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Highlights / Annotations / Catch Notes For December of 2019
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December
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Showing 401 to 450 of 495 Records
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December 6, 2019
VAT:
Rate of tax - the tax on the sale of coal within the said limit was @ 4 %. In view of Section 8 (2) (a) of the CST Act, sale of coal made by the revisionist without...
December 6, 2019
VAT:
Recovery of interest on delayed refund from fourth respondent (VAT officer), personally, from out of his salary - specific notice of writ petition ought to have been...
December 6, 2019
Indian Laws:
Waiver of the requirement of pre-deposit under Section 21 of the Recovery of Debts and Bankruptcy Act, 1993 - no plea was advanced about the Petitioner being in any...
December 5, 2019
FEMA:
Exim Bank's Government of India supported Line of Credit (LOC) of USD 500 million to the Government of Bangladesh
December 5, 2019
C.Ex.:
Central Government specifies enactments to which the Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 shall be applicable
December 5, 2019
GST:
Profiteering - supply of construction services related to purchase of Flat - the ratio of ITC in pre-GST period was higher than the post-GST period. - The allegation...
December 5, 2019
I.Tax:
Reopening of assessment u/s 147 r.w.s. 148 - Participation in the assessment proceedings after rejection of objections by the AO, without challenging the order of...
December 5, 2019
I.Tax:
Assessment of AOP - Addition adopting net profit ratio @ 11.59% of the gross receipts - Tribunal as a matter of fact has found that the requirements of CBDT circular...
December 5, 2019
I.Tax:
Interest attributed to the funds diverted to sister-concern - Since no fresh advances were given during the relevant assessment year to the sister concern and when no...
December 5, 2019
I.Tax:
Claim of Excessive depreciation on building - the preponderance of the probability suggests that raising of bogus bills by the subcontractors to the contactors and then...
December 5, 2019
I.Tax:
TDS liability on UC/bandwidth Charges paid to foreign carriers - When on one aspect, the matter is decided against the assessee i.e. Royalty aspect in the present case,...
December 5, 2019
I.Tax:
Withdrawal of refund which was granted on refund u/s 244A - Reduction in interest due to order of CIT(A) - the excess claim of interest is required to be called back u/s....
December 5, 2019
I.Tax:
Commission paid by the Partnership firm to HUFs - contribution of an individual, who helps the firm in two capacities viz; first in the capacity of partner and secondly...
December 5, 2019
Cus.:
Extended period of limitation - Validity of SCN - The circular issued by the CBEC no doubt deals with the ingredients for extended period, but on the examination of the...
December 5, 2019
Cus.:
Valuation of imported goods - High Seas Sale - inclusion of service charges in the assessable value - canalizing agent or not - The mere fact that the bids for import...
December 5, 2019
Co.Law:
Winding up proceedings - conduct of Official Liquidator (OL) - The OL really should have no interest in seeking to retain its control over the company under liquidation...
December 5, 2019
Co.Law:
Composition of offences under the provisions of the Companies Act, 1956 did not in any manner preclude the appellant from initiating any proceedings for alleged...
December 5, 2019
Co.Law:
The approval of the Resolution Plan does not mean automatic waiver or abetment of any legal proceedings which are pending by or against the Company/ Corporate Debtor as...
December 5, 2019
SEBI:
Multiple trades on the same day - fraudulent and unfair trade - Even though preponderance of probability is sufficient to prove PFUTP violations still fraudulent and...
December 5, 2019
IBC:
Whether the High Court ought to interfere, under Article 226/227 of the Constitution, with an Order passed by the National Company Law Tribunal in a proceeding under the...
December 5, 2019
S.Tax:
Intellectual Property Service - Application for IPR was filed - As regards, the requirements of law, the governing statute is the PPV Act, according to which the Right...
December 5, 2019
S.Tax:
Classification of services - Online Information Database Access and Retrieval (OIDAR service) or not - developing and export of software - The appellants are not liable...
December 5, 2019
C.Ex.:
Rebate claim - rejection on the ground of time limitation - It is contended that no time limit has been prescribed for filing a rebate claim under Rule 18 of Rules and...
December 5, 2019
VAT:
Levy of Sales Tax - agriculturist, producer of raw rubber could be treated as dealers or not - The questions raised for consideration has to be necessarily answered...
December 5, 2019
Indian Laws:
Recovery of dues from company - employees dues - priority claim on debts - - Section 529A of the Companies Act, which gives workers’ dues a priority over all other...
