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Highlights / Annotations / Catch Notes For October of 2023
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Showing 1 to 50 of 502 Records
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11
October 31, 2023
GST:
Condonation of delay in filing appeal - validity of assessment order - this Court cannot entertain the writ petition under Article 226 of the Constitution of India after...
October 31, 2023
I.Tax:
Condoning the delay in preferring the refund application - Delegation of power - The circular authorises the Principal Commissioner to consider even the merits of the...
October 31, 2023
I.Tax:
Accrual of income - Money received under Marketing Assistance Programme [“MAP”] - It is also surprising that the AO chose to treat only the difference between the...
October 31, 2023
I.Tax:
Penalty u/s 271E - period of limitation as prescribed u/s 275 (1)(c) - The appellant/revenue, as noticed above, cannot extend the period of limitation by deciding at its...
October 31, 2023
I.Tax:
Reopening of assessment u/s 147 - Plainly, in the facts as noted above, no sanction was required to be obtained at the stage of initiation of reassessment proceedings....
October 31, 2023
I.Tax:
Reopening of assessment u/s 147 - Validity of approval granted u/s 151 - without examining the facts on record, both the Additional CIT and CIT have granted approval...
October 31, 2023
I.Tax:
Reopening of assessment u/s 147 - Reopning after 4 years - As per the mandate of law, even where a concluded assessment is sought to be reopened by the A.O within a...
October 31, 2023
I.Tax:
MAT computation - Book Profit - addition of interest on income tax refund to the Net Profit - As there is no dispute on the fact that assessee has offered interest on...
October 31, 2023
I.Tax:
AO has failed to follow the mandatory procedure laid down u/s 144C at the stage of passing draft assessment order, therefore, final assessment order passed is null and...
October 31, 2023
I.Tax:
Exemption u/s 10(38) - bogus LTCG on purchase and sale of shares - disallowance brokerage expense - penny stock transaction - ssessee has successfully proved the...
October 31, 2023
Cus.:
Classification of goods intended to be imported - Compounded Rubber - Compounded rubber formulation 1 (with less than 5 parts of Carbon Black) mentioned in para 5.1...
October 31, 2023
S.Tax:
Refund - Period of Limitation - service tax paid under the reverse charge mechanism (RCM) - Later since services were not rendered, assessee claimed refund of the same....
October 31, 2023
C.Ex.:
Recovery of CENVAT Credit alongwith interest and penalty - second stage dealers were issuing invoices without actually supplying goods - Examining the records of each of...
October 31, 2023
C.Ex.:
Interest on differential duty by invoking extended period of limitation - Invoking the extending period of limitation is not sustainable and the demand of interest by...
October 31, 2023
C.Ex.:
Captive Consumption - Benefit of exemption - Since the appellant has got their goods manufactured/yarn dyed from job worker; in these circumstances, the job worker is...
October 31, 2023
C.Ex.:
CENVAT Credit - Supplementary invoices - stock transfer - alleged duty paid on account of suppression, etc. - the combined reading of Rule 9 (1)(b) and Section 2(h), it...
October 31, 2023
Indian Laws:
Professional Misconduct - Chartered Accountant (CA) - Delay of 19 years for completion of Proceeding on the part of ICAI - Respondent is presently 77 years of age and...
October 30, 2023
DGFT:
Minimum Export Price on export of Onions imposed - Otherwise export is 'Free' - Further export duty on onions reduced to NIL
October 30, 2023
GST:
Cancellation of GST registration of petitioner - allegation of fraud, wilful misstatement or suppression of facts - In spite of the petitioner’s submission that the...
October 30, 2023
GST:
Determination of differential amount of GST - validity of summons and enquiry proceedings - petitioner-company has expressed its intention to contest the proceedings...
October 30, 2023
I.Tax:
Penalty u/s. 271(1)(c) - Transfer pricing adjustment - Debatable issue - Base Erosion Theory - Reading a particular paragraph of the observations of the AO’s order...
October 30, 2023
I.Tax:
Addition u/s 40A(3) - purchases made otherwise than by account payee cheque - Genuineness of expenses - Even if the petitioner’s/assessee’s case fell within the ambit of...
October 30, 2023
I.Tax:
Reopening of assessment u/s 147 - reason to believe - Assessing Officer has no power to review; he has the power to re-assess. But re-assessment has to be based on...
October 30, 2023
I.Tax:
Nature of receipt - non- compete fee - capital or revenue receipt - Clearly, for the period in which the non-compete agreement was to operate, which in this case was 10...
October 30, 2023
I.Tax:
Penalty u/s 270A - under-reporting of income - taxability of interest - Immunity from imposition of penalty u/s 270AA - due to ongoing litigation about the taxability of...
October 30, 2023
I.Tax:
Addition u/s 68 - taxation u/s 115BBE - the assessee vehemently argued that the assessee has already repaid the entire loan amount of 14 lenders, the details of whom...
October 30, 2023
I.Tax:
Reassessment of assessment u/s 147 - Reason to believe - unexplained credit - In the reasons recorded, it is nowhere mentioned as to who had given bogus...
October 30, 2023
I.Tax:
Deduction u/s 80(IB)(10) in respect of POR project - CIT(A) has observed that in view of the provisions of Section 80(IB)(10) of the Act, when the approval of the...
October 30, 2023
I.Tax:
Estimation of Net Profit before remuneration to Partners - The discretion exercised about how much remuneration shall be paid to the partners is upon the discretion of...
