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Highlights / Annotations / Catch Notes For February of 2021
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February
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Showing 51 to 100 of 432 Records
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February 25, 2021
VAT:
Scope of SCN - Cancellation of assessee's registration - At present the assessing authority appears to have passed a wholly ex parte order inasmuch as in first place it...
February 25, 2021
VAT:
Levy of Tax - transfer of right to use of goods or not - supply of cranes under the agreement to the BHEL - In view of the decisin of SC, there is no transfer of right...
February 25, 2021
I.Tax:
Addition u/s 68 - allowability of the expenditure under section 69C - ITAT concluding that genuineness of the high-seas sales cannot be doubted merely because the...
February 25, 2021
I.Tax:
LTCG on sale of property - There are several disputed questions of fact which in my considered view are best left open to be decided by the authorities under the...
February 25, 2021
I.Tax:
Addition u/s 69B relating to difference in sundry debtors - On clarification sought by the AO, the assessee had explained the difference stating that the list of debtors...
February 25, 2021
I.Tax:
LTCG - Addition u/s 68 - Eligibility for deduction u/s 54 - When all the documents were placed before the AO who has not taken note thereof for the reasons best known to...
February 24, 2021
GST:
Appeal against the rejection of application for Rectification of mistake (ROM) by the AAR - The appeal filed against the ROM order is not maintainable in as much as the...
February 24, 2021
GST:
Classification of goods - renting of e-bikes(Miracle), bicycles(Move) without operator - there are no transfer in the right to use the goods and we hold that in the...
February 24, 2021
GST:
Cancellation of petitioner's GST registration - scope of SCN - Since an alternative remedy in form of appeal under Section 107 of the CGST Act is available to the...
February 24, 2021
GST:
Validity of SCN for cancellation of GST registration - Failure to file GST returns and pay taxes due ot covid-19 - there are no fault on the part of the proper officer...
February 24, 2021
I.Tax:
Income accrued or deemed to accrue in India - As the design services were inextricably connected with setting up of the plant and were rendered through this PE, the...
February 24, 2021
I.Tax:
Rejection of extension of time for payment of the last installment of Tax under Income Disclosure Scheme, 2016 (IDS) - The case on hand is not one of illegal recovery of...
February 24, 2021
I.Tax:
Validity of proceeding u/s. 153C - protective assessment - The seized material leads to the satisfaction that it has a bearing on the determining of the total income of...
February 24, 2021
I.Tax:
Addition u/s 68 - Cash deposits in bank account as undisclosed income - Section 68 makes it clear that in respect of a cash credit entry the explanation offered by the...
February 24, 2021
I.Tax:
Validity of reopening of assessment - The Revenue has not taken any action for reopening the case of co-owner and thereby accepted the similar STCG on same transaction,...
February 24, 2021
I.Tax:
Bogus purchases - it cannot be said that the purchase have been bogus especially when the quantitative details have been tallied item wise and the sale proceeds have...
February 24, 2021
Cus.:
Smuggling - Gold - validity of SCN - As per submission of the petitioner, the allegations made in the Show Cause Notice are vague allegations without any corresponding...
February 24, 2021
IBC:
Initiation of CIRP - The Adjudicating Authority was concerned with the insolvency resolution qua the operational debt, which the Corporate Debtor owed to the Operational...
February 24, 2021
S.Tax:
SVLDRS - the second declaration was filed on 10.01.2020 whereas the first declaration was rejected on 12.02.2020 - the quantum of service tax liability of the petitioner...
February 24, 2021
S.Tax:
Extended period of limitation - Merely because the Appellant collected an amount inclusive of taxes does not mean that service tax was included because there are many...
February 24, 2021
C.Ex.:
Refund claim - Period of limitation - Relevant Date - Finalization of provisional assessment - the appellant was required to make an application for refund within a...
February 24, 2021
C.Ex.:
CENVAT Credit - trading activities - Rule 6 of CENVAT Credit Rules, 2004 deals solely with the situation of CENVAT Credit resulting from exempted services and exempted...
February 24, 2021
VAT:
Classification of goods - Bicycle Chain Cover, Bell, Cycle Stand, Handle Grip Cover and Cycle Seat Cover, accessories - Since the Tribunal has yet not expressed its...
February 24, 2021
VAT:
Levy of tax - Inter-state sale - While following the decision of HC, the Tribunal committed an error in not correctly noting the ultimate relief for the assessment year...
February 24, 2021
VAT:
Refund - the rejection of claim for refund only on the ground that there is no provisions under the JVAT Act, 2005 for entertaining such a claim is not sustainable in...
February 24, 2021
VAT:
Refund - Seeking return the amount of tax collected from the different parties during the said period of assessment - since 2014, the respondent authorities have not...
February 24, 2021
VAT:
Doctrine of Promissory Estoppel - Withdrawal of subsidy granted on account of change of opinion - definition of captive power plant - benefit of exemption of capital...
February 24, 2021
VAT:
Classification of goods - rate of tax - Brass fittings - The products of the assessee though can be used as sanitarywares, also are used in general water supply and are...
February 24, 2021
Indian Laws:
Dishonor of Cheque - self cheque - the cheque is styled as a self cheque and over and above it, the term "or bearer" has not been scored off. The holder of the cheque...
