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Highlights / Annotations / Catch Notes For December of 2020
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December
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Showing 201 to 250 of 449 Records
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December 18, 2020
I.Tax:
Disallowance of Bid loss - merely because a different treatment was given in the books of accounts cannot be a factor which would deprive the Assessee from claiming the...
December 18, 2020
I.Tax:
Addition u/s. 68 - the CIT(A) granted partial relief to the assessee. This relief was granted to the assessee based upon an elaborate remand report filed by the AO which...
December 18, 2020
I.Tax:
Depreciation u/s 32(1)(ii) in respect of intangible assets - From perusal of the order passed by the Assessing Officer itself it is axiomatic that he has found that the...
December 18, 2020
I.Tax:
Addition u/s 68 - Unexplained loan - Neither any written contract nor any identity of the Creditor, having been established in the present case, we cannot find any fault...
December 18, 2020
I.Tax:
Challenging order u/s 230(1A) - Tax clearance certificate in case of traveling out of the country - An order under Section 230(1A) cannot be arbitrary or capricious...
December 18, 2020
Cus.:
Refund of sale proceeds of the confiscated goods which were later sold in public auction - This claim of the writ petitioner was clearly negated by the Commissioner of...
December 18, 2020
Cus.:
Revocation of Customs Broker Licence - forfeiture of security deposit - imposition of penalty - failure to to comply with the provisions of Regulations 10(a), 10(d),...
December 18, 2020
Cus.:
Absolute Confiscation - penalty - import of old and used Digital Multifunctional Devices (MFDs) with standard accessories from Singapore - the goods (MFDs) are not...
December 18, 2020
Co.Law:
Restoration of name of the Company on the Register of Companies maintained by the RoC - Though the impugned striking off the Company was in accordance with law, the...
December 18, 2020
S.Tax:
Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 - SVLDR Scheme was not considered since this amount was not entered in ST-3 Returns. - That apart, the last date...
December 18, 2020
S.Tax:
Classification of services - Information Technology Software Service or Franchise Service? - licence fee paid to SAP AG, Germany, for grant of non-exclusive licence to...
December 18, 2020
C.Ex.:
Maintainability of appeal - appeal dismissed only on the ground that Committee on Disputes (COD) permission has not been taken at the time of filing of the appeal and...
December 18, 2020
C.Ex.:
CENVAT Credit - capital goods - In the instant case, the capital goods are installed after commencement of production in the year 2016-17. The credit would have been...
December 18, 2020
Indian Laws:
Dishonor of Cheque - prayer for reduction in the quantum of sentence - The concern of the Legislature is obvious. Provisions inserted for inculcating greater faith in...
December 17, 2020
GST:
Grant of regular bail - mis-applying and mis-interpreting the exemption notifications - Whether or not the registered trademark has been foregone and whether or not the...
December 17, 2020
PMLA:
Grant of anticipatory bail - money laundering - siphoning of funds - Apparently, the money that is alleged to be siphoned off is public money and the offence is grave in...
December 17, 2020
S.Tax:
Validity of action of the DGCEI to initiate investigation against the Petitioner - Exclusion of period of stay from the period of limitation - The period between the...
December 17, 2020
I.Tax:
Penalty levied u/s 158BFA - inflated agricultural income - Tribunal deleted the penalty - The above tax case appeals are dismissed on account of the low tax effect. The...
December 17, 2020
Cus.:
Release of absolutely Confiscated Imported goods - levy of penalty - Canadian Green Peas - looking into the facts of the case that the appellant is a regular importer;...
December 17, 2020
I.Tax:
Reopening of assessment u/s 147 - Unexplained loan - There were no justification for the A.O. to record non-existing, incorrect and wrong facts in the reasons for...
December 17, 2020
I.Tax:
Reopening of assessment - requirement of issue of notice u/s 143 - The question will arise then that if the assessee was issued a notice u/s 148 of the Act and he does...
December 17, 2020
I.Tax:
Rectification of mistake u/s 154 - Assessment order does not include income from other sources mainly on account of bank FDR interest - it is a clear-cut case of the AO...
December 17, 2020
I.Tax:
Characterisation of receipt - Forfeiture of advance received - till the assessment year 2015- 16, the amount of forfeiture is not liable to be taxed but will go only in...
December 17, 2020
I.Tax:
Addition u/s 41(1) - Once the AO has allowed the assessee’s corresponding material purchases claim in the revenue account as a regular head of expenditure, the same very...
December 17, 2020
I.Tax:
Addition u/s 68 - share application money was received from the company which is having no net worth - there is no case for making addition for the A.Y. 2012-13 since,...
December 17, 2020
I.Tax:
Addition on account of diversion of income - The assessee is a simple dealer in grains and obviously does not have any big brand name of his own but simply purchasing...
December 17, 2020
I.Tax:
TP Adjustment - The manufacturing agreement in an unambiguous manner has restricted the assessee to manufacture for Sandoz and its affiliates. Since the import and...
December 16, 2020
GST:
Refund of IGST alongwith the interest - export of 740 cartons of garments to West Midlands, United Kingdom - This Court directs the petitioner to submit a Revised Refund...
December 16, 2020
I.Tax:
TP Adjustment - adjustment on account of AMP - we cannot infer the existence of international transactions qua AMP expenses between taxpayer and AE beyond the...
December 16, 2020
GST:
Refund of GST - petitioner submits that on account of inward supply of inverted rated inputs the petitioner was entitled to refund - For the sole reason that the order...
December 16, 2020
GST:
Seeking Direction to respondents to accept the request for access to GST portal enabling the petitioner to upload return for the periods from the implementation of GST -...
December 16, 2020
GST:
Grant of Regular Bail - wrongful availment and utilization of input tax credit - The GST amount involved for the operations carried out by him for the period from...
