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Highlights / Annotations / Catch Notes For October of 2022
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Showing 101 to 150 of 396 Records
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October 22, 2022
S.Tax:
Claim of interest on Refund - Demand of service tax was set aside in the appellate proceedings - The appellant is entitled for interest on the refund made only from the...
October 22, 2022
C.Ex.:
Levy of penalty on Director of the company - The appellant being a Director of the Company involved in the entire Modus Operandi of fraudulent availment of credit and...
October 22, 2022
C.Ex.:
Clandestine manufacture and removal - The Revenue has not produced any evidence to reveal that the said goods found from the transport’s premises were cleared from the...
October 22, 2022
Indian Laws:
Drug Trafficking - The High Court was not justified in holding that, even after the Chemical Examiner’s report establishes that the contraband contains ‘meconic acid’...
October 22, 2022
Indian Laws:
Arbitration - Jurisdiction and powers under the Commercial Courts Act, 2015 - The notification issued by the State of Odisha issued in consultation with the High Court...
October 21, 2022
GST:
Exemption from GST - education services to student's through its own online platform - Even though the activity; training and coaching undertaken by the applicant can be...
October 21, 2022
GST:
Classification of services - rate of GST - works contract service provided to Malabar Cancer Centre - are eligible for the concessional rate of tax of 12% - AAR
October 21, 2022
GST:
The services rendered by the applicant as per the concession agreement are classifiable as works contract services falling under SAC 995421 and the annuity received by...
October 21, 2022
GST:
Classification and applicable rate of GST - if the Outboard motors are supplied for use as part of a fishing vessel falling under Customs Tariff Heading 8902, then OBM...
October 21, 2022
GST:
Scope of Advance Ruling application - the applicant has preferred this application on behalf of the members of the applicant and hence the application is not in respect...
October 21, 2022
I.Tax:
Exemption u/s 11 / 10(23C)(vi) - Charitable activity u/s 2(15) - trust seeking approval as existed ‘solely’ for educational purposes - It is held that the requirement of...
October 21, 2022
I.Tax:
Agricultural income - In the computation of business income under Rule 7A of the Rule 1962, the assessee under Rule 7A(2) is entitled to an allowance in respect of the...
October 21, 2022
I.Tax:
Short deduction of taxes - Credit to the assessee for TDS deducted denied - the assessee has deducted and deposited TDS within time, but due to a technical error in CPC...
October 21, 2022
I.Tax:
Undisclosed income of the assessee - benami investment - benami transactions - It was for the AO to produce or investigate and find out some financial connection between...
October 21, 2022
I.Tax:
Long term capital gain - adopting the circle rate of sale consideration - the benefit of the first proviso to Section 50C(1) of the Act has to be extended to the...
October 21, 2022
I.Tax:
Deduction of compensation cost of ESOP on account of Employee Stock Option Scheme (ESOP) - , an adjustment to the income is called for at the time of exercise of option...
October 21, 2022
I.Tax:
Assessment of trust/AOP - trust to be assessed in the status of AOP - religious trusts / deity - Levying tax at the maximum marginal rate instead of rates applicable to...
October 21, 2022
I.Tax:
Penalty u/s 271FA - delay in filing of Form SFT as per Section 285 BFA - Since it was a statutory obligation on the part of the assessee bank to furnish AIR as a...
October 21, 2022
I.Tax:
Revision u/s 263 by CIT - wrong claim of deduction u/s. 80JJA - the AO has not brought out anything explicitly and not recorded any finding with regard to the deduction...
October 21, 2022
Cus.:
Re-assessment of Bill of Entry - An importer has a right to make amendments in the Bills of Entry covering imported goods assessed and cleared for home consumption or...
October 21, 2022
Cus.:
Rejection of entitlement for interest on delayed sanction of refund claim - benefit of section 27A of Customs Act, 1962 - It is on record that there has been delay...
October 21, 2022
PMLA:
Attachment of property - eviction notice provides only ten days time to the petitioner to vacate the subject property - Even if there is a defect or omission in the...
October 21, 2022
S.Tax:
Nature of transaction - service or deemed sale - the company (in liquidation) had given the containers to the lessee on rental basis and possession and control was...
October 21, 2022
S.Tax:
Benefit of Exemption - The mere fact that the AVETCS contains computer system does not make it Computers, Computer Systems or Computer Peripherals. In these...
October 21, 2022
C.Ex.:
Remission of duty - Reversal of Cenvat Credit - There is no dispute that the appellant is duty bound to reverse the cenvat credit on the inputs contained in finished...
October 21, 2022
C.Ex.:
Seeking abatement of appeal - CIRP - from the date of approval of the resolution plan by the NCLT, the appeal filed by the applicant has abated and CESTAT has become...
October 21, 2022
C.Ex.:
Levy of equal penalty u/s 11AC - There were conflicting views as to whether credit is eligible on input services used for generation of electricity that is sold outside,...
October 21, 2022
C.Ex.:
Levy of excise duty - The medicaments cleared under the cover of non-returnable challans for testing and sampling purpose cannot be considered as manufactured goods as...
