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Highlights / Annotations / Catch Notes For November of 2020
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Showing 251 to 300 of 343 Records
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November 9, 2020
S.Tax:
100% EOU - Refund of CENVAT Credit - Nexus of input services with export - there can be cases where the input service was for output service A which is domestically sold...
November 9, 2020
C.Ex.:
Clandestine Manufacture and removal - Pan Masala and scented zarda - Release of applicant on Bail - a person cannot claim as a matter of right to be released on bail...
November 9, 2020
C.Ex.:
CENVAT Credit - credit on FFC & MTOP - the department cannot deny the credit availed after collecting the excise duty - demand do not sustain - AT
November 7, 2020
GST:
Transitioinal credit - TRAN-1 form - As admittedly in this case the Respondents have found the Petitioner to be eligible for input credit amount in question, in our view...
November 7, 2020
I.Tax:
Revision u/s 263 - AO allowed the claim of carried forward of losses u/s 72A based on an incorrect assumption of facts - The action of the assessing officer, though...
November 7, 2020
I.Tax:
Cognizance for the offence u/s 276C(1) - enquiry by the investigation wing - unusual credit of large amount through RTGS in bank account maintained by the petitioner and...
November 7, 2020
I.Tax:
Interest payable u/s 244A(1) - the matter is remanded to the CIT(A) to consider whether under explanation to Section 140A(1), it is stipulated where the amount paid by...
November 7, 2020
I.Tax:
Unsecured loan received from the directors - Additions u/s 68 - The explanation offered by the assessee that the bank account and the capacity of the creditor who have...
November 7, 2020
I.Tax:
Penalty u/s 272A(2)(c) - interest payment exceeding ₹ 10,000 - non deduction of TDS u/s 194A - Other than filing appeals and not representing the same, nor giving...
November 7, 2020
I.Tax:
Computing the profits and gains of the business of production of feature films - the amount realised by the assessee on sale of audio rights and TV rights of the film...
November 7, 2020
I.Tax:
TDS u/s 195 - software expenses - the arrangement of the assessee company with its AE is of purchase of computer software at agreed price i.e. sale price to the Indian...
November 7, 2020
I.Tax:
Re-opening of assessment u/s 147 - whether the non-resident entities had Permanent Establishment (“PE”) in India and if the PE existed what would be the income...
November 7, 2020
I.Tax:
Validity of notice issued u/s 153A - merely because the seized record has been numbered as “HM” does not necessarily mean that the same was seized from a different...
November 7, 2020
I.Tax:
Income from royalty - bookings arising from India, the payment for Altea Reservation System (ARS) is made by the British Airways for the use of system for the purpose of...
November 7, 2020
I.Tax:
Capital gain computation - sale of joint property - assessee’s claimed that, they are entitled to 1/6th share, in the total property under Hindu succession Act - AO...
November 7, 2020
I.Tax:
Deduction u/s 80P(2) on interest income received from co-operative banks - Assessee’s claim regarding deduction u/s. 80P(2)(a)(i) cannot be rejected on this basis that...
November 7, 2020
Cus.:
Classification of goods - machinery used for making footwear and footwear sole/strap/heel - The fact that in some other case benefit has been given to the importer on...
November 7, 2020
Cus.:
Amendment of IGM - Import General Manifest - The claim of the petitioners, as put forth by them, for amendment of the IGM, needs to be considered by the Competent...
November 7, 2020
Cus.:
The right of appeal is a substantive right of an aggrieved person. It is not a matter of procedure but is a vested right conferred by the statute. Being a statutory...
November 7, 2020
IBC:
Refund of amount which had been adjusted during CIRP by the Appellant Bank from Fixed Deposits - Once CIRP was initiated and Section 14 of IBC applied such adjustment by...
November 7, 2020
C.Ex.:
Interest on delayed refund claim - Period of limitation - There is requirement of claiming interest along with refund of duty, no separate application u/s 11B is...
November 7, 2020
Indian Laws:
Jurisdiction of the Consumer Forum / Commission - Buyers of Flat - consumer or not - applicability and effect of the RERA Act - the proceedings initiated by the...
November 6, 2020
GST:
Validity of fresh proceedings under Section 74 of GST Act - there are no force in the submission of the learned counsel for the petitioner that it is only the Central...
November 6, 2020
I.Tax:
Accrual of income - Revenue recognition - real or hypothetical income - The assessee did not raise any demand on account of wheeling charges and since, there was...
November 6, 2020
I.Tax:
Foreign tax credit claimed under Article 24 of India- UK DTAA read with Section 90 - assessee who is a resident of India and has derived from salary which has suffered...
November 6, 2020
I.Tax:
Accrual of income - Though the payment was not received by the assessee during the year under consideration, however, once the said payment was accrued and become due in...
November 6, 2020
I.Tax:
Allowable expenditure u/s 37 - Guarantee money - in the event assessee is not able to make good the full payment towards R&R plan as directed by CEC, the guarantee money...
November 6, 2020
I.Tax:
TP Adjustment - international transaction of `Payment of Regional Service charges (RSC)’ - TPO has referred to regional services being in the nature of shareholder...
November 6, 2020
I.Tax:
Assessment u/s 153A - Need for spelling out ‘Satisfaction note’ - the ld. CIT(A) while adjudicating the legal issue of the validity of the satisfaction note prepared by...
November 6, 2020
Cus.:
Classification of imported goods - goods are old and used rubber tyres reusable as tyres or are old and used rubber tyres scrap being in pressed baled form? - this...
