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Highlights / Annotations / Catch Notes For October of 2020
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Showing 1 to 50 of 382 Records
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October 31, 2020
GST:
Transitional Credit - merely because there were no technical glitches in the GSTN with respect to the Petitioner’s TRAN-1 which was admittedly filed in time, the claim...
October 31, 2020
GST:
Provisional attachment of Bank Accounts - Section 83 of the GST Act, 2017 - the opinion to be formed by the Commissioner or take a case by the delegated authority cannot...
October 31, 2020
I.Tax:
Capital gain computation - adoption of stamp duty value fixed by the DRO (Stamps) - The recomputation of the total sale consideration based on the higher value fixed by...
October 31, 2020
I.Tax:
Taxation of intermediary services - Intermediary services rendered by the appellant do not make available any technical knowledge, skill etc to BTIN and BTIN is not a...
October 31, 2020
I.Tax:
Disallowance of depreciation is use of BMW car by the director of assessee - The car in question was a business asset and depreciation had to be allowed on the same. The...
October 31, 2020
I.Tax:
Income declared in the survey carried out u/s 133A - Disallowance of salary to partners claimed u/s.40(b) - We are confronted with a situation, in which both the source...
October 31, 2020
I.Tax:
Liability for payment of arrears of salary - As a certain liability for the impugned assessment year. The assessee company can make provision for the certain liability...
October 31, 2020
I.Tax:
Attributing income to the PE, under the DTAA - The income to the foreign branch from the credit given to its card holders outside India cannot be taxed in the hands of...
October 31, 2020
I.Tax:
Validity of reopening of the assessment - A letter was filed by the assessee at the fag end of the assessment proceedings as the assessment order was finally passed on...
October 31, 2020
I.Tax:
Characterization of income - Capital or revenue receipt - Section 41(1) of the IT Act particularly deals with the remission of trading liability whereas in that case,...
October 31, 2020
Cus.:
Target Plus Scheme - Direction to the Respondents to issue balance/additional duty credit scrips - star export house - When one part of the benefit for a year was given,...
October 31, 2020
Co.Law:
Grant of Bail - Oppression and Mismanagement - appointment of Applicant as Director on the basis of forged director - It is alleged that Ex-Director without discussion...
October 31, 2020
Co.Law:
Restoration of name of the Company in the Register of Companies - Company is able to demonstrate that it is just to do so, can restore the name of the Company, in the...
October 30, 2020
GST:
Effective date of registration certificate - conversion of the provisional registration to a permanent registration - When the provisional registration granted to the...
October 30, 2020
GST:
Interest on late payment of GST - Calculation of Interest - The question has been answered by the Board in the administrative instructions dated 18.09.2020 by...
October 30, 2020
I.Tax:
Correct head of income - gains arising on cashless exercise of stock options - it was not open for the revenue to take one stand in case of the assessee and to challenge...
October 30, 2020
I.Tax:
Income recognition - Entitlement to follow accounting standard 9 for revenue recognition in respect of TPA fee received from insurance companies - It is evident that the...
October 30, 2020
I.Tax:
Deemed dividend - accumulated profit - admittedly, the reserve and surplus amount does not show any accumulated profit but the amount shown is loss as well as premium on...
October 30, 2020
I.Tax:
Premium for hedging foreign exchange fluctuations on loans - capital expenditure u/s 43A - depreciation claim - It cannot be said that the loan borrowed in Foreign...
October 30, 2020
I.Tax:
Entitled for deduction u/s 80IA(4) - Container Freight Station constitutes an 'inland port' - the ICDs are Inland Ports and subject to the provisions of the Section and...
October 30, 2020
I.Tax:
Reopening of assessment u/s 147 - Notice issue beyond periods of four years or not - In response to the notice, the assessee itself had withdrawn the claim u/s 80IA -...
October 30, 2020
I.Tax:
MAT credit u/s 115JAA - Whether MAT credit includes surcharge and education cess instead of excluding surcharge and education cess - The Hon'ble Supreme Court explained...
October 30, 2020
Cus.:
Valuation - Detention of goods - Petitioner contended that, Authorities have raised frivolous queries - Manner in which adjudication order has been passed - If this Writ...
October 30, 2020
Cus.:
Request for amendment of Bills of Lading - It is trite law that circulars cannot assume the role of the Principal Act lest the provisions only a binding force. If at all...
October 30, 2020
Cus.:
Import of Gold from Korea - Valid import or not - it is evident that on the date when the gold granules were imported i.e., on 21.09.2017, there was no restriction on...
