drawback Rules, 1995 is not sustainable.
October 25, 2019
Cus.:
Difference in weighment of export goods - Advance license scheme - appreciating the fact that such difference was only 10%, there is no justification for the...
October 25, 2019
SEBI:
Financial results uploaded in XBRL mode did not contain the audit report - The violation, if any, appears to been done by inadvertent mistake, by a human error -in the...
October 25, 2019
SEBI:
Off market transfer of shares - intra group transfers - it cannot just be a coincidence that exact quantity of buy and sell would match within a time difference of less...
October 25, 2019
SEBI:
Non-disclosure of certain material information in the offer documents - This is a fit case where no penalty could be imposed and the question of imposing the maximum...
October 25, 2019
SEBI:
Unjust/ unlawful gains to the tune of US$ 92 million - violations noticed by SEBI relating to the issue of Global Depository Receipts (“GDRs”) by Cals Refineries Limited...
October 25, 2019
IBC:
CIRP - Right to claim over property - Maybe it is true that the charge was created over this property by the Bank with the consent of the Government, but that consent...
October 25, 2019
S.Tax:
VCES Declaration - reopening of proceedings/VCES Assessment on the basis of declarations made - There should be substantial and conscious misdeclaration for reopening a...
October 25, 2019
S.Tax:
CENVAT Credit - credit taken after availing the benefit VCES - The Board’s Circular also clarifies that Cenvat credit is eligible on the tax paid under VCES. As...
October 25, 2019
C.Ex.:
Classification of goods - Coal Tar Partially Distilled (CTPD) - Once “pitch” is obtained, it is a completely different product from “Tar”. Once a product is “Pitch”, it...
October 25, 2019
C.Ex.:
100% EOU - procurement of items duty free - use in manufacture and packing of goods - The appellants are eligible for exemption for Radio Modem and are not eligible for...
October 25, 2019
I.Tax:
Penalty levied u/s 271(1)(c) - the disallowances of expenses have been made by the revenue merely on the reason that the assessee could not produce the relevant vouchers...
October 25, 2019
I.Tax:
Deduction of expenses u/s 37(1) - employee’s benefit expense - tax revenue neutrality - if the income is being charged in the hands of the directors in the highest rate...
October 24, 2019
DGFT:
Import of PET flakes made from used PET bottles etc is "Prohibited" - The import PET bottle waste/scrap was already “Prohibited"
October 24, 2019
I.Tax:
Agreement between the Government of the Republic of India and the Government of the Kingdom of Morocco for the avoidance of double taxation and the prevention of fiscal...
October 24, 2019
GST:
Blocked credits or not - procurement of goods and/or services for installation of Chillers, Air Handling Unit (AHU), Lift, Escalators and Travellator, Water Treatment...
October 24, 2019
GST:
Rate of GST - constructions comprising entirely of construction of commercial space - The tax rate applicable on the supply of construction service to the land owner in...
October 24, 2019
GST:
Input tax paid on inputs relating to construction activity - Since the input tax credit is not available relating to his portion of the constructed building, the same is...
October 24, 2019
GST:
Exemption from GST - health care service provider - Since the applicant is offering diagnostic services, they would be covered under the term “clinical establishment” -...
October 24, 2019
GST:
ITC - furniture and fixture - The input tax credit of GST can be availed by the applicant on the detachable 14 mm Engineered wood with Oak top wooden flooring which is...
October 24, 2019
GST:
Classification of goods - Flavoured Milk - The instant product ‘flavoured milk’ is covered under ‘milk’ - the product merits classification under tariff heading 0402 99 90.
October 24, 2019
GST:
Classification of goods - rate of GST - the product conversion kit is specific to a particular engine i.e. auto rickshaw (three wheeler) - the LPG Conversion Kits are...
October 24, 2019
GST:
Rate of GST - HSN Code - e-campus solutions - What is leased in this case is not individual goods but all the goods involved in the set-up of an e-classroom. The moment...
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: GST of skill training services
F
: ITC under GST
F
: Delivery of assessment order
F
: typo error in 3B year 18-19
C
: Applicability of Notification No. 71/2023 dated 11.03.2024
C
: Enabling provisions for import of inputs that are subjected to mandato...
F
: Reconciliation of Eway bills
F
: Refund of IGST Charged and collected from Foreign Customer on Export o...
H
: Levy of penalty - non filling up of Part B of the e-Way Bill - existen...
H
: Violation of principles of natural justice - The court observed that w...
H
: Rejection of the petitioner’s claim for budgetary support - Violation ...
H
: Validity of determination of GST liability (demand) u/s 73(1) - Reject...
H
: Blocking the input tax credit against the petitioners - The High Court...
H
: Faceless Assessment Center u/s 144-B - territorial jurisdiction - The ...
H
: Non-jurisdictional AO proceeding with the assessment - decentralizatio...
H
: Deduction u/s 80-O - brandishing newspaper cuttings as proof to show i...
H
: Condonation of delay in filing of revised return of income - CBDT reje...
H
: Assessment completed u/s 144C against a petitioner/Non-Resident Indian...
H
: Exemption u/s 10(23C)(iiiad) - Threshold limit of Rs. 1 Crore - The Ap...
H
: Denial of deduction claimed under Chapter VI-A i.e. Section 80G/ 80GGA...
H
: Levy of penalties under various sections - The Appellate Tribunal, in ...
H
: Application seeking approval u/s 80G(5)(vi) rejected - Assessee is pre...
H
: Revision u/s 263 - Bogus LTCG/Share transaction - as per CIT AO failed...
A
: Mohit Agarwal Vs. CIT (All)- Appeal of assesse was earlier admitted th...
A
: DEPRECIATION ON GOODWILL
A
: Deciphering GST Notices: A Comprehensive Guide to Understanding and Re...
F
: ITC CLAIMED AFTER DUE DATE
F
: INQUIRY BY THE APPELLATE AUTHORITY
N
: Extension in Import Period for Yellow Peas under ITC (HS) Code 0713101...
C
: Uploading of judicial orders related to insolvency proceedings by Inso...
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Black Money .... Act, 2015
Black Money .... Rules, 2015
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