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Highlights / Annotations / Catch Notes For March of 2019
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Showing 601 to 650 of 710 Records
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March 5, 2019
I.Tax:
Shipping income assessment - Exchange gain on account of restatement on foreign loan - it would be considered to be a part of core activity of the shipping company...
March 5, 2019
Cus.:
Imposition of penalty - delay in fulfilling export obligation - after the amendment, Licensing Authority may grant extension in fulfilling the export obligation by a...
March 5, 2019
Cus.:
Principles of natural justice - smuggling - Although the Tribunal's analysis of the facts and the contentions of the parties was somewhat sketchy, this is not a case of...
March 5, 2019
Cus.:
Conversion of shipping bills from Duty Drawback Scheme to DFIA Scheme allowed subject to reversal of benefit taken under Duty Drawback Scheme is paid by the appellant alongwith interest
March 5, 2019
Cus.:
It appears that the Commissioner of Customs is bent upon harassing the appellant by not accepting his request for amendment of the Bill of Entry under Section 149 of the...
March 5, 2019
S.Tax:
CENVAT credit - It is true that during the relevant period only 20% of credit could be utilized but we find force in the argument of the appellant that they were not...
March 5, 2019
C.Ex.:
Remission of duty - loss of goods - The expression "Natural causes" or "Unavoidable accidents" have to be interpreted in their ordinary and natural connotation in...
March 5, 2019
C.Ex.:
CENVAT Credit - appellant being confused about the impugned goods to be capital goods or inputs - Availing the said credit qua inputs at two different stage does not...
March 5, 2019
C.Ex.:
CENVAT Credit - input services - Market information services are also covered under ‘procurement of inputs’, ‘sales promotion’ and ‘quality control’ specifically...
March 5, 2019
VAT:
The appeal authority had no jurisdiction surviving in him to pass any order referable to Section 55(5)(iii) of the Act after the assessee had filed an application to...
March 5, 2019
I.Tax:
Claim of expenditure pertaining to earlier year - prior period expenses - If there was no accrual of the expenditure in the earlier year or had not become due. It became...
March 5, 2019
I.Tax:
Addition u/s 68, 69 and 69A - incremental peak credit - money launderer or hawala operator - Addition is permissible if destination of the amounts which were deposited...
March 5, 2019
I.Tax:
Advance for rent and never turned into income - Recovery barred by limitation - still remains as a liability in its account - If the recovery had been barred by...
March 5, 2019
I.Tax:
When a notice u/s 153A is issued, it enables the department to carry out re-assessment or assessment with respect to the six immediate prior years and the year in which...
March 5, 2019
I.Tax:
Eligibility to deduction u/s 80IA - allocation of expenditure - In absence of any material that the methodology for allocation of expenditure followed by the CIT (A) and...
March 5, 2019
I.Tax:
Contribution made by the employer to the Death Relief Fund is also an allowable business expenditure in terms Section 37 in so far as the expenditure is incurred wholly...
March 5, 2019
I.Tax:
Income accrued in India - FTS - No PE in India - DTAA between India and UAE - As per DTAA, there is no specific clause in respect of FTS and same has to be considered as...
March 5, 2019
I.Tax:
Penalty u/s. 271D - From which date counting of limitation start - Reference of matter by AO or notice by Joint CIT - Though the contention of the Revenue seems to be...
March 5, 2019
I.Tax:
Penalty imposed u/s 271(1)(c) - satisfaction relates to Section 271AAA - satisfaction of the AO qua a wrong section for the purposes of penalty of strict nature is...
March 5, 2019
I.Tax:
TDS u/s 194J - assessee in default u/s 201(1A)/201(1) - roaming charges paid by the assessee to other telecom companies are not covered under ‘fee for technical service’...
March 5, 2019
I.Tax:
Power of CIT(A) u/s 151 - enhancement of income - CIT(A) has erred in exceeding his jurisdiction by enhancing income from a fresh source that was neither part of return...
March 5, 2019
I.Tax:
Computation of LTCG - assessee objects Stamp Duty valuation u/s. 50C before AO and requested to reference to DVO - Based on precedent AO should have refered valuation to...
March 5, 2019
I.Tax:
Benefits of section 10(23C)(iiiad) - sale and purchase of books and uniform to the students of the assessee school is also a part of educational activity, There is no...
March 5, 2019
I.Tax:
Stay of demand - Factor for granting stay - prima facie case, balance of convenience, relative hardship, offer to pay by the Assesse & the earlier orders of the Tribunal...
March 5, 2019
I.Tax:
Penalty u/s 271AAB - additional income disclosures only during the course of search & seizure operation buy peace of mind and avoid any further litigation. - 271AAB...
March 4, 2019
I.Tax:
To deny the benefit of additional depreciation to a generating entity on the basis that electricity is not an “article” or “thing” is in our view an artificially...
March 4, 2019
I.Tax:
Penalty u/s 271(1)(c) - assessee filed its return under VDIS but failed to pay the tax - This itself will not lead to the conclusion that the assessee has concealed its...
March 4, 2019
I.Tax:
No travelling expenses can be allowed for assessee’s international travel for income received related to house property in India.
March 4, 2019
Cus.:
Offences u/s 132 and 135 - power of Collector of Customs - Section 3 of the Antiquities and Art Treasures Act, 1972. - Prosecution under Sections 132 and 135(1)(a) of...
March 4, 2019
Cus.:
In the guise of handicraft furniture and woods/ metals the appellant intended to export red sander. Therefore, red sander is absolutely confiscated - absolute confiscation upheld.