October 30, 2020
Cus.:
Baggage Rules - high value electronic items - the addresses of web sites from where the values are taken are not mentioned. Copies or screenshots of websites displaying...
October 30, 2020
Cus.:
Grant of Anticipatory Bail - The applicant has not yet been made an accused. But he apprehends arrest. There are no sufficient material to show that he will be arrested....
October 30, 2020
S.Tax:
Rejection of application filed under Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 (SVLDRS) - there are no hesitation to hold that petitioner was eligible to...
October 30, 2020
C.Ex.:
CENVAT Credit - input services - outward transportation of its finished goods - In the instant case, the availment of credit on outward transportation from factory gate...
October 29, 2020
GST:
Valuation - Sale of vehicles - Demand of differential amount of token tax/fees of the vehicles sold - Any clarification issued by the department to a notification cannot...
October 29, 2020
I.Tax:
Addition u/s.69A r/w Sec. 115BBE - unexplained cash found during search - Locker was last operated on 29.10.2015. The fact that the locker has not been operated in the...
October 29, 2020
I.Tax:
Benefit of Vivad Se Vishwas Scheme ('VVS Scheme') - Appeals of the Revenue should be disposed of with the liberty to the Department that if the Department does not issue...
October 29, 2020
I.Tax:
Employees contribution received from its employees towards PF/ESI - deposited with PF/ESI authorities beyond the time stipulated under the relevant PF/ESI Act but were...
October 29, 2020
I.Tax:
Benefit of Vivad Se Vishwas Scheme ('VVS Scheme') - The assessee is given liberty to restore this appeal in the event the ultimate decision to be taken on the...
October 29, 2020
I.Tax:
Income recognition - Accrual of income - the addition made by shifting back the gross sale receipts recognized by the assessee in FYs 2011- 12 & 2012-13 to FY 2010-11,...
October 29, 2020
I.Tax:
Revision u/s 263 - unaccounted purchases - The narration of facts clearly demonstrates that neither the AO failed to make proper investigation nor did he reach any wrong...
October 29, 2020
S.Tax:
Liability of Service Tax - Failure on the part of the service recipient to pay the amount under the service provider agreement cannot be a reason sufficient enough for...
October 28, 2020
GST:
Rebate claim - import / export of goods under Advance Authorization (AA) License - The petitioner has availed benefits under Advance Authorization License scheme as per...
October 28, 2020
GST:
Profiteering - purchase of flats - allegation of Respondent had not passed on the benefit of Input Tax Credit (ITC) to them by way of commensurate reduction in prices of...
October 28, 2020
I.Tax:
Assessment of trust - Determinate Trust or indeterminate Trust - Section 164(1) - That Section comes into play only where any income or any part thereof is not...
October 28, 2020
I.Tax:
Interest earned from the unutilized capital subsidy and equity - Interest earned from the borrowed funds (short term temporary deposits) - interest from borrowed funds...
October 28, 2020
I.Tax:
Claim of depreciation as an application of income towards the income earned by the assessee society - It was the bounded duty of the parties i.e. assessee as well as the...
October 28, 2020
I.Tax:
Unexplained jewellery - By no stretch of imagination if tax is at all due the same is equivalent to 100% value of the jewellery found. Furthermore, the Revenue...
October 28, 2020
I.Tax:
TDS u/s 195 - Rates specified in Section 206AA - The Special Bench held that DTAA overrides the Act, even if it is inconsistent with the Act. DTAAs are entered into...
October 28, 2020
I.Tax:
Additions towards amount lying in bank account as unexplained money - the assessee right from beginning has made it very clear that the bank account belongs to his...
October 28, 2020
I.Tax:
Accrual of income - Addition being notional interest income - Where the principle amount of loan/advance is doubtful of recovery interest thereon cannot be accrued and...
October 28, 2020
Co.Law:
Disqualification of Director - The petitioners have duly accepted the fact of non-filing of Annual Return and Financial statement; however, attributes it to be officers...
October 28, 2020
S.Tax:
Cenvat Credit - The issue is no longer res integra; there is no provision under Notifications 1/2006 or 15/2004 that such credit legally availed prior to 1.3.2006, under...
October 28, 2020
S.Tax:
Delay in filing of appeal - Proof of delivery of adjudication order - Department has to prove the delivery of the orders and dispatch of the order is not sufficient for...
October 28, 2020
VAT:
Benefit of exemption - Once the firewood is put to any other use than as fuel, it would not be entitled to exemption of tax. It is trite that an exemption notification...
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: A simplified GST guide designed for commission agents and brokers.
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: Delhi HC issued notice to decide on the taxability of providing corpor...
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