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Highlights / Annotations / Catch Notes For October of 2021
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Showing 51 to 100 of 421 Records
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October 27, 2021
GST:
Input Tax Credit - inputs/input services procured by the applicant to implement the promotional scheme under the name 'Buy n Fly' - The input goods/services in the form...
October 27, 2021
GST:
Classification of goods - four toys in which physical force is the primary action and have electronic circuits/parts for providing light, music, horn etc arc ‘electronic...
October 27, 2021
I.Tax:
Addition u/s 2(22)(e) - deemed dividend - What is required to be seen is whether CAPL has advanced moneys as pure loan amounts or for business purposes. The agreements...
October 27, 2021
I.Tax:
Validity of selection of case for scrutiny under compulsory scrutiny criteria - the assessee has challenged the scrutiny assessment as the Assessing Officer has not...
October 27, 2021
I.Tax:
Assessment u/s 153A - Addition u/s 68 - incriminating documents - Demat statements and real time transactions through screen based trading on recognized stock exchanges....
October 27, 2021
I.Tax:
Disallowance of proportionate interest u/s 36 (1) (iii) - when assessee had sufficient funds, why should it depend on borrowed funds. In any case, if at a given point of...
October 27, 2021
I.Tax:
Loss incidental to business - non-recovery of certain business advances - Once assessee had any business transaction with any party during the course of which if...
October 27, 2021
I.Tax:
Undisclosed capital gain - The approach of the revenue authorities in treating the oral statement of the searched person as sacrosanct in total disregard to the...
October 27, 2021
Cus.:
Entitlement to O&M benefits (fiscal benefits covered under Section 26 of the SEZ Act in respect of maintenance and duty free import to raw materials and consumables for...
October 27, 2021
Co.Law:
Effective date of Resignation from the post of Managing Director - Compiling Proceedings against the Director / Petitioner for Non-appointment of Woman Director in the...
October 27, 2021
IBC:
Initiation of CIRP - It is clear that Respondent ‘Eastern Embroidery Collections Private Limited’ was the Corporate Guarantor of the Principal Borrower ‘Eastern...
October 27, 2021
VAT:
Rejection of input tax credit - Fictitious dealers - Bogus supplier - protective assessment under Section 38[5] of the Act - levy of penalty - since it is established...
October 27, 2021
Indian Laws:
Difference between Fee and Tax - water and sewerage taxes levied and collected - legislative competence of State Legislature to levy the tax under the provisions of...
October 27, 2021
Indian Laws:
Seeking grant of Bail - Breach of Trust - trading in crypto currency - collection of huge amounts from gullible investors - Coupled with the factum that after allegedly...
October 26, 2021
GST:
Seizure of goods alongwith the conveyance - valid E-way bill or not - The appellant-authorities contention that the consignment was being delivered on 2.1.2019 and...
October 26, 2021
GST:
Levy of GST - activity of disposal of developed plots of land to allottee members - If the applicant sells the land after developing by way of erecting a civil structure...
October 26, 2021
I.Tax:
Determining the income on mining activity - increase in expenditure of re-screening charges in the course of extraction of iron ore - the attempt made by the assessee to...
October 26, 2021
I.Tax:
Jurisdiction of DCIT Bengaluru to issue notice u/s 153C - transfer of case u/s 127 - it is ex-facie apparent that the notices under Section 153C were issued prior to...
October 26, 2021
I.Tax:
Transfer pricing adjustment made because of interest charged on delayed receivables - As before the TPO the assessee had furnished certain evidences including the bank...
October 26, 2021
I.Tax:
Exemption u/s.11 - Charitable activity u/s 2(15) - it is fairly settled legal position that it is the pre-dominant objective which would be relevant to examine the...
October 26, 2021
I.Tax:
Expense for obtaining special number for car - the orders of the authorities below are appropriate that expenditure for obtaining “fancy number for the car” is not at...
October 26, 2021
I.Tax:
Disallowance u/s 40(a)(ia) of the I.T. Act for non-deduction of TDS - the assessee had obtained and furnished the certificate of the CA of the broker wherein it has been...
October 26, 2021
IBC:
Power of tribunal to review application - It is the well laid down proposition of law that ‘in the absence of any power of ‘Review’ or ‘Recall’ vested with the...
October 26, 2021
C.Ex.:
Excisable goods - even though the product in this case is marketable, it does not answer to the question of ‘excisable goods’ as, practically there can be no levy of...
October 26, 2021
C.Ex.:
Activity amounting to manufacture or not - fixing of a lens in a spectacle frame - Post manufacture of the spectacle frames and lenses, the goods are sent separately to...
October 26, 2021
C.Ex.:
Rebate Claim - In the present case, the goods were removed for export on payment of Central Excise duty on 22-6-2017 (i.e. not earlier than six months from 1-7-2017) and...
October 26, 2021
Indian Laws:
It is very difficult to believe that PW13 who was not knowing the accused Nos.2 and 4 prior to the incident could identify them in the Court after lapse of 11 years....
October 26, 2021
Indian Laws:
Dishonor of Cheques - legally enforceable debt or not - Rebuttal of presumption - The cheques pertain to these 4 cases, have been issued by the accused only to discharge...
October 25, 2021
GST:
Seeking grant of Anticipatory Bail - availing input tax credit either using the invoices or bills or fraudulently availing such input tax credit without any invoice or...
October 25, 2021
I.Tax:
Assessment u/s 153A - denial of natural justice - In view of the violation of the principles of natural justice and also due to the non compliance of Section 65(B) of...
