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Highlights / Annotations / Catch Notes For December of 2020
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Showing 301 to 350 of 449 Records
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December 11, 2020
Cus.:
Mis-declaration of the country of origin - Provisional release of the vessel - Even from a perusal of the impugned seizure memorandum it is seen that the officer seizing...
December 11, 2020
Cus.:
Confiscation of seized goods - The betel nut being non notified goods; burden to prove the fact of smuggling lies on the department and the same has not been discharged;...
December 11, 2020
Co.Law:
Removal of Director - The Petitioner cannot plead ignorance about the affairs of Company till 2018 when he is alleged to have verified the MCA to know the affairs of...
December 11, 2020
C.Ex.:
Revenue Neutrality - CENVAT Credit - rejected goods - rectify/re-make the goods for sale - the appellant has cleared these goods to their another unit. Admittedly,...
December 11, 2020
C.Ex.:
CENVAT Credit - input services or not - service of repairs and renovation of factory premises - The allegation in the show cause notice to deny service tax is without...
December 11, 2020
Indian Laws:
CIRP Proceedings - Loans by financial institutions are granted from public money generated at the tax payers expense. Such loan does not become the property of the...
December 10, 2020
GST:
Rejection of Refund claim - Inverted duty structure - Trading of goods - Purchase @18% of GST and supply @5% to Public Funded Research Institutes - The goods procured...
December 10, 2020
I.Tax:
Addition of contingent liability, which do not constitute expenditure and not allowable u/s 37 (1) - The assessee Board does not have any domain or control on this issue....
December 10, 2020
I.Tax:
Penalty u/s 271D and 271E - Accepting loans by way of cash in excess of the prescribed limit - If the assessee is able to establish that all the cash transactions are...
December 10, 2020
I.Tax:
LTCG - Deduction u/s 54F - The physical structuring of the new residential house, whether it is lateral or vertical, cannot come in the way of considering the building...
December 10, 2020
I.Tax:
Reopening of assessment u/s 147 - In case incorrect, wrong and non-existing reasons are recorded by the A.O. for reopening of the assessment and A.O. failed to verify...
December 10, 2020
I.Tax:
Exemption u/s 11 - proviso to section 2(15) is invoked - by incurring such expenditure by way of grants to the district cricket association, the assessee society is...
December 10, 2020
I.Tax:
Unaccounted income - TDS deducted by the Principal - it appears that the assessee has included the amount received from Apollo Hospital group in his return of income...
December 10, 2020
I.Tax:
Unexplained cash credit u/s 68 - there was no actual transaction of cash credit in the books of accounts which were based on fake entries having no substance. - Question...
December 10, 2020
I.Tax:
Accrual of income - deferred revenue income - receipt has finally been suffered to the tax but in the subsequent assessment year - if any addition is sustained in the...
December 10, 2020
I.Tax:
Unexplained cash credits - this income offered us. 44AD of the Act is to be accepted. - Now, there is no necessity of maintaining books of accounts and production of...
December 10, 2020
I.Tax:
Late fees payable under section 234E - Amendment to section 200A(1) of the Act is procedural in nature and in view thereof, the Assessing Officer while processing the...
December 10, 2020
Cus.:
Unconditional clearance of imported goods - It is glaring to the naked eye that the respondents have committed two illegalities. First illegality is they have detained...
December 10, 2020
Cus.:
Entitlement to DFIA benefits - import of “Wheat Gluten” against the input product description “Wheat Flour” - It cannot be said that if the specific name of input in the...
December 10, 2020
Cus.:
Entitlement to DFIA benefit - import of Inshell Walnut covered under the description of Fruit/Food Flavour/Dietary Fibre - there is no dispute that inshell walnut is...
December 10, 2020
IBC:
Initiation of CIRP - Default on the part of Corporate Debtor in making repayment of its dues - The Adjudicating Authority has landed in error in holding that there was...
December 10, 2020
S.Tax:
SVLDRS - rejected on the ground of ineligibility - quantification of service tax liability on or before 30.06.2019 - It is evident that the word ‘quantified’ under the...
December 10, 2020
S.Tax:
Refund of Service Tax - Service Tax paid for construction of residential complex - because of availability of 13 floors, learned Commissioner (Appeals) had failed to...
December 10, 2020
C.Ex.:
Rejection of SVLDRS-1 application - The petitioner/declarant could avail benefit of the “Sabka Vishwas Scheme” only in accordance with the provisions of the Scheme....
December 10, 2020
VAT:
Concessional benefit of tax / CST - purchase of High Speed Diesel - The Appellant State and the Revenue Authorities are directed not to restrict the use of 'C' Forms for...
December 10, 2020
Indian Laws:
Dishonor of Cheque - legally enforceable debt or not - the accused discharged his burden under Sections 118 and 139 of the N.I.Act to prove that the cheque had not been...
December 9, 2020
GST:
Detention of goods alongwith the vehicle - errors in the dates of invoice and the date shown in the e-way bill - The petitioner is permitted to clear the goods and the...
December 9, 2020
GST:
Release of provisionally attached goods u/s 83 - show cause notice u/s 70 have been issued - the petitioners have not filed any objection against the impugned...
December 9, 2020
I.Tax:
Genuineness of business expenditure - Audit of the Books of Accounts of the Limited Companies is mandatorily provided for in the Companies Act also and therefore, if the...
December 9, 2020
I.Tax:
Depreciation on leased assets u/s 32 - In the instant case, the revenue has accepted the claim of the assessee for depreciation under Section 32 of the Act for the...
December 9, 2020
I.Tax:
Exemption under Section 10B - Carry forward of losses under section 72 - the requirement of submission of declaration in terms of Section 10B(8) of the Act has to be...
