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Highlights / Annotations / Catch Notes For November of 2022
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Showing 501 to 550 of 565 Records
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November 4, 2022
PMLA:
Seeking grant of bail - Money Laundering - predicate offence - When the petitioner has not disclosed about the investment, it is for the ED officials to find out any...
November 4, 2022
S.Tax:
Levy of service tax - Event Management services or not - respondent was conducting Cricket Matches as per the direction of BCCI - the subsidy received from BCCI was held...
November 4, 2022
S.Tax:
Rejection of refund of penalty deposited - applicability of principles of unjust enrichment - the provisions of unjust enrichment are not attracted as the burden of...
November 4, 2022
S.Tax:
Cash Refund of CENVAT Credit - Ocean Freight - Though the appellant have paid the Service Tax on Ocean freight on the instruction of audit, but no Show Cause Notice was...
November 4, 2022
C.Ex.:
Suppression of facts or not - Extended period of limitation - The evidences on record do not show that the appellant had acted otherwise than in a bona fide manner - The...
November 4, 2022
VAT:
Validity of assessment order - sale on loan transaction - the Assesee has neither produced any contract nor the agreement to prove the contention that there was a loan...
November 4, 2022
VAT:
Validity of assessment order - Though the order contains a voluminous list of the details of the dealer's name and value of the goods, the concluding portion of the...
November 4, 2022
Indian Laws:
Dishonor of Cheque - recording the sworn statement - Merely in the first paragraph, the learned Magistrate has not stated cognizance was not taken and later in the last...
November 3, 2022
GST:
Exemption from GST - pure services or not - The term ‘pure services’ has not been defined under the Act. However, a bare reading of the description of services as...
November 3, 2022
GST:
Classification of goods - rate of GST - HSN Code - manufacturing of Industrial Safety belt and Harness - The item industrial safety belt manufactured by the applicant...
November 3, 2022
I.Tax:
Validity of Reopening of assessment - The initial notices u/s 148 issued on 31st March, 2021 Section 151 of the Act as it stood prior to 1st April, 2021 would apply. In...
November 3, 2022
I.Tax:
Exemption u/s 11 - On lifting the veil, it is clear as daylight that the modus operandi adopted by the Assessee Institutions and Trusts are with the twin objectives of...
November 3, 2022
I.Tax:
Deduction u/s 80P - there was a few-month delay in filing the ITR by the assessee and ITR was filed within due date permissible u/s 139(4) of the Act, in which the claim...
November 3, 2022
I.Tax:
Addition u/s. 68 - levy of tax u/s. 115BBE - There is no scope for telescoping inasmuch as the cash receipt to the assessee, as inferred by us, arises in March, 2017,...
November 3, 2022
I.Tax:
Disallowance of making charges - If the making charges rate as determined by the Revenue at Rs.3/- per gram has to be considered, the aforesaid karigar’s net profit...
November 3, 2022
I.Tax:
Addition u/s. 68 - unexplained cash credits - though the assessee had duly substantiated the authenticity of the transactions of having received advances from 18 parties...
November 3, 2022
I.Tax:
Revision u/s 263 by CIT - Period of limitation - In the light of provisions of section 3(1)(a) of Relaxation Act, 2020 & notification dt. 31/12/2020 r.w. press release,...
November 3, 2022
I.Tax:
Deduction u/s 80G - deductions are duplicate in nature - The non-obstinate clause does not impinge the powers of Assessing Officer to examine deductions claimed after...
November 3, 2022
Cus.:
Validity of final assessment orders passed by the Customs authorities - violation of principles of natural justice - Since there is obvious violation of the principles...
November 3, 2022
Cus.:
Condonation of delay - if we were to accept the presumption created by section 153 (3) of the Act, the respondent revenue would have to discharge the initial burden that...
November 3, 2022
Cus.:
Levy of ADD - Classification of imported goods - FRP rods - The glass fibre is raw material and product in question is final product. Hence, undoubtedly both items are...
November 3, 2022
IBC:
Condonation of delay of 13 days in filing the Appeals - The present is a case where Appellant cannot be blamed for not applying the certified copy of the Order dated...
November 3, 2022
S.Tax:
Extended period of limitation - Short payment of Service Tax - The suppression of facts should be deliberate and in taxation laws it can have only one meaning, namely...
November 3, 2022
C.Ex.:
Refund of Excise duty paid mistakenly - principles of unjust enrichment - though the appellants produced Cost Accountant and Chartered Accountant’s certificate, these...
November 3, 2022
C.Ex.:
Restoration of appeal - SVLDRS - Unless the tax dues as pointed out by the Designated Committee have been paid by the applicant under the said scheme, the issue cannot...
November 3, 2022
VAT:
Restoration of penalty - The Tribunal is justified in reversing the order of the Deputy Commissioner (Appeals) as the mandatory provision under section 46(3) of the Act,...
November 3, 2022
Indian Laws:
Interpretation of statute - Overriding effect of provisions of MSMED Act, 2006 - A party who was not the “supplier” as per Section 2 (n) of the MSMED Act, 2006 on the...
November 3, 2022
Indian Laws:
Dishonor of Cheque - modification of sentence of imprisonment to fine - though compounding requires consent of both parties, even in the absence of such consent, the...