October 25, 2021
I.Tax:
Speculative business / transaction - Disallowance of loss suffered by the assessee on account of ‘Sauda Settlement’ - There is complete opaqueness about the nature and...
October 25, 2021
I.Tax:
Reopening of assessment u/s 147 - genuineness of partnership deed - No contravention of s. 184 due to non- signing of the front pages of the partnership deed by the...
October 25, 2021
I.Tax:
Disallowance of expenditure in terms of section 37 of the Act on proportionate basis for diversion of the fund - When the loans have been disbursed in violation of the...
October 25, 2021
I.Tax:
Cancellation of registration u/s 12A - learned CIT (Exemptions) was not empowered to pass the order u/s 12A cancelling the registration granted to the assessee when the...
October 25, 2021
I.Tax:
Reopening of assessment u/s 147 - reason to believe - the Ld. AO has absolutely changed his view which was formed initially and which was formed while concluding the...
October 25, 2021
I.Tax:
TDS u/s 195 - TDS on Admin and Network Support service charge - The revenue failed to consider the fact that the IT support services availed by the Assessee did not...
October 25, 2021
I.Tax:
Income accrued in India - Business Connection and Permanent Establishment - As the position of the profit/loss of the assessee is evident. After deduction of the...
October 25, 2021
I.Tax:
Unexplained investments - There is no positive and credible evidence brought on record by the revenue to establish the allegation of cash payment over and above the...
October 25, 2021
I.Tax:
Addition u/s 68 - unexplained cash credits - Addition on account of loans received - it is clear that the onus required to be discharged with respect to identity,...
October 25, 2021
I.Tax:
Revision u/s 263 by CIT - The order passed by the ld. Assessing Officer while completing the reassessment u/s 143(3) r.w. section 147, neither suggests that any such...
October 25, 2021
S.Tax:
SVLDRS - Rejection of declaration under the Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 - In the present facts, it is found that the learned counsel for the...
October 25, 2021
Indian Laws:
Dishonor of Cheque - Principles of natural justice - The right to cross-examination is a part of right to fair trial, which, every person has in the spirit of the right...
October 23, 2021
GST:
Seeking grant of permission to release the Truck - illegal transport of Gold Steef Cigarettes - tax evasion - GST Department has already initiated proceedings for...
October 23, 2021
I.Tax:
Disallowance of research and development expenses - the AO as well as the CIT (A) has disallowed the R & D claim made by the assessee mainly for the reason that no...
October 23, 2021
I.Tax:
Glitches and shortcomings in the computer programme and software - DGIT (Systems) states that in the event any Assessing Officer has an issue with the operation of the...
October 23, 2021
I.Tax:
Refund withheld u/s 241A - No reasons were assigned by the Officer concerned by referring to any materials that refund declared in case of the petitioner/assessee on...
October 23, 2021
I.Tax:
Deduction u/s 80P(2)(i)(a) - Additions u/s 68 - For a reason recorded and accepted by all the authorities, the 5% of the expenditure booked against interest paid to...
October 23, 2021
I.Tax:
Levy of penalty u/s 271D - violation of the provisions of section 269SS - payment of construction expenses incurred in cash towards the purchase of construction material...
October 23, 2021
I.Tax:
Disallowance of depreciation on composite land and building - depreciation claimed by the assessee on account of office premises at India Habitat Centre - when it is...
October 23, 2021
I.Tax:
Disallowance of depreciation - A.O. was of the opinion that the home-theatre was not for the purpose of business - The stand taken by the assessee before the A.O. was...
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: PAYMENT TO CINE OR TV ARTISTS. LIABILITY UNDER RCM
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: Revocation of Customs Broker license - The Tribunal found no evidence ...
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: Valuation of exported CD ROMS - Import of goods by availing excess exp...
H
: Seeking grant of bail - custody for more than 41 days - Smuggling - Go...
H
: Approval of scheme of amalgamation - Application of the Alter Ego Prin...
H
: Arbitral Proceedings - Computation of one-year period for completing t...
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: Rejection of application filed by the Appellant (Suspended Director) b...
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: Fixation of IRP fees - lack of earnestness and proficiency on the part...
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: Admission of Section 9 application filed by Operational Creditor - tim...
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: Approval of Resolution plan - Propriety of the valuation exercise cond...
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: Maintainability of the instant petition against Enforcement Case Infor...
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: GST COLLECTION – NET COLLECTION DESERVE PUBLICATION/ REPORTING INSTEAD...
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: Demand should not be raised when negative taxable and invoice value ar...
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: Various Types Of Trusts and Their Importance
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: IGST is not payable under RCM for services in Free-on-Board and Cost I...
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: Bill To a Overseas Company Supply of goods Locally
N
: Amendment in Notification No. 60/2022 dated the 10th June, 2022 read w...
H
: Short/non-payment of service tax - Jurisdiction to raise the Demand - ...
H
: Refund of Cenvat Credit - 100% EOU / STPI unit - Export of services as...
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: Refund claim - rejection on the grounds of unjust enrichment - The tri...
H
: Interest on delayed refund - relevant time for calculation of interest...
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: Release of seized goods - The appellants argued that the seized goods ...
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: MEETING OF CREDITORS - INSOLVENCY RESOLUTION PROCESS - PERSONAL GUARAN...
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: Various Types of Charges on Property
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: Assessment Order quashed when Assessee incorrectly reported turnover i...
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: REJECTION OF REPAYMENT PLAN
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