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Highlights / Annotations / Catch Notes For March of 2020
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Showing 151 to 200 of 593 Records
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March 24, 2020
C.Ex.:
Rate of Interest on delayed refund - whether the appellant is entitled for interest on the delayed payment of refund either at the rate of 6% or at the rate of 12% of...
March 24, 2020
VAT:
Levy of Luxury Tax - concealment of sales - suo-moto power of revision - The two circumstances required to exist for the purpose of invoking the suo-moto revisional...
March 24, 2020
VAT:
Refund of differential tax - Input tax credit - rate of tax on LNG - situation post GST regime - The petitioners are entitled to get refund of amount of tax paid by it...
March 24, 2020
VAT:
Requirement of extra amount of Central Sales Tax - non-issuance of C-Form - since the petitioner Company is not at fault in making the delay in deposit of the CST, no...
March 24, 2020
Indian Laws:
Dishonor of Cheque - The provisions of Section 141 of the Negotiable Instruments Act are pari materia with the provisions of Insecticide Act. In the absence of specific...
March 24, 2020
Indian Laws:
Dishonor of cheque - insufficiency of funds - There is a ring of truth in the testimony of the complainant (P.W.1) inasmuch as he has clearly stated that, he was anxious...
March 24, 2020
Indian Laws:
Dishonor of Cheque - The defence theory, that the eight post dated cheques for ₹ 20,000/- each were given in anticipation of a loan that was promised by the...
March 23, 2020
GST:
Condonation of delay in filing appeal - Time Limitation - To hold that this Appellate Authority could entertain this appeal beyond the extended period under the proviso...
March 23, 2020
GST:
Input tax credit (ITC) - Blocked Credits - Section 17(5) of the CGST Act, 2017 - taxes paid on procurement of goods and/or services for installation of various parts of...
March 23, 2020
GST:
Denial of Input Tax Credit (ITC) - Tax paid u/s 129 after detention of goods alongwith the vehicle - part B of the e-way bill was not filled up - the matter requires...
March 23, 2020
I.Tax:
Transfer of case u/s 127 - proposal for centralization of assessment in a group of cases - Before transferring the case, reasons were not disclosed - Only after raising...
March 23, 2020
I.Tax:
Interpretation of Section 44BB and 44DA - bifurcation between the supply of software as well as ancillary services such as maintenance and installation - It is question...
March 23, 2020
I.Tax:
Conversion of “Limited Scrutiny” into “Complete Scrutiny” - Expanding the scope of limited scrutiny assessment without necessary approval - Since the notice under...
March 23, 2020
I.Tax:
TDS u/s 194C OR 192 - salary payment made to staff - amount is less than than taxable limit u/s 192 - demand of TDS u/s 194C - relationship between the management and...
March 23, 2020
I.Tax:
Capital gain u/s 45 - compensation received by a partner from another partner for relinquishing rights in the partnership firm - the compensation received by the...
March 23, 2020
I.Tax:
TDS u/s 195 - Intangible business connections - payment in respect of an appearance made by an Oscar award winning celebrity, for an appearance made by him at Dubai...
March 23, 2020
I.Tax:
Disallowance on account of deduction u/s 80IA - Computation of deduction - It is only when the loss have been incurred from the initial assessment year, then the...
March 23, 2020
I.Tax:
Validity of reopening of assessment u/s 147 - sale of immovable property - In the absence of any development during this intervening period of one year from the date of...
March 23, 2020
I.Tax:
Addition u/s 40A - purchase by cash exceeding ₹ 20,000/- on various dates in one bill - merely accepting the purchase by the AO - it was duty of the assessee to...
March 23, 2020
I.Tax:
Exemption u/s 11 - proof of charitable activities u/s 2(15) - The activities of the assessee's association cannot be termed either "trade" , "commerce" or "business"...
March 23, 2020
I.Tax:
Rejection of books of account - Correct method of accounting - following cash system of accounting instead of accrual method of accounting - He has not cared to discuss...
March 23, 2020
I.Tax:
TDS u/s 192 - Employees on Deputation - Reimbursement of salary cost which was on account of availing personnel services from its AE’s who were sent to India at...
March 23, 2020
I.Tax:
Penalty u/s 271AAB - A bare surrender of income not representing the money, bullion, jewellery or other valuable article or thing or any entry in the books of account...
March 23, 2020
I.Tax:
Deduction u/s 35AD - Even if, arguendo, these facts were to be accepted, they do not detract from the settled position [as per 'Ceebros' (supra)], that once the...
March 23, 2020
Cus.:
Misdeclaration of imported goods - Bitumen - Country of Origin - Redemption fine - Levy of penalty - The department was well within its right to seize the goods for such...
March 23, 2020
Cus.:
Entitlement for continuation of exemption from duties of customs - import of aircraft - Both scheduled and non-scheduled air transport services are clearly not intended...
March 23, 2020
S.Tax:
Renting of immovable property service - appellant have received amounts as advances for construction of a terminal for bunkering - Merely because the appellant has...
March 23, 2020
S.Tax:
Business Auxiliary Services - promotion or marketing of goods produced or provided by or belonging to the client - transfer of right to use - The imposition of...
March 23, 2020
C.Ex.:
Valuation - crank cases - job-work activity or not - Any amount of supervision per se, may not be sufficient to treat the assessee-appellant as a job worker - there are...
March 23, 2020
Indian Laws:
Termination of tenancy - Section 3 of West Bengal Government Premises (Tenancy Regulation) Act, 1976 - When the eviction proceedings were initiated, admittedly, the land...