March 4, 2019
SEBI:
Noncompliance of summons had hampered the further course of investigation. The failure was without any justification. - the Appellate Tribunal has observed that details...
March 4, 2019
S.Tax:
Classification of services - discount received against their own export consignment from the shipping agents - the appellant has not rendered any services of clearing...
March 4, 2019
S.Tax:
Valuation - maintenance services - inclusion of notional interest on ‘maintenance refundable security deposit’ in assessable value - There is no justification for...
March 4, 2019
C.Ex.:
Once the department was aware of the procedure followed by the appellant for taking the CENVAT credit subsequently the department cannot allege suppression with intention to evade duty.
March 4, 2019
C.Ex.:
CENVAT Credit - input services - security guard for providing security of guest house - cycle stand and residential premises outside the factory premises - these...
March 4, 2019
C.Ex.:
Suo moto adjustment of sanctioned refund against the demand - the demand confirmed been already sub-judiced before the competent authority - The question of suo moto...
March 4, 2019
I.Tax:
Amendment made in Section 80AB, which was inserted by Finance (No. 2) Act, 1980 with effect from 1st April, 1981 have prospective effect evident from Finance Act as well...
March 4, 2019
I.Tax:
SLP against High Court decision that Two Initial Assessment Year is permissible in 80IC for 100 % deduction stand dismissed.
March 4, 2019
I.Tax:
Rectification of mistake - ITAT has allows appeal on merit & dismissed the assessee’s cross objections as infructuous regarding re-opening of assessment. Assesse not...
March 4, 2019
I.Tax:
Reopening of assessment - Original assessment u/s 143(3) - Assessment notice was based upon a second opinion or revisiting of the same facts by a subsequent Assessing...
March 4, 2019
S.Tax:
Penalty - short-payment of service tax - Once the appellant had paid the service tax before the issue of show-cause notice along with interest and there is no fraud,...
March 4, 2019
I.Tax:
Addition u/s 69D - Hundies v/s bills of exchange - documents recovered all bilateral and not tripartite - Section 69D applies to hundi alone and not to bills of exchange....
March 4, 2019
I.Tax:
Exemption u/s 54 - assessee purchased the new residential house within the time period stipulated in Sec.54 but possession was not taken - Asssessee was duly entitled...
March 4, 2019
I.Tax:
Exemption u/s 54 - capital gains invested outside India for purchase of residential house - Benefit to investment of LTCG in residential house outside India is available...
March 4, 2019
I.Tax:
Penalty u/s. 271(1)(b) - Non response to notice issued in assessment proceedings - non response has already led to addition of the entire amount and the very purpose of...
March 4, 2019
I.Tax:
Claim for write off of bad debts - advertisement expenses incurred for and on behalf of the franchisees, which was to be reimbursed by them to the assessee - franchisees...
March 4, 2019
I.Tax:
Addition of share premium u/s 56(2)(viib) r.w.r. 114A(2)(a) - Excess of share premium collected by the assessee is taxable u/s 56(2)(viib) r.w.r. 114A(2)(a) - AO has the...
March 4, 2019
I.Tax:
Bogus LTCG - penny stock - addition u/s 68 - The AO failed to bring on board any material to suggest that the assessee had made cash payment to the purchaser of share...
March 4, 2019
I.Tax:
Deduction u/s 54 is allwable to assessee applying rule of purposive construction and the object which Section 54F seeks to achieve if on facts it was proved that Money...
March 4, 2019
I.Tax:
Rectification u/s 254(2) - receipt from other advertisers towards sale of online ad space in Inida under AdWord Program is chargeable to tax as 'Royalty - issue is...
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: Section 17(2) Rule 42
A
: Supreme Court orders about alleged bogus capital gains on alleged penn...
C
: Verification of authenticity and genuineness of Certificate of Origin ...
H
: Levy of interest and penalty - transition of amount wrongly claimed as...
C
: Acceptance of Electronic Certificate of Origin (e-CoO) issued by the i...
H
: Levy of penalty @200% - e-way bill which was generated by the appellan...
H
: Eligibility for Input Tax Credit - Failure to report outward supply - ...
H
: Seeking cancellation of the GST registration - The case involved a pet...
H
: Reference to Departmental valuation officer [DVO] without first reject...
H
: Validity of reopening of assessment - Validity of grant the approval b...
H
: Validity of reopening of assessment - Petitioner received another noti...
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: Penalty levied u/s 271(1)(c) - Transfer pricing adjustment - assessee ...
H
: Disallowance of commission paid to foreign agents - The Tribunal uphel...
H
: Penalty u/s. 271(1)(c) - Referring to a precedent set by the Hon’ble S...
H
: Deduction u/s 80IA(4) - Disallowance of project facility expenses - Re...
H
: LTCG - deduction u/s 54 denied - Despite the assessees claim of having...
H
: Validity of assessment framed u/s 143(3) by Non- jurisdictional ITO - ...
H
: Addition u/s 69A - cash loans given by the assessee as unexplained - d...
H
: Addition u/s 68 in the hands of partnership firm - capital introduced ...
C
: Nomination for Mutual Fund Unit Holders – exemption for jointly held folios
C
: Ease of doing business- Fund manager for Mutual fund schemes investing...
N
: Reporting Entities notified for Aadhaar authentication service of the ...
N
: Regarding amendment in Notification No. 77/2023 -Cus. (N.T.) dated 20....
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: Navigating the MSME Terrain: Insights from a Consultant's Perspect...
A
: How to Decode the Form 16A Password for TDS on Non-Salary Income
A
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