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Highlights / Annotations / Catch Notes For October of 2020
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Showing 151 to 200 of 382 Records
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October 19, 2020
S.Tax:
Classification of services - Business Auxiliary Services or not - Sales Promotion Agency - Although there is only one wholesale buyer, APBCL, their orders depend on the...
October 17, 2020
GST:
Classification of goods - HSN Code - rate of tax - pre-mix popcorn maize packed with edible oil and salt - This product is essentially corn kernels to which oils salt...
October 17, 2020
GST:
Refund of Input Tax Credit - rejection on account of Inverted Tax Structure - Export at concessional rate of GST - The burden to prove on which date and how the related...
October 17, 2020
I.Tax:
Disallowance of interest expenses against the income from other sources - Once the part of the borrowed fund is utilized for the purpose of business being introduction...
October 17, 2020
I.Tax:
Exemption u/s 11 - charitable activity u/s 2(15) - extra fees collected over and above prescribed fees - capitation fee - benefit of section 11 of the Act cannot be...
October 17, 2020
I.Tax:
Revision u/s 263 - AO himself initiated proceedings u/s.154 to rectify error apparent on record on the aspect of computation of LTCG goes to show that he had while...
October 17, 2020
I.Tax:
Income accrued in India - Amount received by the assessee from its distributors for sale of specialized software and maintenance and support services (including...
October 17, 2020
I.Tax:
Unexplained investment OR STCG - Investment in land from undisclosed sources made in purchase of land from various persons/farmers - Suspected short term capital gain...
October 17, 2020
Co.Law:
Compounding of offences relating to contravention - The quantum of penalty specified by the ROC in his report furnished maximum penalty prescribed under the relevant...
October 17, 2020
Co.Law:
Winding up order - The incorporation and conducting of business of the Company itself was with unlawful and fraudulent objects, and its affairs are being conducted in...
October 17, 2020
Co.Law:
Winding up of Company - failure to make payment of outstanding dues due to financial difficulty - the Petitioner has not taken any steps to comply office objections...
October 17, 2020
SEBI:
Board (SEBI) obligation to grant a personal hearing to the petitioner - The Petitioner has submitted the relevant material. Petitioner has also been given an opportunity...
October 17, 2020
C.Ex.:
Valuation - inclusion of transportation charges received by the appellant in the assessable value - it is now well settled that the buyer’s premises can never be the...
October 17, 2020
IBC:
Initiation of CIRP - "The right to sue", therefore, accrues when a default occurs. If the default has occurred over three years prior to the date of filing of the...
October 16, 2020
GST:
Detention of consignment alongwith the goods - revised e-way bill could not be uploaded into the system before the commencement of the transportation - the petitioner...
October 16, 2020
GST:
Refund of GST amount deposited during investigation - Search and seizure proceedings initiated by the 1st respondent against the petitioner under Section 67 of GST Act -...
October 16, 2020
I.Tax:
Assessment of trust - whether the assessee Trust is a determinate Trust or indeterminate Trust? - Once the benefits are to be shared by the beneficiaries in proportion...
October 16, 2020
I.Tax:
Penalty u/s 271(1)(c) - set off of business loss against income from other sources disallowed - Claim of the assessee is in consideration of the financial statements and...
October 16, 2020
I.Tax:
LTCG - Benefit of deduction u/s. 54 denied - CIT(Appeals) has gone by the fact that there was absence of Occupation Certificate but this will not be a ground to deny the...
October 16, 2020
I.Tax:
Levy of penalty u/s 271(1)(c) - wrong deduction of TDS @1% instead of 20.6% - purchase of immoveable property - seller is a Non Resident Indian - Assessee(s) are duly...
October 16, 2020
I.Tax:
Income accrued in India - nature of fees for technical services - the provisions of Section 9(1)(i) are not attracted in this case as no income has accrued or arised...
