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Highlights / Annotations / Catch Notes For October of 2022
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Showing 201 to 250 of 396 Records
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October 17, 2022
Cus.:
Levy of Anti-dumping duty - valuation - acrylic fibre imported from United States of America, Thailand, and South Korea - Decision of Tribunal granting relief to the...
October 17, 2022
IBC:
Financial Creditors - The disbursal was made by CDR Lenders to the Corporate Debtor and the Appellant(s) were Personal Guarantors/ Corporate Guarantors to guarantee the...
October 17, 2022
S.Tax:
Levy of Service Tax - Work Contract Services - The Mandi Samiti is required to establish markets to exercise superintendence and control over the sale and purchase of...
October 17, 2022
C.Ex.:
Exemption from Excise duty - imported paraffin/wax used by the Assessee in the process of manufacturing of cotton yarn - on merits the Learned CESTAT is not right in...
October 17, 2022
VAT:
Maintainability of writ petition - availability of alternative remedy of appeal - In a tax matter when a statutory remedy of appeal is available, the High Court ought...
October 17, 2022
Indian Laws:
Smuggling - It is true that Section 54 of the Act raises a presumption and the burden shifts on the accused to explain as to how he came into possession of the...
October 17, 2022
Indian Laws:
Grant of Regular Bail - Grant of bail to the Respondent No.2/Accused only on the basis of parity shows that the impugned order passed by the High Court suffers from the...
October 15, 2022
I.Tax:
Assessment u/s 153A/153C - The three conditions operate on a stand-alone basis, separated by the conjunction 'or', and not concurrently and the satisfaction or otherwise...
October 15, 2022
I.Tax:
MAT computation u/s 115JB - assessee has received excise refund and interest subsidy which have been claimed as capital receipts - But since a receipt is not in the...
October 15, 2022
I.Tax:
Addition u/s 68 - Bogus share capital including share premium - The order of the CIT(A) is a non-speaking order. By simply reproducing the contents of the case laws...
October 15, 2022
I.Tax:
Validity of assessment/re-assessment u/s 153C - the satisfaction note prepared at the first stage by AO of the searched persons [DCIT-CC-2(1)] in respect of third party...
October 15, 2022
Wealth-tax:
Valuation of gifted shares - Explanation to Rule 2(9) of Part A, Schedule III of the W.T. Act. The certificate from the concerned stock exchange is only to state whether...
October 15, 2022
GST:
Detention order - time limitation for issuance of detention order expired - section 129 of TNGST Act - since the admitted dates clearly reveal the lapses in adhering to...
October 15, 2022
GST:
Validity of reassessment orders - violation of principles of natural justice - The competent authority, respondent, will give opportunity of personal hearing to the...
October 15, 2022
I.Tax:
Deduction u/s 36(1)(viii) - long term finance for agricultural and industrial development - AO declined to allow the deduction on the ground that notification declaring...
October 15, 2022
I.Tax:
Reopening of assessment - notice u/s 148 A(b) - if the provisions of Section 149(1)(b) of the Act of 1961 are considered, it is seen that only if the amount in question...
October 15, 2022
I.Tax:
Unexplained cash deposits, disallowance of claim made under Chapter-VIA and unexplained credits - the onus is on the assessee to appear before the Tribunal and...
October 15, 2022
I.Tax:
Applicability of provisions of section 44AE - deduction of business expenditure against the business receipts - AO is directed to give deduction of expenditure which...
October 15, 2022
I.Tax:
Revision u/s 263 by CIT - depreciation on goodwill - the assessee has rightly claimed depreciation on goodwill arise out of amalgamation, because, 5th proviso to...
October 15, 2022
I.Tax:
Addition u/s 68 - unexplained cash credits of share capital and security premium received - the assessee has routed its unaccounted income in the books of account in the...
October 15, 2022
I.Tax:
Deemed dividend addition u/s 2(22)(e) - monies advanced to the assessee - no funds of the company is divested; there exists a current account which keeps fluctuating as...
October 15, 2022
Direct Taxes:
Benami Prohibition transaction - We are not inclined to intervene in the matter - The petitioner would submit that his salary is the only source of income and that he...
October 15, 2022
Cus.:
Confiscation - penalty - smuggling of Gold bars - delay of ten days in preferring appeal - Since the petitioner, in a sense, too was responsible, partially, if not...
October 15, 2022
Cus.:
Classification of Sharp Professional LCD monitors - there is nothing on record to contest the submission of the applicant that these monitors are capable of directly...
October 15, 2022
SEBI:
Stock Broker - The conjoint reading of the expression “a certificate” as referred to in Section 12(1) of the Act read with the scheme of Rules, 1992 and Regulations...
October 15, 2022
IBC:
Existence of pre-existing dispute or not - Applicability of provision of Sales of Goods Act, 1930 - The delivery of the goods and the acceptance of the goods by use of...
October 15, 2022
IBC:
Fraudulent Trading/Wrongful Trading - The stand taken by the respective parties, comes to a Resultant Conclusion that the Transfer of Assets among the Group Companies...
October 15, 2022
C.Ex.:
CENVAT Credit - inputs - HR Sheets, HR Plates and MS Rods used for fabrication of Steel Formers which is in the nature of a consumable in the Appellant’s induction...
October 15, 2022
C.Ex.:
Recovery of amount of duty on the additional consideration to the extent of forfeiture of security deposit - breach of contract - earnest money deposit - Earnest money...
October 15, 2022
C.Ex.:
100% EOU - calculation of Central Excise duty and Customs duty on the depreciated value of the capital goods - the CBEC circular is an administrative order binding on...
October 15, 2022
Indian Laws:
Validity of circular of RBI - directions issued to online payment gateway services - non-banking entities which offer payment aggregation services - - The 2009...