December 5, 2019
Indian Laws:
Dishonor of cheque - This court has specifically ruled that the second part of Section 145(2), nowhere talks about assigning reasons in the application for...
December 4, 2019
GST:
Filing of appeal before GST Tribunal - Period of limitation will commence from the date of constitution of Appellate tribunal where the order has been passed before such...
December 4, 2019
GST:
Classification of services - security and scavenging services to the Government hospitals - Applicant is liable to pay GST on the portion of the payment received on...
December 4, 2019
GST:
Grant of registration - migration of registration under Notification dated 6.8.2018 - the stand of the Revenue is only that the application for migration was belated -...
December 4, 2019
S.Tax:
Principles of natural justice - Issuance of SCN after making inquiry - Deliberate concealment of material facts - he position is not as the one projected by the...
December 4, 2019
GST:
Detention of goods alongwith vehicle - consignee is an unregistered dealer - detention on the ground that there was a possibility of evasion of payment of IGST in Kerala...
December 4, 2019
GST:
Refund of input services - Grant of any interim relief, as prayed for, would virtually amount to directing the Respondents to act contrary to the provisions of Rule...
December 4, 2019
GST:
Detention of truck - Power of police officer - without invoking the provisions of Section 67 of the AGST Act and following the procedure prescribed therein, it would be...
December 4, 2019
GST:
Profiteering - purchase of Flat - Respondent shall reduce the prices to be realized from the buyers of the flats commensurate with the benefit of ITC received by him....
December 4, 2019
I.Tax:
Transfer Pricing (TP) adjustments - Transfer Pricing (TP) adjustments - debar of deduction u/s 10A on addition income assessed u/s 92CD as per the Proviso to 92C(4) -...
December 4, 2019
I.Tax:
Exemption u/s 11 - the trust is operating buses to transport the students at free of cost. In case of breakdown, the Managing Trustee offers the vehicles of his own...
December 4, 2019
I.Tax:
Exemption u/s 11 - entitled for registration u/sec 12A - imparting training in performing arts like various dance forms including traditional “Kuchipudi” - an assessee...
December 4, 2019
I.Tax:
Accrual of income - Permanent Establishment (PE)/Service PE/ Supervisory PE - There is no evidence of doing work by the Director in India in market research and related...
December 4, 2019
I.Tax:
After its amendment brought in by Finance (No. 2) Act, 2014 given a specific relief to the assessee that in case of non-deduction of tax at source or non payment of tax...
December 4, 2019
I.Tax:
Penalty u/s 271(1)(c) - Defective notice - a proper satisfaction has been arrived at before initiation of penalty proceedings, and then a defect in notice including mere...
December 4, 2019
I.Tax:
MAT - Disallowance of depreciation on fixed assets to the book profits computed u/s 115JB - resadjudicata - Once the claim of the assessee has been accepted in earlier...
December 4, 2019
Cus.:
Release of detained goods - over-valuation of goods - seizure memo issued - there is no reason to interfere with this seizure memo at this stage - Show Cause Notices are...
December 4, 2019
Cus.:
Reopening of appeal - power to review its own order - such taking up of the Appeal was a result of miscommunication. It is obvious that the factum of disposal of the...
December 4, 2019
Cus.:
Refund of SAD - As regards unjust enrichment Board itself has clarified the issue that Chartered Accountant certificate indicating non passing of duty to the customers...
December 4, 2019
IBC:
Permission to withdraw the CIRP Application - if 90% voting share of Committee of Creditors approves application for withdrawal then Adjudicating Authority to allow for...
December 4, 2019
S.Tax:
Classification of services - service of construction of residential complex or not - personal use - this being a case of demand, the onus was on revenue to establish...
December 4, 2019
S.Tax:
CENVAT credit - input services - Food coupons/sodexo coupons - These services are in the nature of welfare service and purely for personal consumption of employees as...
December 4, 2019
S.Tax:
Association of persons - clubbing of rent - the benefit of the exemption notification would be available to individual owners of the property and clubbing of rent of all...
December 4, 2019
C.Ex.:
Service of order - Relevant date for communication of order - Period of limitation for filing an appeal - the appellant could able to demonstrate and rebut the...
December 4, 2019
C.Ex.:
Valuation - Merely because the corrugated box was supplied by the customer that does not make difference as far as inclusion of cost of packing material required to...
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