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Highlights / Annotations / Catch Notes For October of 2021
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Showing 151 to 200 of 421 Records
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October 19, 2021
GST:
Validity of assessment order - The respondent had scrupulously followed Section 75(4) of the GST Act and it was only the appellant who chose not to avail the...
October 19, 2021
GST:
Maintainability of appeal - filing of TRAN-1 credit denied - permission to file revised Form GST TRAN-1 manually or otherwise to carry forward credit - Like cases should...
October 19, 2021
I.Tax:
Reopening of assessment u/s 147 - Non speaking order disposing of objections against reopening - Disposal of this matter is needed as dealing with the objections to the...
October 19, 2021
I.Tax:
Reopening of assessment u/s 147 - reasons to believe - no income under the head income from House Property has been offered by the assessee during the year under...
October 19, 2021
I.Tax:
Expenditure on account of freebies to medical professionals - deduction u/s 37(1) - It is an open secret, secret if it is, that all these freebies extended by the...
October 19, 2021
I.Tax:
Bogus LTCG - Violation of principles of natural justice - before making addition in the hands of assessee proper opportunity of cross examining and opportunity to reply...
October 19, 2021
I.Tax:
Losses written off - ‘business loss’ or ‘capital loss - The present facts of the assessee’s case shows that the investment was made not for the purpose of expansion of...
October 19, 2021
I.Tax:
Revision u/s 263 by CIT - lack of inquiry v/s inadequate inquiry - apparently from the records and as per the observations of the Ld. PR. CIT, coupled with the failure...
October 19, 2021
I.Tax:
Penalty levied u/s. 271(1)(c) - undisclosed income surrendered during the course of survey - Assessee cannot be held to have concealed or furnished the particulars of...
October 19, 2021
I.Tax:
Revision u/s 263 by CIT - unexplained cash credit under section 68 - AO has verified the information submitted by the assessee based on the directions from co-ordinate...
October 19, 2021
I.Tax:
Addition u/s 68 - unsecured loan - unexplained cash credit - the assessee has discharged the primary onus by proving the identity of the creditor, genuineness of the...
October 19, 2021
I.Tax:
Penalty levied u/s 271 CA - violation of provisions of section 206C - tax collected at source is deposited, interest levied thereon have also been deposited and form...
October 19, 2021
Cus.:
Illegal clearance of consignment - consignment was cleared manually without making any entry by the Customs Department - Taking note of the tardy, casual and...
October 19, 2021
Cus.:
Applicability of precedent judgements - Refund of SAD - rejection on the ground of time limitation - Doctrine of precedence only mandates that it is the ratio in the...
October 19, 2021
S.Tax:
Rejection of declaration for Tax Relief under the provisions of Sabka Vikas [Legacy Dispute Resolution) Scheme, 2019 - mistake apparent on record or sufficient reasons...
October 19, 2021
VAT:
Levy of entertainment tax - charges collected from students by the petitioner for utilizing facilites of MARENA - In the present case also we are dealing with an...
October 19, 2021
Indian Laws:
Dishonor of Cheque - locus standi to file the complaint under Section 138 of NI Act - Since complainant specifically pleaded in the complaint that he is proprietor of...
October 18, 2021
I.Tax:
Validity of assessment u/s 144 r.w.s. 144B - As argued assessment order is an exact reproduction of the draft assessment order except one sentence which has been added...
October 18, 2021
I.Tax:
Assessment u/s 153A - the concluded assessments cannot be interfered unless there is incriminating material discovered from the seized documents belonging or pertaining...
October 18, 2021
I.Tax:
Disallowance of depreciation - no business activity was carried out by the assessee company - The use of individual asset for the purpose of business may be examined...
October 18, 2021
I.Tax:
Taxability of write back of 'Non-Plan Government Loans' claiming the same to be capital receipts not chargeable to income-tax - it could not be said that the assessee...
October 18, 2021
I.Tax:
Reopening of assessment u/s 147 - Disallowing claim of weighted deduction of 175% under section 35(l)(ii) on the ground that donation receipt is not submitted -...
October 18, 2021
I.Tax:
Loss arising from Inventory write off - disallowance of shortage in the value of inventory - shortfall in inventory - the assessee has engaged the services of a leading...
October 18, 2021
I.Tax:
Exemption u/s 11 - Denial of exemption as assessee is into providing buses on hire for excursion, wedding, pilgrimage etc., to general public and charges for such...
October 18, 2021
I.Tax:
Disallowance u/s 37 (1) on account of 'job charges' - onus to prove - Disallowance of 10% of the expenses - Having accepted the books of accounts, disallowing 10% of the...
October 18, 2021
I.Tax:
Nature of receipt - money received by the assessee for issue of shares but the shares could not be issued due to contravention of FEMA guidelines - AO treated the same...
October 18, 2021
I.Tax:
Addition on account of inflation of purchases - suppliers were not maintaining the stock register and their books of accounts were rejected at the time of assessment...
October 18, 2021
Cus.:
Valuation of imported goods - related party transaction - rejection of declared value - failure of the appellant to submit evidence of identical/contemporary imports -...