October 21, 2022
C.Ex.:
Refund of CENVAT Credit - pre-GST regime - It is an admitted fact of the parties that the said CENVAT Credit balance was not carried forward to the Appellant’s account...
October 20, 2022
GST:
Gross violation of principles of natural justice - Scrutiny of the GST returns filed by the petitioner - The learned Additional Government Pleader sought leave to issue...
October 20, 2022
GST:
Exemption from GST - The courses are being offered by the applicant as a Approved Training Partner of NSDC under the scheme for market led Feebased services under non...
October 20, 2022
GST:
Supply to the Central Government, State Government or local authority - Undisputedly SUDA, being a registered society, is not a Panchayat or a Municipality or any Board...
October 20, 2022
GST:
Exemption from GST - Cotton Seeds “Banaula” - agricultural produce - cotton seed emerging from the intermediate process do not fall in the definition of 'agricultural...
October 20, 2022
GST:
Taxable value - construction services of the apartments - the value of land or undivided share of land is deemed to be one-third of the total amount charged for the...
October 20, 2022
GST:
Seeking grant of anticipatory bail - availment of illegal input tax credit - non-existent firms - once the necessary documents, information has already been provided to...
October 20, 2022
I.Tax:
Reopening of assessment u/s 147 - 'reason to believe' - the assessee had not claimed any part of its income as exempt under Sec. 11(1)(a) of the Act - as the “reasons to...
October 20, 2022
I.Tax:
Validity of reopening of assessment u/s 147 - assessee availed the loan is an accommodation entry provider - The bona fide of the assessee is further proved from the...
October 20, 2022
I.Tax:
Reopening of assessment - validity of order passed u/s 148A(d) - if the foundational allegation is missing in the notice issued under Section 148A(b) of the Act, the...
October 20, 2022
I.Tax:
Reopening of assessment - validity of notice issued u/s 148A(b) - By not considering the reply of the Petitioner dated 29th March, 2022, the mandate of Section 148A(c)...
October 20, 2022
I.Tax:
Income deemed to accrue or arise in India - attribution made to the alleged PE - Ariba India has retained majority of the revenues earned from the clients (around 88% to...
October 20, 2022
I.Tax:
Unexplained cash deposit - stand taken by the assessee went unrebutted as the A.O. who is investigator has failed to carry out any investigation to disprove the...
October 20, 2022
Cus.:
Import of Toys - Import policy - Wither the goods are excluded under the scope of BIS, the testing of the same could be made mandatory - the testing procedures have to...
October 20, 2022
Cus.:
Adjudication of SCN - Deemed conclusion of proceedings on deposit of duty with interest and penalty - The language makes it clear that the provisions provide for deemed...
October 20, 2022
Co.Law:
Scheme of arrangement - the Appellant categorically mentioned that post amalgamation the net-worth of the Transferee Company will remain highly positive and the proposed...
October 20, 2022
S.Tax:
Refund of CENVAT Credit - alleged lack of nexus - The procedure for claiming such refund, enshrined in notification no. 27/2012-Central Excise Act, 1944 (NT) dated 18th...
October 20, 2022
C.Ex.:
Process amounting to manufacture - Classification of goods - Sulphur – 90% WG with the brand name of CosavetFertis, which is said to be used as fertilizer - there is no...
October 20, 2022
C.Ex.:
Benefit of exemption subject to the condition that no Cenvat Credit is availed - The appellant are eligible for exemption under Notification No. 30/2004-C.E. when they...
October 20, 2022
Indian Laws:
Dishonor of Cheque - Period of limitation for giving notice of demand - A gross injustice shall be incurred to the complainant/petitioner in case he is denied to exclude...
October 19, 2022
GST:
Classification of services - rate of GST - Eligibility for concessional rate of GST at 12% - The works contract executed by the applicant for construction of IT...
October 19, 2022
I.Tax:
Bogus long-term capital gains (LTCG) arising from sale of shares - AO held that the said LTCG/loss are fabricated/engineered transactions by the respective assessees,...
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: Export of food commodities through National Cooperative Exports Limite...
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: Rejection of refund claim - Status of the Subsidiary as a Distinct Per...
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: Failure to File Appeal within prescribed period of limitation - The co...
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: Addition of unaccounted supplies in the Returns
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: Denial of input tax credit - demand of differential input tax - The co...
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: Refund claim of encashed amount by the revenue - Direction to withdraw...
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: Wrong availment of transitional Input Tax Credit - request for an adjo...
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: Validity of assessment order - Disparity in Returns - The High Court e...
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: Liability of tax arising on account of inadvertent error - mismatch be...
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: Validity of assessment order - classification of oil coolers as heat e...
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: Reopening of assessment under old regime - scope of new regime - scope...
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: Validity of Reassessment proceedings - notice issued in the course of ...
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: Entities allowed to use e-KYC Aadhaar Authentication services of UIDAI...
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: GST PENALTY SECTION 122
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: ITC of FY 2017-18 blocked
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