October 16, 2020
I.Tax:
Deduction u/s 10AA - once separate books of account have been maintained for each of the undertakings, there is no basis for the AO to allege that any of the expenses of...
October 16, 2020
I.Tax:
Penalty u/s 272A(2)(k) - delay in furnishing quarterly returns/statements - A.O. directed to levy penalty u/s 272(2)(k) of the Act from the date of payment of TDS up to...
October 16, 2020
Cus.:
Restriction on export of KN96 masks - RBI prohibited Merchanting Trade Transactions (MTT) / Receipt of consideration in foreign currency - the Government of India is the...
October 16, 2020
IBC:
Initiation of CIRP proceedings - In the order of NCLT, there was no finding rendered by the ‘Adjudicating Authority’ as to how a third party payment became a ‘Financial...
October 15, 2020
GST:
Classification of goods - ready to consume pouch milk fortified with vitamins A and D and small quantities of turmeric (Haldi) and black pepper extracts - The...
October 15, 2020
GST:
Construction of the pipeline in Bangladesh - Works contract service or not - export of service or not - place of supply of service - The provisions for deemed export...
October 15, 2020
GST:
Detention of consignment of goods - mis-classification of the goods - case of petitioner is that the alleged mis-classification of the goods cannot be a reason for...
October 15, 2020
I.Tax:
Discrepancy of stock - The conclusion reached by the Tribunal is coloured by the irrelevant consideration ignoring the relevant documents produced by the appellant...
October 15, 2020
I.Tax:
Assessment u/s 153A - sham loss on sale of shares - Assessee himself has discredited the entries pertaining the purchase and sale transactions of shares in its books....
October 15, 2020
I.Tax:
Penalty u/s 271E - breach of provisions of Sec. 269T - Cash payment to creditors - Mere nomenclature in a particular manner in a balance sheet will not be conclusive for...
October 15, 2020
I.Tax:
Penalty u/s 271(1)(c) & 271AA - It is mandatory requirement to obtain an independent accountant’s report/documents in respect of specified domestic transactions with...
October 15, 2020
I.Tax:
Taxation in the hands of the trust/AOP - Revenue recognition - Redemption of the relevant SRs had not taken place till 31.03.2012, therefore, the CIT(A) had rightly...
October 15, 2020
I.Tax:
Revision u/s 263 - assessee has made payment to persons specified u/s 40A(2)(b) - No enquiry has been done by the Ld. AO and if any enquiry has been claimed to have been...
October 15, 2020
I.Tax:
Revision u/s 263 - depreciation on the residential properties - Where the factual scenario of a case prima facie shows the description of property as residential and cry...
October 15, 2020
I.Tax:
Income accrued in India - providing bandwidth services outside India - The assessee company is a tax resident of Singapore, which is providing band width services to the...
October 15, 2020
I.Tax:
Depreciation on license fee paid for 20 years - intangible asset - deferred revenue expenditure - benefit of depreciation on the registration fee of paid to Indian...
October 15, 2020
I.Tax:
Addition invoking the provisions of Section 56(2)(ix) - advances received - AO observed that, the assessee had no intention to repay the creditors - The present case,...
October 15, 2020
Cus.:
Whether the Appellant was entitled to import ammonium nitrate? - Keeping in mind the fact that ammonium nitrate is an explosive in any combination containing more than...
October 15, 2020
Co.Law:
Ownership of shares - time limitation to claim ownership - The applicant, it appears, discovered, in and about April-June 1997 (after a gaop of about 4 years), that its...
October 15, 2020
Co.Law:
Disqualifications for appointment of a Directors - if the default is committed by company A by not filing financial statements or annual returns, the said director of...
October 15, 2020
IBC:
Liquidation Proceedings - Invocation of Bank Guarantee - there is no material to show that any fraud was played by the Corporate Debtor in obtaining Bank Guarantee from...