October 18, 2021
Cus.:
Absolute confiscation - import of Peas (Pisum Satvium) including Yellow Peas, Green Peas, Dun Peas and Kaspa Peas - restricted item or not - The Hon'ble Supreme Court in...
October 18, 2021
Cus.:
Revocation of Customs Broker License - Forfeiture of security deposit - levy of penalty - mis-declaration on part of the Exporter - violation of the provisions of...
October 18, 2021
Cus.:
Revocation of Customs Broker License - proceedings have taken place without supplying the relied upon documents to the appellant - violation of principles of natural...
October 18, 2021
IBC:
Admissibility of application filed under CIRP during pendency of the proceeding of SARFAESI Act, 2002 - extension of period of limitation as per section 18 of Limitation...
October 18, 2021
S.Tax:
Refund of unutilized CENVAT Credit - rejection on the ground that the appellant did not debit the amount of refund claimed at the time of fling the refund claim - the...
October 18, 2021
S.Tax:
Levy of service tax - service to financial institutions in relation to selling of their loan products to their customers - taxability of commission - It is abundantly...
October 18, 2021
Indian Laws:
Removal of names of the petitioners from the list of wilful defaulters - This Court is of the view that the names of the writ petitioners cannot be removed from the list...
October 16, 2021
I.Tax:
Claim of interest expenditure on loan - put to use - Tribunal was right in allowing the appeal filed by the assessee and holding that the term “put to use” applies to...
October 16, 2021
I.Tax:
Addition u/s 68 - unsecured loan - Very fairly, the learned Senior counsel has submitted that, specifically that chance of personal hearing, though was not asked by the...
October 16, 2021
I.Tax:
Reopening of assessment u/s 147 - Scope of conditions as envisaged as per provisions of Section 151 - in the present case, the conditions U/s 151 of the Act for...
October 16, 2021
I.Tax:
Appeal before the CIT(A) against the draft order - It is only the appeal filed by the assessee against the order u/s 144C(3) passed by the AO on 23.01.2020 that an...
October 16, 2021
I.Tax:
Rate of tax u/s 115A - Incorrect tax rate applied by the assessing officer on the income offered by the assessee - if strict and literal interpretation of a statutory...
October 16, 2021
I.Tax:
Revision u/s 263 by CIT - The power of the Commissioner under Section 263 of the Act is in the nature of supervisory jurisdiction. This power is granted to correct an...
October 16, 2021
I.Tax:
Exemption u/s 10(10D) on the maturity value of the Keyman Insurance Policy - Assessee received the amount on maturity of Keyman Insurance Policy after coming into effect...
October 16, 2021
I.Tax:
Reopening of assessment u/s 147 - Reopening based on information of investigation wing - Bogus purchases - two well known entry operators of the country provided bogus...
October 16, 2021
I.Tax:
Revision u/s 263 by CIT - Even if we agrees to the contention of the Ld. A.R. of the assessee that Explanation 2(c ) below section 263(1) of the Act is not applicable...
October 16, 2021
I.Tax:
Revision u/s 263 - scope of limited scrutiny - PCIT has directed the AO to pass the assessment order afresh ignoring that when the case is selected for limited scrutiny,...
October 16, 2021
IBC:
Supersession of Board of Directors of respondent No.2 - appointment of the administrator further mentioning that respondent No.1 intends to shortly initiate the process...
October 16, 2021
IBC:
CIRP process - security deposit and/or intercorporate deposit - Whether this ‘Security Deposit’ and the interest thereon would fall within the ambit of the definition of...
October 16, 2021
IBC:
Liquidation of Corporate Debtor - timeline prescribed in the liquidation proceedings or not - Since the objective of the IBC is to prefer resolution over liquidation and...
October 16, 2021
S.Tax:
SEZ units - refund of service tax paid on input services used in the authorized operations - rejection of claim on the ground that the refund claim is filed beyond the...
October 16, 2021
S.Tax:
Refund of service tax paid - Export of services or not - intermediary - Rule 2(f) read with Rule 9 of Place of provision of Service Rules, 2012, clearly provides that...
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: Validity of Orders passed u/s 73 - excess claim of Input Tax Credit [I...
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: Recovery of demand of service tax - CIRP Proceedings under IBC - The e...
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: Unauthorised foreign exchange transactions
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: Seeking rectification in Form GSTR-1 - limitation period - Works contr...
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: TP Adjustment - selection of MAM [Most Appropriate Method] - The High ...
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: Deemed income u/s 56(2)(x) - Defective Show cause notice - Addition of...
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: Obligation to pass a draft assessment order u/s 144C (1) - Petitioner ...
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: Rejection of application u/s 119(2)(b) for condoning the delay in fili...
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: Addition of the suppressed gross receipts as were disclosed by the ass...
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: Validity of Assessment order as time barred - delay dispatching assess...
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: Partial modification of Circular No. 3 of 2023 dated 28.03.2023 regard...
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: AVAILABILITY OF GOOD FAITH CLAUSE IN SECTION 157 OF THE GST ACT TO THE...
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: Understanding the Scope of Accounting.
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: GST not payable on amount recovered from permanent employees for cante...
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