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Highlights / Annotations / Catch Notes For October of 2022
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Showing 351 to 396 of 396 Records
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October 4, 2022
GST:
Seizure of goods alongwith vehicle - release of goods - In the case at hand, there is no dispute that the parties are genuine, nor is there any dispute that the original...
October 4, 2022
GST:
Rejection of refund of the tax paid for the second time and penalty - As there was discrepancy in the document from where the goods were dispatched, the authorities...
October 4, 2022
I.Tax:
Correct head of income - gain on sale and purchase of shares - normal business profit or short term capital gain - The learned tribunal had failed to note that the...
October 4, 2022
I.Tax:
Validity of reopening of assessment u/s 147 - notice issued u/s 148A - this Court holds entertainment of the writ petition at the stage of notice would be premature....
October 4, 2022
I.Tax:
Penalty u/s. 271D - unsecured loans in the form of cash - the amount paid by the Directors / Shareholder towards share capital and unsecured loans in the form of cash...
October 4, 2022
I.Tax:
Taxability of entertainment tax subsidy received by the assessee - Nature of receipts - Entertainment tax subsidy granted by the State Government is not for the purpose...
October 4, 2022
I.Tax:
Levy of tax on donations - Provisions of Section 115BBC were enacted to tax such donations in hands of certain charitable trust and institutions at the rate of 30%....
October 4, 2022
I.Tax:
Deduction u/s 10AA - Disallowance for the reason that the assessee had filed return of income belatedly and not within the time limit prescribed u/s 139(1) - When the...
October 4, 2022
I.Tax:
Short-deduction of TDS - the approach of assessee is in accordance with the provisions of TDS as prescribed in Income-tax Act, 1961, which permit the consideration of...
October 4, 2022
I.Tax:
Exemption u/s 10(6)(ii) - remuneration received by her from Austrian Trade Commission, Austrian Embassy under full time employment - the certificate issued by the...
October 4, 2022
I.Tax:
Income accrued in India - Centralized services fee received - royalty or fee for technical services The payments received were rightly held by the Tribunal, to be in the...
October 4, 2022
I.Tax:
Relief u/s 90 - foreign tax credit - disallowance of FTC in case of delay in filing Form No. 67 - the assessee is eligible for foreign tax credit, as she has filed form...
October 4, 2022
IBC:
Suspension of registration of the Resolution Professional (RP) - territorial jurisdiction to entertain the Writ Petition - Pursuant to the order of suspension, the...
October 4, 2022
IBC:
Approval of Resolution Plan - Whether the CoC and Adjudicating Authority discriminated the Operational Creditors from Financial Creditor - once the plan was approved by...
October 4, 2022
C.Ex.:
Levy of penalty - Applicability of ration of decision made in the case of co-noticee - in absence of the appeal by revenue against this order the order has acquired...
October 3, 2022
GST:
Cancellation of bail order - Violation of bail conditions - failure to appear before the Investigation officer - Google pin could not be dropped to the Investigating...
October 3, 2022
I.Tax:
Revision u/s 263 - In terms of Section 263 of the Act, the PCIT is empowered to invoke the power if, in his opinion, the assessment order is erroneous in so far as it is...
October 3, 2022
I.Tax:
Reopening of assessment u/s 147 - In the instant case, the validity of notice has to be adjudged on the basis of law as existing on the date of notice. The mandatory...
October 3, 2022
I.Tax:
Denial of exemption u/s 11 r.w.s. 2 (15) - It is no doubt true that the receipts from non-sporting activities earned by the assessee are covered under the proviso to...
October 3, 2022
I.Tax:
Undisclosed income u/s 68 and 69 - Tax liability u/s 115BBE - section 115BBE does not apply to the income, the source of which is business. - the undisclosed income...
October 3, 2022
I.Tax:
TDS Claimed but not reflected in 26AS - Assessee’s excess claim of TDS assuming that the less payment made by the clients are towards TDS may not be acceptable, however,...
October 3, 2022
I.Tax:
Disallowance of bad debt written off - assessee knowing to fact that its business going to discontinue from immediate subsequent year deliberately written off good...
October 3, 2022
I.Tax:
Correct head of income - gain on sale and purchase of shares - a transaction is not necessarily in the nature of trade because the purchase was made with the intention...
October 3, 2022
Cus.:
Benefit of exemption - import of Colchicum (Saanjan) Grade 3 - origin of goods - The Bill of Lading cannot mention Afghanistan as the Port of Loading because that is not...
October 3, 2022
Cus.:
Import of twine engine light weight Aircraft (Aircraft BRT) - Benefit of the exemption - nil rate of duty on import of aircraft for non-scheduled (passenger) services as...
October 3, 2022
Cus.:
Re-import of jewellery exported for exhibition - Benefit of exemption - The admitted fact is that there being no sale in the transaction, neither the IGST is paid by the...
October 3, 2022
Co.Law:
Struck off name of the Company - defunct company. - HC upheld the order of RoC - Locus of the appellant seeking restoration of struck off name of the Company from the...