October 15, 2020
IBC:
Release of attachment on the plant and machinery, factory building, movable assets and bank accounts - Section 60(5) of I&B Code - since the Hon'ble High Court of Bombay...
October 15, 2020
IBC:
Initiation of CIRP - a perusal of the present Application would go on to show that it has been filed by the Applicant with an ulterior motive to usurp the provisions of...
October 15, 2020
S.Tax:
CENVAT Credit - non-reversal of proportionate credit - From application of the definition of ‘exempted services’ in rule 2 (e) of CENVAT Credit Rules, 2004, to the facts...
October 15, 2020
S.Tax:
Activity under the Joint Venture Agreement (JDA) - the activity undertaken by the appellant with its cost equivalence recorded in the books is nothing but capital...
October 15, 2020
S.Tax:
CENVAT Credit - exempt service or not - portion of payments (premium) received by the assessee that remains untaxed at the appropriate rate - The legislative intent of...
October 15, 2020
S.Tax:
Classification of services - Export of service or not - Management, Business Consultancy Services or Real Estate Agent service - appellant is engaged in providing...
October 15, 2020
Indian Laws:
Dishonor of Cheque - In the context of an offence under section 138 of the Act, by virtue of Explanation (b) to section 141 of the Act, only a partner of a 'firm' has...
October 14, 2020
GST:
Confiscation of goods alongwith vehicle - Section 130 of the CGST Act - As is well settled in law, the absence of reasons by an adjudicating authority in the order...
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H
: Seeking renewal of registration of Goods Service Tax (GST) - cancelled...
H
: Validity Of order passed without signed by the authority - Principles ...
H
: Demand of GST - The High court noted that the return of documents rais...
H
: Validity Of Order for Cancellation of Registration passed in Form GST ...
F
: PAYMENT TO CINE OR TV ARTISTS. LIABILITY UNDER RCM
H
: Reopening of assessment u/s 147 - second re-assessment notice u/s 148A...
H
: Reopening of assessment u/s 147 - non independent application of mind ...
C
: Extension period for 3 months to Ortho-phosphoric Acid which is used f...
H
: TDS u/s 194H - Higher rate of TDS @20% in absence of PAN - Commission ...
H
: Validity of assessment order u/s. 147 r.w.s 144 - Assessee being Non-R...
H
: Denial of deduction u/s. 10(23C) - Despite the filing of Form 10B duri...
H
: Rectification u/s 154 - Characterization of receipts - Exemption of in...
H
: Reopening of assessment u/s 147 - absence of valid approval to be obta...
H
: Revision u/s 263 - debatable issue - taxability of interest received b...
H
: Deduction u/s 80P2(a)(i) - Interest on fixed deposits - The Appellate ...
N
: Streamlining of Halal Certification Process for Meat and Meat Products
H
: Revocation of Customs Broker license - The Tribunal found no evidence ...
H
: Valuation of exported CD ROMS - Import of goods by availing excess exp...
A
: GST COLLECTION – NET COLLECTION DESERVE PUBLICATION/ REPORTING INSTEAD...
A
: Demand should not be raised when negative taxable and invoice value ar...
A
: Various Types Of Trusts and Their Importance
A
: IGST is not payable under RCM for services in Free-on-Board and Cost I...
N
: Amendment in Notification No. 60/2022 dated the 10th June, 2022 read w...
A
: MEETING OF CREDITORS - INSOLVENCY RESOLUTION PROCESS - PERSONAL GUARAN...
A
: Goods seized cannot be released by invoking writ jurisdiction if no ap...
A
: Various Types of Charges on Property
A
: Assessment Order quashed when Assessee incorrectly reported turnover i...
A
: Guidelines for AOs for initiating proceedings u/s 147 of I.T. Act, 196...
A
: Navigating the Business Landscape: The Imperative of Effective Cost Ma...
A
: REJECTION OF REPAYMENT PLAN
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Highlights October October 2020 Year 2020