December 16, 2020
I.Tax:
Penalty u/s 271(1)(c) - defective notice - the phraseology, which was adopted by the assessee, if read as a whole, would clearly show that he had objected to the...
December 16, 2020
I.Tax:
Withholding certificate u/s 197(1) as effective from 1st April, 2019 for Financial Year - income/profits are not chargeable to tax under Article 8 of India-UK DTAA r/w...
December 16, 2020
I.Tax:
TDS u/s 195 - secondment agreement for an employee - the assessee for all practical purposes has to be treated as employer of the seconded employees. There is no...
December 16, 2020
I.Tax:
Waiver of the loan - Deemed income either u/s.28(iv) or under Section 41(1) - In the absence of any particulars pertaining to the previous years books of accounts, it is...
December 16, 2020
I.Tax:
Validity of reopening of assessment - original proceedings for assessment were by way of an intimation under Section 143(1)(a)/143(1) - We find no legal infirmity in the...
December 16, 2020
I.Tax:
Application of registration u/s.12AA rejected - charitable activity u/s 2(15) - Section 2(15) defines charitable purpose for the purpose of the Act and includes relief...
December 16, 2020
I.Tax:
TDS u/s 194H - Commissioner (Appeals) correctly held that the transaction between the assessee and the stockiest is in the nature of sale. Therefore, there is no need to...
December 16, 2020
I.Tax:
Validity of reopening of assessment - jurisdiction of ITO - In the appellant's case, the provision of section 124(3) does not come into play since the case of the...
December 16, 2020
I.Tax:
Levy of late fee u/s 234E - delay in delivering the quarterly TDS statement as well as TDS return - Once the amendment is held to be prospective, the AO gets the...
December 16, 2020
I.Tax:
Unexplained investment in furniture and fixture u/s 69 - The claim of the assessee that he received those items of furniture & electronics appliances from his father...
December 16, 2020
I.Tax:
TDS u/s 194C - payment to harvesters/transporters - the payments made by the assessee were not made on behalf of the farmers, in such scenario, there is a strict...
December 16, 2020
I.Tax:
Rectification of mistake - Addition of sponsorship and promotional income received by assessee - Authorities below failed to appreciate that marketing income been...
December 16, 2020
I.Tax:
Exemption u/s 11 - delayed filing of Form No.10 - disallowance of benefit of accumulation of income as per section 11(2) - ITAT has held in a number of decisions that...
December 16, 2020
Cus.:
Provisional Release of seized Betel Nuts - betel nuts are not notified items in terms of section 123 of Customs Act and as such, the onus to prove that the same are of...
December 16, 2020
Co.Law:
Winding up of Appellant Company - Transfer of winding up petitions from the Company Court to be tried by the NCLT under IBC - Despite the fact that the liquidator has...
December 16, 2020
S.Tax:
Business Auxiliary Services - Whether the appellant, apart from playing for KKR, also promoted logos/brands/marks of franchisee/sponsors so as to make the services...
December 16, 2020
S.Tax:
Business Auxiliary Services - Whether anchoring in TV show was a promotional activity for the promotion of service which the TV channel provided so as to make the...
December 16, 2020
S.Tax:
Business Auxiliary Services - celebrity image as a ‘brand ambassador’ for promotion and marketing/sale of various products - the activity carried out by the appellant...
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H
: Validity Of Order passed u/s 73 - cryptic order - The High Court found...
H
: Validity Of Order passed u/s 73 - Denial of ITC with respect to the su...
F
: PAYMENT TO CINE OR TV ARTISTS. LIABILITY UNDER RCM
H
: Demand of late fee u/s 47(1) of the CGST / SGST Act - delay in filing ...
H
: Transitional credit - Unutilized amount of Advanced VAT paid - The cou...
H
: Validity of Reassessment notices issued unsigned - maintainability of ...
H
: Unexplained cash credit u/s 68 - The Court highlighted that transactio...
H
: LTCG - Receipt of additional amount towards TDR - treatment to receipt...
H
: Validity of Assessment order u/s 147 r.w.s. 144B - Procedural Irregula...
C
: Extension of due date for filing of Form No. 10A/10AB under the Income...
H
: Condonation of delay - substantial delay of 166 days before ITAT - The...
H
: Income deemed to accrue or arise in India - Attribution of Profit to p...
H
: Condonation of delay - Delay in filling of an appeal before ITAT - The...
H
: LTCG - Determination of Fair Market Value (FMV) - The Assessing Office...
N
: Export of 2,000 MT of White Onion under Code 0703 10 19
F
: Sec 16(4) Reversal of ITC when 3B is filed belatedly
C
: Ease of Doing Business: Text on Contract Note with respect to Fit and ...
H
: Rejection of application for registration u/s 12AA(1)(ac)(iii) r.w.s 8...
H
: Estimation of income - bogus purchases - The Tribunal recognized the a...
H
: Penalty u/s 270A - allegation of misreporting as per section 270A(9) -...
A
: REFUND OF ITC ON EXPORT OF GOODS WITHOUT PAYMENT OF TAX – RULE 89(4) O...
A
: FILING APPEAL AS PER THE DIRECTIONS OF HIGH COURT
A
: Understand the Contrasts between Government and Public Limited Companies
A
: PIL challenging provisions of 101st Constitutional Amendment Act relat...
N
: Exemption from specified income U/s 10(46) – ‘Kerala Autorickshaw Work...
C
: Unauthorised foreign exchange transactions
A
: Excess or Short Payment of Customs Duty on Import of goods into India
A
: AVAILABILITY OF GOOD FAITH CLAUSE IN SECTION 157 OF THE GST ACT TO THE...
A
: Understanding the Scope of Accounting.
A
: GST not payable on amount recovered from permanent employees for cante...
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