Highlights / Annotations / Catch Notes For December of 2019

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December 31, 2019
I.Tax: Income-tax (16th Amendment) Rules, 2019 - Modes of payment for the purpose of section 269SU.
December 31, 2019
GST: Initiation of proceedings by the Stage GST officers where Central GST officers have already initiated the proceedings - proper officer - By way of...
December 31, 2019
GST: Duty Drawback - Refund of IGST - Since the Respondents have expressed their apprehension about double benefit of neutralisation of taxes, it would be...
December 31, 2019
I.Tax: Reopening of assessment u/s 147 - Assessing Officer has completely failed to apply his mind to the submissions of the petitioner and also to examine...
December 31, 2019
I.Tax: Reassessment on the basis of the retrospective amendment effected in Explanation-1 to Section 115JB - Provision for Bad and Doubtful Debt - that...
December 31, 2019
I.Tax: Addition on account of forfeiture of advance - nature of expenses - for whatever reason, the advance given was forfeited. In this view of the matter,...
December 31, 2019
I.Tax: MAT - Addition of the provision for Wealth Tax - Book Profit - there was no such provision for making the addition with regard to wealth tax,...
December 31, 2019
I.Tax: Addition on account of cash deposits in personal saving bank account of the shareholder of the company - source of cash deposits are duly explained...
December 31, 2019
I.Tax: Benefit of exemptions u/s.11 denied - charitable activity u/s 2(15) - carrying out planned development of areas as defined and designed by the...
December 31, 2019
I.Tax: Revision u/s 263 - whether the AO has made enquiries about cash deposit capital gains bonds and land investment? - The perusal of the assessment...
December 31, 2019
I.Tax: Addition on account of cash deposited in the bank - undisclosed income - The onus was of the Revenue to reject the contention of the assessee based...
December 31, 2019
I.Tax: Disallowance of Event Management Expenses - Assessee failed to furnish the details of the invitees, the procedure adopted for selecting invitees -...
December 31, 2019
I.Tax: Bogus sale - allegation of unaccounted sale to the petrol pump owners/other industries - the sale price declared by the assessee was accepted by the...
December 31, 2019
I.Tax: Goodwill - capital asset u/s 2(14) - The assessee had therefore garnered substantial experience, reputation and credentials in the business of mining...
December 31, 2019
Cus.: Review petition - presence of an advocate during recording of the statement of the petitioner - There is no reasonable basis for the petitioner to...
December 31, 2019
VAT: Principles of 'Substantial Compliance' or 'Substantial Justice' - Benefit of compounded rate of tax - Merely lapse of making a formal application,...
December 31, 2019
I.Tax: Fraudulent income tax refunds - charge of conspiracy / connivance against the person claiming the refund and ITO - income tax officer, who is...
December 30, 2019
GST: Valuation - works contract - lump-sum amount stood credited to its account on that date as mobilisation advance - whether the unadjusted part of the...
December 30, 2019
GST: Condonation of delay of 77 days - Period of Limitation for filing of appeal against the decision of AAR - the crucial words are “not exceeding thirty...
December 30, 2019
I.Tax: Reopening of assessment u/s 147 - notice in the company name being amalgamated -Participation by the amalgamated company in the proceedings would be...
December 30, 2019
I.Tax: Nature of activity - Capital Gains/loss or income from business - sale of flats - there is a merit in the contentions of the assessee that if the...
December 30, 2019
I.Tax: Disallowance u/s 43B - outstanding municipal tax liability - the assessee was only a collecting agent on behalf of the State and it was the amount...
December 30, 2019
I.Tax: Addition on account of Unexplained paintings - Source of Investment made in the painting - the revenue had failed to place on record any ‘material’...
December 30, 2019
I.Tax: Nature of income - professional fees received by the doctor from the Hospital - Taxable as salary or Income from Business or profession - There is no...
December 30, 2019
I.Tax: Assessment u/s 153C - Papers found during the search of another person - Revenue has not submitted the proper satisfaction except pointing out that...