October 30, 2023
I.Tax:
Revision u/s 263 - Computation of income from construction and service contracts u/s 43CB - When the assessee is consistently following the Project Completion Method...
October 30, 2023
I.Tax:
Accrual of Capital gain - sale of land or not? - real owner - transfer u/s 2(47) concluded of capital asset or not? - Assessee pleaded before the AO that it was a “Watan...
October 30, 2023
I.Tax:
Income taxable in India - receipts on account of support and maintenance services to its customers in India - Fees for Technical Services (‘FTS’) - the income from IT...
October 30, 2023
Cus.:
Classification of imported goods - Quicklime - As per the test report of samples, the description of the goods as ‘white lumps of irregular shapes & sizes along with...
October 30, 2023
SEBI:
Insider trading in the scrip of the Company - Appellant was in possession of this price sensitive information and had traded in the scrip during the period in question....
October 30, 2023
S.Tax:
Demand of service tax on guarantee commission under reverse charge mechanism - the appellant is liable to discharge service tax on the Guarantee commission paid to...
October 30, 2023
C.Ex.:
Classification of goods - Corrugated Boxes and Laminated Paper - Benefit of exemption from duty - These goods are correctly classifiable under heading 48239019 the...
October 30, 2023
Indian Laws:
Dishonour of Cheque - validity of convicting and sentencing the revision petitioner - The law has crystallized that once the complainant establishes the concoction of...
October 28, 2023
GST:
Validity of Show Cause Notice - SCN issued straight away, without issuing a prior intimation under Rule 142 (1A) - It is a trite law that whenever any ambiguity arises...
October 28, 2023
GST:
Cancellation of Registration Certificate - SCN devoid of required particulars - the allegation that, the ‘person’ issued invoice or bill without supplying goods or...
October 28, 2023
I.Tax:
Penalty u/s 271AA - failure to make disclosures, as required u/s 92E - as to whether SPMCECL was a related party is an issue qua which there can possibly be more than...
October 28, 2023
I.Tax:
Reopening of assessment u/s 147 - difference between the amount invested by the petitioner/assessee in Company and the amount shown under the heading 'loans and...
October 28, 2023
I.Tax:
Rectification of mistake - application rejected alleging that assessee is making fresh claim of benefit u/s 12AA - The assessee’s claim of exemption u/s 11 coupled with...
October 28, 2023
I.Tax:
Validity of order of CIT(A) - order based on wrong assessment order - Revenue and assessee both attached different assessment orders - mismatch and inconsistency in the...
October 28, 2023
I.Tax:
Validity of Assessment u/s 144C r.w.s 147 - eligible assessee - Non-Resident - Absence of an order u/s 92CA(3) - addition on account of unexplained cash deposits - Even...
October 28, 2023
I.Tax:
Revision u/s 263 - The findings of CIT suffer from apparent error and incompleteness. CIT has summarily set aside the re-assessment order and shifted the responsibility...
October 28, 2023
I.Tax:
Disallowing the provisions made for raw materials, stores and spares treating the same as contingent liability - the assessee could not file any evidence or could not...
October 28, 2023
I.Tax:
Revision u/s 263 - allowing deduction u/s 54F in the absence of Long Term Capital Gain - When the assessee has not held the flats for a minimum period of 3 years, the...
October 28, 2023
I.Tax:
Exemption u/s 11 - Assessment of trust - The activity of organizing the shivir which is in the nature of seminar, conference and lectures on the education and therefore,...
October 28, 2023
I.Tax:
Surplus on maturity of the policy /prematurely surrendered insurance policy - Income from other sources of capital gain - the addition made by the Assessing Officer in...
October 28, 2023
I.Tax:
Undisclosed debit entries in the impounded books - investment in advances for properties - No such evidence furnished before the CIT(A). It is for the first time, the...
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Quick Updates:
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A
: TIMELINE FOR REFUND UNDER SECTION 38(3) OF THE DELHI VALUE ADDED TAX, 2004
A
: PRE-DEPOSIT & STAY OF DEMAND
F
: Addition of unaccounted supplies in the Returns
A
: Who is The Regulatory Body of GIFT City in India?
N
: Securities and Exchange Board of India (Employees Service) (Second Ame...
N
: Foreign Exchange Management (Deposit) (Fourth Amendment) Regulations, 2024.
H
: Detention of goods alongwith penalty - Expired e-way Bill - The High C...
N
: Export of food commodities through National Cooperative Exports Limite...
H
: Reversal of ITC - The High Court found that certain findings recorded ...
H
: Exemption from Tax - Classification of goods sold - emery cloth - uncl...
H
: Levy of GST on un-denatured Extra Neutral Alcohol supplied by the peti...
H
: Imposition of GST under the reverse charge mechanism on the mining lea...
N
: Seeks to further amend List 34A and List 34B in the Appendix to the Ta...
H
: Rejection of refund on the ground of delay - time limitation - The Hig...
H
: Addition u/s 68 - ITAT confirmed the additions - The High Court upheld...
H
: Validity of Reassessment proceedings - reason to believe escapement of...
H
: Faceless Assessment - Non affording a reasonable opportunity to be hea...
H
: Validity of order passed u/s 147 r.w.s.144B - availability of alternat...
H
: 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...
A
: GST APPEALS: WHAT ONE SHOULD KNOW
F
: GST PENALTY SECTION 122
C
: Entities allowed to use e-KYC Aadhaar Authentication services of UIDAI...
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
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Black Money .... Act, 2015
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