February 24, 2021
Indian Laws:
Dishonor of Cheque - In this case the cheque amount is ₹ 52,000/-. The case of the year 2003. Now we are in the end of the year 2020. So nearly seventeen years the...
February 24, 2021
Indian Laws:
Dishonor of Cheque - The preponderance of probabilities is tilting in favour of the accused. The accused has also brought on record such facts, material and...
February 24, 2021
Indian Laws:
Dishonor of Cheque - A cheque given in discharge of a time barred debt will not constitute an unconditional undertaking or promise in writing either expressly or...
February 24, 2021
Indian Laws:
Dishonor of Cheque - petitioner has issued stop payment instructions to the banker - Once it was held that the cheque pertains to the account of the petitioner and that...
February 23, 2021
GST:
Withholding of Provisional/ Final refund on the ground that investigation is pending - Part B of Form GST RFD07 is not a form for the purposes of communicating the...
February 23, 2021
GST:
Grant of Bail - fake GST challan and GSTR-3B return - CA by profession - The plea of rendering co-operation to the department by the accused appears to be baseless as it...
February 23, 2021
I.Tax:
Status of assessee - period of stay in India - Not Ordinarily Resident in India - Since the NOR status and the purchase of stock option of the assessee is a mixed...
February 23, 2021
I.Tax:
Validity of assessment U/s. 153C - assumption of jurisdiction u/s. 153C - In the instant case, assessee was the attorney holder of the seller. The sale deed was found...
February 23, 2021
I.Tax:
Disallowance on account of excess shortage/ breakage to 30% - exceptional inventory loss - the assessee has claimed such loss on account of passing of the of the expiry...
February 23, 2021
I.Tax:
Penalty u/s 271(1)(c) - Bogus purchases - we are of a strong conviction that in the absence of documentary evidence supporting the genuineness of the purchases claimed...
February 23, 2021
I.Tax:
Revision u/s 263 - It is well settled principle of law where A.O. has exercised quasi-judicial power vested in him in accordance with law and arrived at a conclusion and...
February 23, 2021
Cus.:
Seeking provisional release of goods - The respondents are directed to permit the petitioner to have the goods mutilated at the cost of the petitioner, but under the...
February 23, 2021
Cus.:
Auction - inaction on the part of the original consignees to submit bills of entry followed by the non-clearance of the goods for home consumption or warehousing - This...
February 23, 2021
Cus.:
Time limit for issue of Notice - Customs Broker - "Issue of Notice" versus "Service of Notice" - The word ‘issue’ in regulation 17 of the 2018 Regulations or regulation...
February 23, 2021
Co.Law:
PIL - Seeking for a direction against respondents No. 1 to 10 therein to forthwith constitute a Multi- Disciplinary Investigation Team to investigate and prosecute...
February 23, 2021
SEBI:
Debenture Trustees liability in default - Violation of SEBI Act - Proceedings of SEBI are only at the show-cause stage. The petitioners have the opportunity to establish...
February 23, 2021
IBC:
Initiation of CIRP - As per the ‘Companies (Acceptance of Deposits) Rules, 2014’, the term ‘deposit’ is defined under rule 2(1) (c ) in an inclusive fashion. The meaning...
February 23, 2021
Co.Law:
Oppression and Mismanagement - Delhi Gymkhana Club - At this stage, interim relief can be granted on the basis of legal considerations justifying such grant to prevent...
February 23, 2021
IBC:
Withdrawal from CIRP on the ground that the Applicant is in the process of re-structuring the debt of the Corporate Debtor - As a matter of fact, in this case no...
February 23, 2021
IBC:
CIRP - Relating parties - As on the date of it becoming a part of the CoC, Respondent No. 2 was purely a Financial Creditor of the Corporate Debtor and hence, it cannot...
February 23, 2021
VAT:
Rectification of mistake - It appears that the order passed by the appellate authority dismissing the rectification petition was also confirmed - That again will not...
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F
: PAYMENT TO CINE OR TV ARTISTS. LIABILITY UNDER RCM
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) -...
H
: Delay in filling appeal before ITAT - delay of 105 days - The Tribunal...
H
: Retraction of statement given during survey - evidentiary value of sta...
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...
H
: Additions on the basis of material seized during the search in case of...
H
: Refund of EDD - Period of limitation - Appellant unaware of finalisati...
H
: Enhancement of value - old and used worn clothing, completely fumigate...
H
: Classification of imported goods - Optical Transceiver - Benefit exemp...
H
: Valuation of imported Goods - Allowance of discount of 25% to appellan...
H
: Initiation of CIRP - Maintainability of application filed u/s 9 of the...
H
: CIRP - Validity of deed of assignment of lease - Authority of RP to Is...
H
: Rejection of Section 7 Application - NPA - Corporate Debtor unable to ...
H
: Extended period of Limitation - suppression of facts or not - The Trib...
H
: Refund of CENVAT Credit - Discretion Power of the refund sanctioning a...
C
: Unauthorised foreign exchange transactions
C
: Partial modification of Circular No. 3 of 2023 dated 28.03.2023 regard...
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...
A
: GST COLLECTION – NET COLLECTION DESERVE PUBLICATION/ REPORTING INSTEAD...
A
: Demand should not be raised when negative taxable and invoice value ar...
A
: Various Types Of Trusts and Their Importance
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