November 3, 2022
Indian Laws:
Dishonor of Cheque - discharge of burden to prove - The trial court as well as the appellate court correctly appreciated the evidence and came to the conclusion that the...
November 2, 2022
GST:
Interest on delayed payment of taxes - appeal rejected on the count that the petitioner has not paid the amount of tax, interest, fine, fee and penalty arising from the...
November 2, 2022
GST:
Taxability - agricultural produce or not - seeds produced/ procured and processed, packed and sold - If the activities of the applicant are only cleaning, drying,...
November 2, 2022
GST:
Admissibility of appeal - time limitation - appeal not filed on time - in any foreseeable case, the last date for filing of appeal under law in the instant case was...
November 2, 2022
GST:
Classification of supply -Works Contract - composite supply of works contract service or not - movable or immovable project - the said project of construction for...
November 2, 2022
I.Tax:
Chargeability of notional interest on deposits under Income from House Property - ALV determination - CIT(A) has rightly concluded that estimation of ALV on the basis of...
November 2, 2022
I.Tax:
Addition u/s 68 - unexplained cash towards cash deposits made during the demonetisation period - AO did not reject the books of accounts of the assessee and has not...
November 2, 2022
I.Tax:
Assessment in the hands of HUF - the HUF was disrupted / partitioned as on the date of assessment (Assessment order in case of HUF was . completed on 25.03.2013) and the...
November 2, 2022
I.Tax:
Addition of sum received as "Gift" by the assessee from his "father" - The donor is about 85 years old and the amount has been gifted to his own son through a gift deed...
November 2, 2022
I.Tax:
Revision u/s 263 - the AO merely accepting the explanation of the assessee cannot be faulted merely because it could have been lawful to make more detailed inquiries or...
November 2, 2022
I.Tax:
Income recognition - advances received from customers - the customers advances carried over year after year and it is the consolidated list of advances as on balance...
November 2, 2022
Cus.:
Refund of sale proceeds of Gold - It is very clear that the department has disposed of /sold the goods on the understanding that the first order of the adjudicating...
November 2, 2022
Cus.:
Penalty of Rs. 40 lakhs under Section 112(b)(i) of the Customs Act - Smuggling - foreign origin gold - The confiscation of gold under the facts and circumstances is bad...
November 2, 2022
Cus.:
Denial of benefit of Project Imports Regulations, 1986 - substantial benefit of exemption from Customs duty has wrongly been denied by invoking procedural provision...
November 2, 2022
Cus.:
Breach of condition of Foreign Trade Policy (FTP) - A decision on the contractual breach of obligation entered into in relation to schemes under the Foreign Trade Policy...
November 2, 2022
Co.Law:
Failure to appoint Whole time Company Secretary within a period of six months - The penalty is imposed on the Company and its Officers in default as per table below for...
November 2, 2022
PMLA:
By handing over money with the intent of giving bribe, such person will be assisting or will knowingly be a party to an activity connected with the proceeds of crime....
November 2, 2022
PMLA:
Attachment of property - expiry of period of limitation for filing appeal - There is no scope to interpret the provisions contained in Section 8(4) and Section 26 of the...
November 2, 2022
PMLA:
Validity of summons - Mere fact that the reply has been filed and the requisite documents as required in first summons have been furnished, does not absolve the...
November 2, 2022
S.Tax:
Levy of service tax - healthcare services - The exemption notification will be relevant if tax liability can be fastened on the respondent in the first place. In the...
November 2, 2022
C.Ex.:
Marketability - different iron and steel items such as plates, angles, channels, beams etc. - turnkey project - these are articles that have been fabricated or...
November 2, 2022
C.Ex.:
Recovery of dues - existence of dues as per the resolution plan approved by NCLT or not - This tribunal being creature under the Customs Act, even though the Insolvency...
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Quick Updates:
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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...
F
: sales Against 0.1% GST- if export not done within 90 Days
F
: INQUIRY BY THE APPELLATE AUTHORITY
F
: Penalty under Section 73(1) of CGST Act, 2017
F
: ITC of FY 2017-18 blocked
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...
H
: Reconsideration of Resolution plan - The petitioners/appellants seek a...
H
: Maintainability of application u/s 7 - time limitation - The Appellate...
H
: Money Laundering - scheduled offences - predicate offence - The High C...
H
: Non-payment of service tax - aviation services - The Tribunal acknowle...
H
: Exemption from Service Tax - Road construction services in private com...
H
: Refund of Cenvat credit availed on Education Cess and Higher Secondary...
H
: Refund claim - Reduction in price subsequently resulting in payment of...
H
: Refund of CVD/SAD paid - Unable to avail and utilize the credit of CVD...
H
: Attachment by the sales tax authorities over an apartment in Mumbai - ...
H
: Dishonour of Cheque - insufficient funds - discharge of legal liabilit...
A
: How to become a crorepati via SIP
F
: QUANTUM OF PENALTY UNDER THE IGST ACT
C
: Master Direction – Risk Management and Inter-Bank Dealings: Amendments
H
: Levy of maximum penalty - penalty imposed on the basis of technical er...
H
: Benefit of exemption from GST - educational institution or not - The c...
H
: Validity of assessment order - non-speaking assessment order - non-app...
H
: Maintainability of appeal - appeal dismissed at the admission stage on...
H
: Validity of reopening of assessment u/s 147 - The High Court analyzed ...
A
: Roving Judgements!
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