October 14, 2022
GST:
Rejection of refund claim - excess payment made in terms of Section 54 of GST Act - Period of limitation - The impugned order is not at all a speaking order. No reasons...
October 14, 2022
GST:
Inaction of the GST department in opening the portal qua the petitioner - transfer of registration of the dealer pursuant to the death of the proprietor of the firm -...
October 14, 2022
GST:
Seeking grant of regular bail - allegation of issuing fake CA certificates for refund of GST - there is no allegation that the petitioner is in any way the beneficiary...
October 14, 2022
GST:
GST audit and GST investigation proceedings - simultaneous proceedings - Since the audit proceedings under Section 65 of the Act has already commenced, it is but...
October 14, 2022
C.Ex.:
Levy of excise duty or NCCD - Post GST era - The CGST itself contemplates levy of excise duty upon tobacco and tobacco products apart from they being taxed under the...
October 14, 2022
I.Tax:
Grant of benefit under Section 10(20) - When even respondent/Assessee never claimed the benefit under Section 10(20) of the Income Tax Act, 1961, the High Court is not...
October 14, 2022
I.Tax:
TDS u/s 195 - The agreement between the parties can be specific and its length or pages does not matter. Merely on the length of the agreement, the AO cannot overlook...
October 14, 2022
I.Tax:
TDS liability - the findings of the Ld.CIT(A) that halal certification involved technical knowhow being made available to the assessee, is incorrect on facts. The...
October 14, 2022
I.Tax:
Income accrued/taxable in India - Tax Resident - unexplained investment of the assessee made from the undisclosed sources - since, under the terms of the Indo UAE tax...
October 14, 2022
I.Tax:
Bad debts claimed u/s 36(2)(i) - Assessee debited ‘Amount written off paid against advance of land’ - As per accounting policy and general business practice any nature...
October 14, 2022
I.Tax:
Revision u/s 263 - the Ld. AR has been fair enough to concede that the AO was mandatorily required to refer the same to the TPO and, therefore, we hold that the Ld. PCIT...
October 14, 2022
I.Tax:
Disallowance of provision made in respect of an anticipated loss being the diminution in the value of Govt. of India Fertilizer Bonds - the methodology adopted by the...
October 14, 2022
Cus.:
Release of seized goods - Unflavoured Supari (Cut Betelnut Product) - The respondents are directed to pass appropriate orders assessing and classifying the goods, based...
October 14, 2022
C.Ex.:
Classification of goods - The end use of MVAC is to produce Chilled Water. The use of heat as one of the sources in the air-conditioning system would not take away the...
October 14, 2022
Indian Laws:
Validity of directions issued by the HC in favor of Adani Ports (APSEZL) - The High Court ought to have taken into consideration that, unless all the three conditions...
October 13, 2022
GST:
Profiteering - purchase of Flat - The Authority finds no reason to differ from the detailed computation of profiteered amount by the DGAP or the methodology adopted by...
October 13, 2022
I.Tax:
Addition u/s 56(2)(vii) - relevant Section 50C cannot be invoked as the said section is applicable in the case of seller of the property only while the appellant is a...
October 13, 2022
I.Tax:
Revision u/s 263 by CIT - An incorrect assumption of the fact or an incorrect application of law will satisfy the requirement of the order being erroneous. The phrase...
October 13, 2022
I.Tax:
Income deemed to accrue or arise in India - Royalty Income - conducting research activities - Article 13(3)of India-UK DTAA shows that the transaction shall fall under...
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: Validity of order passed u/s 147 r.w.s.144B - availability of alternat...
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: Validity of reassessment proceedings - non-issue of the statutory noti...
N
: Amendment in the Export policy of Onions
H
: Deduction u/s 80IAB on the disallowance of depreciation on Water-use R...
H
: Penalty u/s 271(1)(b) - Non-compliance with a notice issued u/s 142(1)...
F
: ITC of FY 2017-18 blocked
H
: Income taxable in India or not - Business of supplying reservoir simul...
H
: TP Adjustment - MAM - Management consultancy services - The tribunal n...
H
: Income from Other Sources u/s 56(2) - interest received u/Sec. 28 of t...
H
: Loss on valuation of foreign exchange contract on M2M basis - Loss on ...
F
: Addition of unaccounted supplies in the Returns
H
: Bogus Purchases - Credibility of Statements - The tribunal was not con...
H
: Validity of reassessment proceedings - Reason to believe - The tribuna...
H
: Reopening of assessment - reason to believe - onus to prove - The High...
H
: Assessment completed u/s 153A - addition on account of peak balance ma...
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: Classification of imported goods - Applicable rate of IGST - 28% or 18...
H
: Re-export of even after the expiry of the warehousing period - Due to ...
H
: Re-Classification of Hot/Cold Rolled Stainless Steel Coils - Exemption...
A
: GST APPEALS: WHAT ONE SHOULD KNOW
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: Who is The Regulatory Body of GIFT City in India?
F
: GST PENALTY SECTION 122
N
: Export of food commodities through National Cooperative Exports Limite...
C
: Entities allowed to use e-KYC Aadhaar Authentication services of UIDAI...
F
: INQUIRY BY THE APPELLATE AUTHORITY
A
: Proper officer shall pass an order within seven days of service of not...
A
: Collection of Entry Fee from visitors for Temple Hall Exempt under GST
A
: State-wise Professional Tax Payment Deadlines in India: A Comprehensiv...
A
: Low tax effect in pending appeals- The administrative role to withdraw...
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: Clarification on the applicability of 3% amount on account of non-achi...
C
: Suspension of inoperative SIONs
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Highlights October October 2022 Year 2022