October 3, 2022
IBC:
The provisions of IBC will prevail over the provision of Indian Contract Act, thereby surety may take appropriate steps to claim as creditor to recover the amount he...
October 3, 2022
IBC:
Scope of NCLT Rules - fees mentioned in Rule 112 read with the definition clause 2(12) does not mention either CIRP costs or the fees to be paid to the IRP or RP. The...
October 3, 2022
S.Tax:
Extended period of limitation - The Appellant concealed the correct taxable amount with the service tax department, until the Departmental officers initiated an inquiry...
October 3, 2022
C.Ex.:
CENVAT Credit - inputs - Wash Oil and Sulphuric Acid which were used directly or indirectly, in or in relation to the manufacture of coal Gas - The manufacturing process...
October 3, 2022
C.Ex.:
Scope of SCN - time limitation - It is a settled legal position that when the assessee was not put to notice with regard to the reasons basis which the demand is being...
October 3, 2022
Indian Laws:
Seeking grant of Regular Bail - failure to Final Report u/s 173 of the Code within sixty days - The respondent/CBI cannot take shelter of filing charge sheet in respect...
October 1, 2022
GST:
Refund claim - time limitation - As per the circular, the last date for filing refund application in FORM GST RFD-01 would be 23.09.23 (two years from date of...
October 1, 2022
GST:
Pre-deposit before filing of an appeal - Utilisation of credit available only in the Electronic Cash Ledger - Since in the present petitions, the amounts payable are...
October 1, 2022
GST:
Maintainability of petition - appealable order or not - Levy of interest under Section 50 along with penalty under Section 122(2) of the Central Goods and Service Tax...
October 1, 2022
I.Tax:
Deduction u/s 43B - Section 43B of the Act does not speak about the electricity charges. Nowhere it is mentioned in the Section or proviso to it that unpaid electricity...
October 1, 2022
I.Tax:
Validity of Reopening of assessment u/s 147 - order passed u/s 148A - It may be true that, the Petitioner would be having number of opportunities to explain his stand in...
October 1, 2022
I.Tax:
Levy of penalty u/s. 271B - failure to get his books audited and furnish Audit Report u/s. 44AB - Section 271B as extracted above further throws light on the legislative...
October 1, 2022
I.Tax:
Deemed income - Addition u/s 41(1) - cessation of liability - amount due to partnership firm - The said adjustment of transferring the loan into the capital is between...
October 1, 2022
I.Tax:
Deduction u/s 10B - ordinarily, what profit the assessee might have expected to arise - AO had not brought on record any material to demonstrate that the assessee...
October 1, 2022
Cus.:
Onus and power of custodian - validity of auction of goods - seized goods - LED bulbs - cosmetic items - despite not obtaining the BIS certificate and NOC from the...
October 1, 2022
Cus.:
Levy of penalty - mis-declaration of description of imported goods - Having found that the appellant had no intention, the Commissioner (Appeals) has still proceed to...
October 1, 2022
Cus.:
Classification - used mild steel (MS) plates imported - demolition of six ‘petrochemical tanks’ in the United Kingdom by M/s GK Middle East FZC, Ajman - the eligibility...
October 1, 2022
VAT:
Reassessment of tax - the order of assessment, was not in existence on the date of issuing notice for reassessment under Section 22 (1) of the Act of 2005. Therefore,...
October 1, 2022
Indian Laws:
Dishonor of Cheque - presumption of debt - when the complainant himself comes up with a document to establish the existing debt or liability, the question of raising...
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N
: Export of food commodities through National Cooperative Exports Limite...
H
: Violation of principles of natural justice - notice u/s 46 was not bee...
H
: Validity of assessment order - Utilization of Input Tax Credit - Upon ...
H
: Condonation of delay in filing an appeal before the appellate authorit...
H
: Time Limitation for filing refund claim - Impact of COVID-19 Pandemic ...
H
: Rejection of refund claim - Status of the Subsidiary as a Distinct Per...
H
: Failure to File Appeal within prescribed period of limitation - The co...
F
: Addition of unaccounted supplies in the Returns
H
: Denial of input tax credit - demand of differential input tax - The co...
H
: Refund claim of encashed amount by the revenue - Direction to withdraw...
H
: Wrong availment of transitional Input Tax Credit - request for an adjo...
H
: Validity of assessment order - Disparity in Returns - The High Court e...
H
: Liability of tax arising on account of inadvertent error - mismatch be...
H
: Validity of assessment order - classification of oil coolers as heat e...
H
: Reopening of assessment under old regime - scope of new regime - scope...
H
: Recovery proceedings - attaching the property and bringing the propert...
H
: Validity of Reassessment proceedings - notice issued in the course of ...
C
: Entities allowed to use e-KYC Aadhaar Authentication services of UIDAI...
F
: GST PENALTY SECTION 122
F
: ITC of FY 2017-18 blocked
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...
C
: Clarification on the applicability of 3% amount on account of non-achi...
C
: Suspension of inoperative SIONs
N
: Amendment in the Export policy of Onions
N
: Seeks to amend specified customs tariff notifications to exempt applic...
A
: How to become a crorepati via SIP
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