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Highlights / Annotations / Catch Notes For March of 2019
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Showing 21 to 70 of 710 Records
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15
March 30, 2019
I.Tax:
Provisional attachment u/s 281B of bank accounts - applications for stay - High court has passed stricter and imposed cost on unreasonable rejection of stay application,...
March 30, 2019
I.Tax:
Deduction u/s 43B - once excise duty on the basis of goods manufactured is paid same is allowable, direct correlation between the duty paid and the goods manufactured or...
March 30, 2019
I.Tax:
Alternate remedy - writ petition for stay of demand and release of bank account disposed as statutory remedy to approach the ITAT is available to assessee against order of CIT(A)
March 30, 2019
I.Tax:
Actual loss due to cancellation of contract - arbitration proceedings are pending - allowable in year of loss however in conclusion of the arbitration proceedings, the...
March 30, 2019
I.Tax:
Accrual of income - after defect liability period or contract completion date - if assessee's right to such amount would depend on there being no defects arising in the...
March 30, 2019
I.Tax:
Power of tribunal to pass order based on oral concession by AR - Tribunal should take either an Affidavit from Assessee and the counsel on behalf of the Assessee or...
March 30, 2019
I.Tax:
Undisclosed income - acquittal in the Criminal Proceeding is not automatic deletion of income under the Income Tax Act as both operate in different fields - Appellate...
March 30, 2019
I.Tax:
Benefit of exemption u/s 10B - new undertaking - 66.66% assets leased from other company - lease could also be considered as a 'transfer' for the purpose of Section...
March 30, 2019
I.Tax:
Unexplained cash credit u/s. 68 - no cash involved in any stage of the transaction and squared up by the assessee company by issue of debentures - if only book entry...
March 30, 2019
I.Tax:
Application u/s 158A - special provision for avoiding repetitive appeals - question regarding taxability of interest on compensation awarded by the Motor Accident Claims...
March 30, 2019
I.Tax:
TP adjustment of Technical Assistance fees and project management services not claimed as expenditure but capitalized as project - capital transactions are outside the...
March 30, 2019
I.Tax:
Income recognition - AS-9 - under mercantile system accrual of income is relevant - the fact that bills were not raised is irrelevant - value of services recognized for...
March 30, 2019
I.Tax:
Partially rejection of books - assessee incurred the expenses for it’s two activities hence AO cannot reject books partially and if the books of the accounts are...
March 30, 2019
Cus.:
Valuation - Import of software - mode of import of software - BSNL being a Government Company, which cannot be alleged that they have colluded with the appellant in...
March 30, 2019
Cus.:
Revocation of CHA License - subletting of his license for filing of shipping bill - benefit of doubt given to CHA - On payment of the penalty, the appellant’s license...
March 30, 2019
Cus.:
Export of Iron ore concentrates - the exemption available to Ore is also available to concentrates, the procedural infractions cannot take away benefit when substantial...
March 30, 2019
IBC:
Corporate Insolvency Resolution Process - Appellant is ready to settle the matter with the ‘Operational Creditor’. However, even after such settlement, we cannot set...
March 30, 2019
IBC:
Corporate Insolvency Resolution Process - the issue of VAT has been raised only after receiving the demand notice, which shows that issue of VAT has been raised for...
March 30, 2019
FEMA:
Offence u/s 3(a) of FEMA - domestic supply of goods in India against amount received in foreign exchange from the overseas buyer - merely on the ground that SDF was not...
March 30, 2019
S.Tax:
Liability of service tax - sob-contractor - payment of service tax by the main contractor - appellant revenue has not been able to point out any error or illegality in...
March 30, 2019
S.Tax:
CENVAT Credit - input services - services availed for sale of shares - During the said period, the definition of input services had a wide ambit as it included the words...
March 30, 2019
S.Tax:
Demand of interest - service tax paid belatedly by adjustment of the CENVAT account - Merely because the amount was lying in the CENVAT account, it cannot be said that...
March 30, 2019
S.Tax:
The charges levied by one Division of M/s. BSNL to another and that too by way of debit notes, is only an internal financial adjustment which cannot, by any stretch of...
March 30, 2019
C.Ex.:
Demand of interest on differential duty - the claim of the appellant that since the assessment was provisional, therefore, interest is not applicable, is not correct,...
March 30, 2019
C.Ex.:
Classification of Precipitated Chalk - whether classifiable and chargeable to duty @ 16% under chapter 28 (Inorganic Chemicals) or under Chapter 25 (Mineral Products)...
March 30, 2019
C.Ex.:
CENVAT Credit - input services - lease rentals and operation and maintenance charges of wind mills situated outside the factory - Rule does not say that input service...
March 30, 2019
VAT:
Scope of term "total turnover" - inclusion of turnover which is not liable to tax - the contention the determination of the rate of the turnover tax is to be ascertained...
