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Highlights / Annotations / Catch Notes For November of 2018
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Showing 51 to 100 of 613 Records
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November 29, 2018
VAT:
Claim of exemption - proof of new investments -It would remain open to the revenue to examine whether the unregistered dealer/seller claimed by such assessee was genuine...
November 29, 2018
VAT:
There are no reason to sustain the distinction sought to be drawn between M-Sand and manufactured sand. M-Sand as it is generally understood is manufactured sand...
November 29, 2018
VAT:
Forfeiture of tax paid u/s 46A of KGST Act - Sale of SIM Cards - The claim for refund, if any, would subsist only in the consumer and it is the State who is competent to...
November 28, 2018
State GST:
Guidelines for Deductions and Deposits of TDS by the DDO under Meghalaya Goods and Services Tax (MGST) Act, 2017.
November 28, 2018
I.Tax:
Allowance of interest expenditure u/s 37 - interest paid to the depositors - there was no business in finance carried on by the Firms and the partners had merely taken...
November 28, 2018
I.Tax:
When there is no significant or noticeable decline in the G.P. in comparison to the earlier year whereas there is a significant increase of six times in the turnover....
November 28, 2018
I.Tax:
Eligible for deduction u/s 80P - AO directed to allow pro rata expenses in respect of interest earned from deposit held with nationalized bank to the assessee for...
November 28, 2018
I.Tax:
Levy of penalty u/s.271D - assessee has not been able to substantiate its claim for receiving amounts in cash - A deposit need not be interest bearing. So also a loan -...
November 28, 2018
I.Tax:
Disallowance of provision for wages - allowable deduction u/s 36 - the assessee is eligible for claim of PACS Manager Fund payment as expenditure.
November 28, 2018
GST:
Levy of GST - premimum for leasing out of the plot allotted to the petitioner for the purposes of hospital, nursing home, diagnostic centeres etc. - Demand raised...
November 28, 2018
IBC:
Initiation of Corporate Insolvency Resolution Process - sale of flats with assured return plan - developer failed to refund the assured - Financial Debt - Though...
November 28, 2018
IBC:
Initiation of Corporate Insolvency Resolution Process - booking of three flats - buy-back agreement cum guarantee deed - Adjudicating Authority is only to ascertain the...
November 28, 2018
Co.Law:
Territorial jurisdiction - Merely, because the dispute is about those shares which are issued by Indian Company would not lead to the conclusion that cause of action has...
November 28, 2018
Cus.:
DFIA Scheme - mentioning the technical characteristics, quality and specifications of the perfumes/essential oils/ aromatic chemicals used by it in its shipping bills. -...
November 28, 2018
Cus.:
Name of the petitioner agency placed in its electronic system under "Alert" - the department seeks recovery of amount coercively by blocking the petitioner's future...
November 28, 2018
S.Tax:
Voluntary Compliance Entitlement Scheme - correction sought in the erroneous declaration made in VCES-1 form to reduce the tax liability - it would be a purely...
November 28, 2018
S.Tax:
Refund of service tax paid on brokerage charges collected from the Foreign Institutional Investors - Unjust enrichment - since the services rendered by the Respondent to...
November 28, 2018
S.Tax:
Valuation - The electricity charges reimbursed to the service provider by the service recipient not includible in gross value of renting of immovable property service.
November 28, 2018
S.Tax:
Valuation - inclusion of terminal charges shown as the miscellaneous income - demanding a service tax on the notional value taken by the appellant only for the purpose...
November 28, 2018
S.Tax:
Valuation - inclusion of transaction charges collected by the appellant from their clients for providing stock broking services - since this liability have been passed...
November 28, 2018
S.Tax:
Classification of services - the appellant has to represent the Timken (USA) to their various customers - The services availed by the appellant are more akin to...
November 28, 2018
C.Ex.:
Classification of goods - Naptha - whether Naphtha can be classified as a ‘motor spirit’? - Held No
November 28, 2018
C.Ex.:
CENVAT Credit - denial on the ground that the duty involved is not indicated in the relevant invoices, also on the ground that the name of the appellant itself does not...
November 28, 2018
C.Ex.:
CENVAT Credit - Input services - The activities undertaken by such Commission Agent/broker would definitely fall under the ‘services of sale’ - credit allowed.
November 28, 2018
C.Ex.:
Levy of Tea Cess - export of tea under bond under Rule 19 - whether the appellants on export of tea are required to discharge Tea Cess which is otherwise leviable under...