March 23, 2020
Indian Laws:
Professional Misconduct - Applicability of Network guidelines to petitioner-firm of Chartered Accountants (CAs) - In absence of any “Information”, as contemplated under...
March 23, 2020
C.Ex.:
Clandestine removal - copper wires - demand based on various statements - retraction of statements - The counsel of Appellant before the appropriate forum, himself had...
March 21, 2020
GST:
Clinical establishment or not - supply of health care services - The Applicant’s submissions do not clarify or claim that its plant-based preparations are manufactured...
March 21, 2020
GST:
Works contract - composite supply or not - supply to railways - The Applicant’s supply is not in the nature of repair and maintenance of an existing structure, but a new...
March 21, 2020
GST:
Levy of IGST - Export of services - RCM - Activity of sales representative, identification of customers in India - intermediary services or not - the supply of services...
March 21, 2020
GST:
Input tax credit (ITC) - Restrictions u/s 17(5) - inputs attributable to the renting of immovable property - construction of immovable property intending for letting out...
March 21, 2020
GST:
Undervaluation - Detention of goods - Merely because the manufacturer sells his products to its customer or dealer at a price lower than the MRP, as such cannot be a...
March 21, 2020
I.Tax:
Demand of additional tax u/s 143(1A) - Prima facie adjustments - the burden of proving that the assessee has attempted to evade tax is on the Revenue which may be...
March 21, 2020
I.Tax:
Correct head of income - sub-leasing of already leased out property - maintenance charges and air conditioning hire charges - Service charges received from tenants are...
March 21, 2020
I.Tax:
Penalty u/s 271(1)(c) - Whether 'mens rea' or deliberate attempt is not essential for levy of penalty - A mere making of the claim, which is not sustainable in law, by...
March 21, 2020
I.Tax:
Addition u/s 68 - Unexplained share capital - A share applicant company have been assessed to tax u/s 143(3) of the Act and the source of money in question was brought...
March 21, 2020
I.Tax:
Addition u/s 69B - assessment u/s 153A - search action u/s.132 and seized incriminating documents - Purchase of land - If there was some doubt, revenue ought to have...
March 21, 2020
I.Tax:
Addition made in respect of employees contribution towards PF/ESI - if the assessee had deposited employee's contribution towards Provident Fund and ESI after due date...
March 21, 2020
I.Tax:
Extension of stay against outstanding demand - When the lower authorities have not given any heed to the direction of the Tribunal, we find it a fit case for extension...
March 21, 2020
Cus.:
Imposition of redemption fine in lieu of confiscation of conveyance - the Tribunal, on a correct interpretation of the proviso to sub-section (2) of section 115 of the...
March 21, 2020
Cus.:
Provisional release of seized goods - The adjudicating authorities should be permitted to exercise their discretion in manner known to law. While exercising their...
March 21, 2020
Cus.:
Amendment in the shipping bill - Section 149 of the Customs Act, 1962 - at the time of export which is established from shipping bill wherein the appellant have...
March 21, 2020
Cus.:
Refrain from imposition of penalty - classification of imported goods - colour data projectors - It is only when there is any ambiguity in the Exemption Notification,...
March 21, 2020
S.Tax:
Levy of Service Tax - Cleaning Activity - removal of fly ash from the pond - The Respondent is not clearing the fly ash with the objective of cleaning the pond or free...
March 21, 2020
S.Tax:
Applicability of interest to CENVAT credit recovery - Availed versus Taken and / or utilization of credit - Recovery of CENVAT credit wrongly taken or erroneously...
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Quick Updates:
What's New:
Latest Case Laws
What's New:
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H
: Rectification u/s 154 - The Assessee argued that the assessments u/s 1...
H
: Detention Order under COFEPOSA - legal heirs of detenu - Smuggling - d...
H
: Levy of penalty - mis-declaration of goods - unflavoured boiled supari...
H
: Suspension of license of public bonded warehouse - bonded goods were s...
H
: Classification of imported goods - Navigation System - Multifunctional...
H
: Offences triable by Special Court - offences other than the Companies ...
H
: Judicial Discipline - Seeking refund of accumulated Cenvat credit - in...
H
: Works Contract Service - availment of Composition Scheme - The Tribuna...
H
: Refund of accumulated credit - Eligibility to CENVAT credit to a manuf...
H
: Legal implication of a promotional trailer - absence of specific conte...
H
: Dishonour of Cheque - territorial jurisdiction - Foreign instrument - ...
H
: Seeking renewal of registration of Goods Service Tax (GST) - cancelled...
H
: Validity Of order passed without signed by the authority - Principles ...
H
: Demand of GST - The High court noted that the return of documents rais...
H
: Validity Of Order for Cancellation of Registration passed in Form GST ...
F
: PAYMENT TO CINE OR TV ARTISTS. LIABILITY UNDER RCM
C
: Extension period for 3 months to Ortho-phosphoric Acid which is used f...
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...
N
: Amendment in Notification No. 60/2022 dated the 10th June, 2022 read w...
A
: MEETING OF CREDITORS - INSOLVENCY RESOLUTION PROCESS - PERSONAL GUARAN...
A
: Goods seized cannot be released by invoking writ jurisdiction if no ap...
A
: Various Types of Charges on Property
A
: Assessment Order quashed when Assessee incorrectly reported turnover i...
A
: Guidelines for AOs for initiating proceedings u/s 147 of I.T. Act, 196...
A
: Navigating the Business Landscape: The Imperative of Effective Cost Ma...
A
: REJECTION OF REPAYMENT PLAN
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