March 30, 2019
VAT:
Deemed exports - refund - effective date of clarification - the impugned clarification will not have any retrospective effect and that the appellants are governed by the...
March 30, 2019
VAT:
Benefit of free sales tax deferral scheme - expression “product” found in the G.O., must be given a wider meaning to include waste and scrap, to sub-serve the object of...
March 30, 2019
VAT:
Levy of sales tax - valuation - Sale taking place or not - transfer of goods to sister concern free of cost (Joint Venture partner) - assessee will be liable to pay...
March 29, 2019
GST:
Supply or not - Job work - dispatch of consumable materials - the zinc, furnace oil or nickel exhausted in the process of galvanising need not be physically returned. If...
March 29, 2019
GST:
Charitable Activities or not - activities of the Trust in providing hostel accommodation facilities to the students who come to Pune for education do not fall within the...
March 29, 2019
GST:
GST on donations - the donations received without any instruction would not be taxable however where the donor is clearly receiving identifiable benefits in return...
March 29, 2019
GST:
Classification of Polypropylene Mats (Floor Mats) - appropriate heading for Polypropylene Mats made from plaiting materials is 4601 and the relevant sub-heading is 4601 99.
March 29, 2019
GST:
Profiteering - the benefit of additional ITC of 3.04% of the taxable turnover during the period w.e.f. 01.07.2017 to 31.08.2018 and the amount outstanding as on...
March 29, 2019
I.Tax:
Approval of the Government of India has been accorded for setting up of an industrial park by M/s Romell Real Estate Pvt. Ltd.
March 29, 2019
FEMA:
Establishment of Branch Office (BO) / Liaison Office (LO) / Project Office (PO) or any other place of business in India by foreign entities
March 29, 2019
FEMA:
Foreign Exchange Management (Deposit) Regulations, 2016 - Opening of NRO Accounts by Long Term Visa (LTV) holders, changes related to Special Non-Resident Rupee (SNRR)...
March 29, 2019
I.Tax:
Power of AO to extend time for the submission of the audit report directed u/s 142(2C) - suo motu extension without an application by the assessee - amendment w.e.f...
March 29, 2019
I.Tax:
Taxability of rental receipt - developing the shopping mall and let out the same by providing a variety of services, facilities and amenities in the mall is not just...
March 29, 2019
I.Tax:
Penalty u/s 271B - imposition of penalty u/s 271B is discretionary not mandatory as word used in section is "may" - no penalty if there is existence of reasonable cause.
March 29, 2019
I.Tax:
Penalty u/s 271B - in absence of maintenance of books of account, question to get accounts audited u/s 44AB doesn't arise - No penalty
March 29, 2019
I.Tax:
Addition u/s. 40(a)(ia) for failure of TDS u/s 194C - if the payees have reflected the payment in their respective Return of Income and has paid tax and fulfils the...
March 29, 2019
I.Tax:
Revision u/s 263 - sale of agriculture land or not - AO asked for the explanation but never made any enquiry or verification of assessee claim and allowed the relief -...
March 29, 2019
I.Tax:
Penalty u/s 271(1)(c) - Quantum additions upheld by all the appellate authorities - in absence of cogent incriminating material to show that the assessee had infact...
March 29, 2019
I.Tax:
Management Fees paid to its holding company - once assessee had established its case of availment of said services, disallowance on the basis that invoices were serially...
March 29, 2019
I.Tax:
Interest received on FDRs/ICDs - funds are inextricably linked to the development of port terminal and other infrastructure at Karanja Creek which is yet to be completed...
March 29, 2019
I.Tax:
Computation of LTCG - applicability of Section 50C - property under sale was under various encumbrances and the assessee was not having the absolute marketable title of...
March 29, 2019
I.Tax:
Revision u/s 263 by CIT - when transfer price is consonance with the fair market price then conditions of this section gets satisfied. Hence applicability of section...
March 29, 2019
Cus.:
Rrelease of consignments - Toor whole - issuance of ‘Detention Certificate’ for waiver of Demurrage and Container Detention Charges in terms of Handling of Cargo in...
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: 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...
H
: CENVAT Credit - Input service distribution (ISD) - Distribution of cre...
H
: SSI Exemption - clubbing of clearances of four units - dummy unit crea...
H
: Classification of Nylon Chips - After detailed consideration of variou...
H
: Food Safety and Standards - Selling sugar boiled confectionery with in...
H
: Dishonour of cheque - vicarious liability - liability of group compani...
F
: PAYMENT TO CINE OR TV ARTISTS. LIABILITY UNDER RCM
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...
C
: Cross Margin benefits for offsetting positions having different expiry...
N
: Under section 80G(2)(b) the Central Government Notified “Shree Ramanuj...
N
: Streamlining of Halal Certification Process for Meat and Meat Products
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
A
: IGST is not payable under RCM for services in Free-on-Board and Cost I...
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Black Money .... Act, 2015
Black Money .... Rules, 2015
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