December 30, 2019
I.Tax: Exemption on account of Gratuity and leave encashment including arrears - the assessee is entitled for the exemption claimed u/s 10(10)(i) and 10(10AA)(i) of the Act. T
December 30, 2019
I.Tax: Bogus purchases - Even if the transaction is not verifiable, the only taxable is the taxable income component and not the entire transaction. - in...
December 30, 2019
Cus.: Refund of Additional Customs Duty (CVD) - excess payment made under protest - unjust enrichment - invoice showed a composite price and duty was not...
December 30, 2019
Cus.: Valuation of imported goods - misdeclaration - contemporaneous import value - the differential duty worked out and demanded from the appellant based...
December 30, 2019
C.Ex.: Rejection of declaration under Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 (SVLDRS) - It is not the case of the Board that declarations...
December 30, 2019
C.Ex.: Clandestine removal - the adjudicating authority is opined to have acted solely to confirm demands mechanically with predetermined negative mind...
December 29, 2019
GST: Bail application - allegation that GST invoices issued without any supply of the goods - In consideration of the gravity of the economic offence, the...
December 29, 2019
GST: Confiscation of Goods and vehicle - Sections 129 and 130 of GST - Even in the absence of the physical availability of the goods or the conveyance,...
December 29, 2019
GST: Detention of Goods and vehicle - Sections 129 and 130 of GST - The goods are not liable to be detained on the ground that the tax paid on the product...
December 29, 2019
GST: Detention of Goods and vehicle - Sections 129 and 130 of GST Act have non-obstante clauses, whereby they can be operated upon in spite of Sections 73...
December 29, 2019
GST: Interpretation of statute - Confiscation of goods alongwith conveyance - exercise of power arbitrarily and without any application of mind. - for the...
December 29, 2019
I.Tax: Application for NIL TDS Certificate u/s 197 (1) - since the petitioner requested the respondent to deduct the tax @ 4% + applicable surcharge & cess...
December 29, 2019
I.Tax: TDS u/s 195 - Royalty - Assessee purchased certain software licenses from M/s.Saipem SPA, Italy, which were used by assessee for providing services...
December 29, 2019
I.Tax: Addition on account of long-term capital gain on sale of properties - VO had applied CPWD rate whereas he should have applied PWD rates and should...
December 29, 2019
I.Tax: Penalty u/s. 271C - TDS default - The plea of the Assessee that failure to deduct tax at source was unintentional and was under the bonafide belief...
December 29, 2019
I.Tax: Addition on account of share capital and share premium - entries had been taken from paper companies and Credit worthiness of the Parties as well as...
December 29, 2019
I.Tax: Penalty u/s 271D - obtaining cash loan in contravention of section 269SS - the cash has been deposited directly in the Bank account of assessee, for...
December 29, 2019
I.Tax: Assessment u/s 153A - As per section 292C,, the loose sheets, books of accounts found during the course of search /survey are presumed to be...
December 29, 2019
I.Tax: Penalty u/s 271C - Payment to Doctors - Employer / Employee relationship or not - AO directed to verify the facts - If it is found that these doctors...
December 29, 2019
I.Tax: Registration u/s 12AA - advancement of any other object of general public utility - Charitable activity u/s 2(15) - activity of providing training in...
December 28, 2019
I.Tax: Capital gain on property inherited - the property inherited by the respective assessees is their individual property and, therefore, the capital...
December 28, 2019
I.Tax: Revision u/s 263 - if the transfer of asset is to be assessed under the head `income from business’ necessarily, the provisions of section 43CA would...
December 28, 2019
I.Tax: Reassessment order passed by the JCIT is void ab initio and liable to be quashed, because the Assessing Officer who had passed the assessment order...
December 28, 2019
Cus.: Principles of natural justice - Inquiry proceedings against Air Cargo Customs Clearing Agent - The action on the part of the department is quite...
December 28, 2019
S.Tax: Recovery of CENVAT credit - allegation that input services were not utilized by the assessee but utilised for the broadcasting of channels by the...

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