November 28, 2018
C.Ex.:
Irregular availment of CENVAT Credit - 100% CENVAT credit on capital goods availed in the first year instead of 50% - they had sufficient balance in their CENVAT credit...
November 28, 2018
VAT:
Mining Services - C-Forms - concession for the HSD - whether “quarrying” can act as “mining”? - benefits under Section 8 of the CST Act - whether the fuel it uses for...
November 28, 2018
VAT:
Rejection of the claim of inter-state purchases on commission basis - issuance of Form-H - Though it is true that a claim of the export sale cannot co-exist with the...
November 28, 2018
VAT:
Exemption form sales tax - sales effected from the Customs Bonded Warehouses - sales in the course of import or not - The documents having evidenced the sale before the...
November 27, 2018
State GST:
Scope of principal and agent relationship under Schedule I of CGST Act, 2017 in the context of del-credre agent.
November 27, 2018
Cus.:
Refund of IGST paid on exports of goods done from Non-EDI sites-reg.
November 27, 2018
DGFT:
Procedure for allocation of quota for import of (i) Calcined Pet Coke (0.5 Million MT per annum) for Aluminum Industry and (ii) Raw Pet Coke (1.04 Million MT) for CPC...
November 27, 2018
SEBI:
Operating Guidelines for Alternative Investment Funds in International Financial Services Centres
November 27, 2018
GST:
Classification of supply - The activities performed under the ‘Comprehensive Maintenance Contract’ are to be treated as a composite supply of services and the activities...
November 27, 2018
GST:
Levy of GST - One time concession fees charged - the applicant is not entitled for the benefits of exemption and the activity of long term lease is liable for levy of GST.
November 27, 2018
GST:
Penalty u/s 129 of GST Act - E-way bill - transport at the behest of an individual, an unregistered person - if the conditions under the Act and Rules are not complied...
November 27, 2018
I.Tax:
Method of accounting - mercantile system of accounting for one project and cash basis for another project - The assessee cannot choose to follow mercantile system for...
November 27, 2018
I.Tax:
Exemption u/s 10(34) - If a certain income is exempt at the hands of receiptant by virtue of statutory provision, unless a provision is made in the statute itself, such...
November 27, 2018
I.Tax:
Block assessment u/s 158BC - Claim for loss on house property as set off against income computed for the block period - the assessee is entitled to make such claim even...
November 27, 2018
I.Tax:
It was essential that the AO should have taken the proceedings u/s 158BD within a reasonable time, and a period of three years for issuance of notice and seven years for...
November 27, 2018
I.Tax:
Penalty u/s 271(1)(c) - the assessee has furnished bonafide and genuine explanations as to an inadvertent mistake committed by it which was an human error committed...
November 27, 2018
I.Tax:
Once the department accepts the settlements and mandatory requirement of affixing the stamps there is no reason to suspect the expenses incurred by the assessee towards...
November 27, 2018
I.Tax:
Addition u/s 68 - unsecured loans receipt - Merely because the summons issued seeking their personal appearance is not complied with, the entire transactions cannot be...
November 27, 2018
I.Tax:
Disallowance of exploration expenses pertaining to Pranhita Godavari (PG) Block - the unsuccessful oil exploration expenses is allowable u/s 42(1)(a)
November 27, 2018
I.Tax:
The withdrawal of recognition u/s 35(1)(ii) in the hands of the payee organizations would not affect the rights and interests of the assessee herein for claim of...
November 27, 2018
Co.Law:
Compounding of the offences committed under Section 135 r.w. Section 134(3)(o) of the Companies Act, 2013 - offense compounded - The Company is directed to pay the...
November 27, 2018
Indian Laws:
Liability on account of dishonor of Cheque - contention of the petitioner has been that the cheque in question does not bear his signatures and that the signatory...
November 27, 2018
Cus.:
Release of detained empty container denied - demurrage - As the importer has been found guilty, they could be made liable for payment of rental dues and not the container owner.
November 27, 2018
Cus.:
Classification of imported goods - raw jute cutting grade imported by the appellant from Bangladesh through LCS Petrapole - to be classified under Tariff Heading 53039010
November 27, 2018
S.Tax:
Service of notice - whether speed post is proper service or not - There is nothing on record to show that order sent by speed post was received by the assessee himself.
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