December 9, 2020
I.Tax:
Additions on account of Client-code modification (CCM) - undisclosed profit on future and option transaction in shares - Whole basis of making additions in the hands of...
December 9, 2020
I.Tax:
Revision u/s 263 - PCIT is incorrect in coming to the conclusion that Assessing Officer has not examined the issue and applied his mind insofar as investments in fixed...
December 9, 2020
I.Tax:
Addition u/s 69A - unaccounted income of the assessee company - Double addition - AO was under the obligation to reduce the sum of 81 lakhs from the income of the...
December 9, 2020
I.Tax:
Capital Gains - Whether land belonged to the ''HUF'' and not to the assessee? - there was no mentioned that the land was being sold by the assessee as Karta of 'HUF' -...
December 9, 2020
I.Tax:
Allowable expenditure - salaries paid to the employees of the Department of Urban Estates on account of transfer of functions overtaken by the HUDA - In the absence of...
December 9, 2020
Co.Law:
Maintainability of petition - Once it is admitted under IB Code initiating CIRP, which may end, either in approval of a resolution plan or an order for liquidation of...
December 9, 2020
IBC:
Fresh claim after the approval of Resolution Plan - Since the CIRP has crossed the culminating point with approval of the Resolution Plan of ‘Shri Dutt India Pvt. Ltd.’,...
December 9, 2020
S.Tax:
Whether the assessee is correct in discharging service tax on gross amount charged under Section 67 of the Finance Act, 1994 after availing CENVAT credit on inputs or...
December 9, 2020
S.Tax:
Reversal of CENVAT Credit - works contract service - there is only one transaction of Works Contract Service which is taxable service of which certain portion has been...
December 9, 2020
VAT:
Principles of natural justice - best judgement assessment done by ex-parte order - The Assessing Authority is bound to act in a rational manner while resorting to best...
December 9, 2020
C.Ex.:
Maintainability of petition - Validity of Rule 17(2) of the Pan Masala Packing Machines (Capacity, Determination and Collection of Duty) Rules, 2008 - The reason that...
December 8, 2020
GST:
Classification of goods - Non Woven Fabric, which is made using PP granules - The fact whether the raw material is manufactured in the same unit or different does not...
December 8, 2020
GST:
Scope of Advance Ruling application - Input Tax Credit - When the applicant is sure as is evident in the application that tax has not been paid in cash or has been paid...
December 8, 2020
GST:
Principles of Natural Justice - petitioner argues that none of the notices as are required to be served under Section 129 of the GST Act have been served upon the...
December 8, 2020
GST:
Grant of Bail - GST evasion - Although in the present case allegations levelled against the petitioner are serious in nature but the fact remains that the petitioner is...
December 8, 2020
GST:
Revocation of cancellation of registration - failure to file the return for a continuous period of six months - In the present case along with the application, the...
December 8, 2020
GST:
Grant of Bail - Irregular CENVAT Credit - Further, the investigating agency is having the possession of all the documentary evidence collected so far and all other...
December 8, 2020
I.Tax:
Rectification u/s 254 - Assessment proceedings u/s 158BC - jurisdiction questioned by the assessee with reference to Section 158BD - it is the Tribunal which has...
December 8, 2020
I.Tax:
Additions u/s 56(2)(ix) - Mesne profit / liquidated damages - Amount remained with assessee after cancellation of the said sale in terms of the decree order of the...
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Quick Updates:
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: ADDITIONAL GROUNDS OF APPEAL AND ORDER IN APPEAL IN GST
A
: Know the Challenges and Issues with GST
F
: Sec 16(4) Reversal of ITC when 3B is filed belatedly
F
: sales Against 0.1% GST- if export not done within 90 Days
H
: Validity of Service of notice u/s 74(5) instead of u/s 74(1) of CGST /...
H
: Levy of penalty - the e-way bill had expired one hour fifteen minutes ...
H
: Ex-parte order - Quantification of Liability - intention of evade GST ...
H
: Calculation of Tax Liability based on subsequent years Balance Sheet -...
C
: Limits for investment in debt and sale of Credit Default Swaps by Fore...
H
: Validity of assessment orders - The High court examined the timeline o...
H
: Levy of penalty u/s 271(1)(c) - The Tribunal found no justification fo...
H
: Penalty proceedings u/s 270A - under reporting of the income - The Tri...
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: Framework for Category I and II Alternative Investment Funds (AIFs) to...
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: Flexibility to Alternative Investment Funds (AIFs) and their investors...
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: Securities Contracts (Regulation) (Stock Exchanges and Clearing Corpor...
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: Securities and Exchange Board of India (Research Analysts) (Amendment)...
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: Securities and Exchange Board of India (Investment Advisers) (Amendmen...
A
: WRONG FIXATION OF FEES PAYABLE TO INTERIM RESOLUTION PROFESSIONAL
A
: MANNER OF FILING APPEAL BY COMMISSIONER
A
: Recovery proceedings not to be initiated against the former director o...
H
: Penalty proceedings u/s. 271(1)(b) - non-compliance with the 3 notices...
H
: Validity of reopening of assessment u/s 147 - Reason to believe - Addi...
H
: Rejecting registration u/s 12A(1)(ac)(iii) - name mismatch between the...
H
: Denial of benefit u/s 115BAA of reduced rate of tax @22% - Domestic Co...
H
: Prohibition of Benami Transactions - Provisional attachment order was ...
H
: Maintainability of Appeal - Appropriate forum - matter relates to the ...
H
: Seeking amendment of bill of entry - The High Court acknowledged the o...
H
: Request for conversion of free Shipping Bills into Drawback Shipping B...
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: A simplified GST guide designed for commission agents and brokers.
A
: Delhi HC issued notice to decide on the taxability of providing corpor...
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