November 6, 2020
Cus.:
Valuation of imported goods - watches - rejection of transaction value - in absence of any of the special circumstances indicated in Section 14(1) ibid read with Rule 3...
November 6, 2020
IBC:
CIRP Proceedings - Levy and Recovery of Capital Gains Tax - proceeds received from sale of assets of the corporate debtor - the tax liability arising out of the sale of...
November 6, 2020
C.Ex.:
Substitution of estimated amount payable as mentioned in forms SVLDRS-2 and SVLDRS-3 with the tax dues less tax relief amounts - Having regard to the objective of the...
November 6, 2020
VAT:
Levy of Interest on belated payment of tax - belated filing of returns - Once Section 24(3-A) is held to be applicable, the challenge to the impugned orders is not...
November 6, 2020
S.Tax:
Taxability - Whether bariatric surgery which the appellant performs would be cosmetic surgery or plastic surgery so as to be taxable u/s 65(105)(zzzzk) of the Finance...
November 6, 2020
Cus.:
Exemption from IGST - Re-import of aircrafts and parts thereof after repairs - the meaning assigned to duty of customs, as discussed above, is the meaning assigned to...
November 5, 2020
GST:
Power to conduct audit/verification of documents and records under erstwhile service tax law - Jurisdiction, post GST Law - Having regard to the language used in the...
November 5, 2020
I.Tax:
Rental income or otherwise - mesne profit - TAT was right in holding that mesne profits and interest on mesne profits received under the direction of the Civil Court for...
November 5, 2020
I.Tax:
Lump sum payment for development of infrastructure for uninterrupted power supply - revenue expenditure u/s 37(1) - The instant case, though the assessee has parted with...
November 5, 2020
I.Tax:
Exemption u/s 11 - proof of charitable activities - receipts from the business of upgrading the local indigenous low milk yielding cattle by cross breeding them with the...
November 5, 2020
S.Tax:
Renting of immovable property service - Appellant is providing service to the film Distributors by way of renting its theatre for screening the films - It is not...
November 5, 2020
I.Tax:
Disallowance of job charges paid - sufficient evidences have been filed by the assessee before the revenue authorities for substantiating the claim of the assessee...
November 5, 2020
I.Tax:
Revision u/s 263 - The inquiry made by the AO pertained to the issue as regards the valuation of opening and closing WIP of the assessee’s project and determination of...
November 5, 2020
I.Tax:
TP Adjustment - Safe Harbour Notification dated 18th September 2013 relied upon by the Revenue is prospective. Since, Safe Harbour Rules are not operative for the year...
November 5, 2020
Co.Law:
Oppression and Mismanagement - prayer to waive the requirements prescribed under Section 244 of the Act to enable the Petitioners to apply under Section 241 seeking the...
November 5, 2020
IBC:
Extension of CIRP period for a further period of 90 day - the intention of the Committee of Creditors to invite fresh Expression of Interest to enable more bonafide...
November 5, 2020
IBC:
Approval of the Resolution Plan - distribution mechanism - It is not the Appellant’s grievance that he has been discriminated against as a dissenting Financial Creditor...
November 5, 2020
S.Tax:
CENVAT Credit - insurance service received by the banks from the Deposit Insurance and Credit Guarantee Corporation - initially there was Difference of Opinion - credit allowed - AT
November 4, 2020
GST:
GST evasion - Suspension and cancellation of importer exporter code (IEC) Number - It is trite that when a law requires a thing to be done in a particular manner, it has...
November 4, 2020
GST:
Detention of goods alongwith vehicle - if this Court ignores the classification issue as also the non-registration issue which are not relevant for the purposes of...
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: Penalty under Section 73(1) of CGST Act, 2017
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: Refund of IGST Charged and collected from Foreign Customer on Export o...
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: sales Against 0.1% GST- if export not done within 90 Days
C
: Nomination for Mutual Fund Unit Holders – exemption for jointly held folios
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: Ease of doing business- Fund manager for Mutual fund schemes investing...
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: Reporting Entities notified for Aadhaar authentication service of the ...
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: Supreme Court orders about alleged bogus capital gains on alleged penn...
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: Regarding amendment in Notification No. 77/2023 -Cus. (N.T.) dated 20....
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: Scope of SCN - impugned order proceeds on a completely different basis...
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: Fixation of Tariff Value of Edible Oils, Brass Scrap, Areca Nut, Gold ...
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: Determination of time limit for filing of Appeal before the Appellate ...
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: Violation of principles of natural justice -cryptic order - Considerin...
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: Extinguishment of liability as per order of NCLT - challenge to order ...
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: Garnishee order - long delay of about more than a year in filing these...
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: Seeks to amend No. 18/2022-Central Excise, dated the 19th July, 2022 t...
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: Exemption supply or not - services of leasing of the land for industri...
H
: Classification of service - Supply of services including transportatio...
H
: Classification of goods - paper cups - The Authority determined that d...
H
: Supply of Goods or services - Sale of Demo Cars - Reimbursement of Los...
H
: Entitlement to Input Tax Credit (ITC) - Inward supply of Car / Demo ca...
H
: Taxable supply or not - Entry fee collected from the visitors/ devotee...
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: Retrospective cancellation of GST registration - The show cause notice...
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: Stay of demand - The High Court acknowledged that the grant of stay is...
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: Revision u/s 263 - scrutiny assessment was completed on the return of ...
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: Levy of penalty u/s 271C - Period of limitation - Failure to deduct TD...
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