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TDS u/s 194H - Higher rate of TDS @20% in absence...
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Highlights / Annotations / Catch Notes For March of 2021
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Showing 351 to 400 of 462 Records
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March 8, 2021
VAT:
Non-compliance with the pre-deposit - Section 62 (5) of the Punjab VAT Act - The petitioner having not complied with the mandatory requirement of the statute, cannot...
March 8, 2021
C.Ex.:
Levy of Penalty - Jurisdiction - diversion of imported material or not - the assessee has not made any unconditional acceptance of any diversion - the so called letter...
March 8, 2021
VAT:
Refund of excess tax paid - it can be safely concluded that the HSD has been purchased by the Petitioner/ Company from Indian Oil Corporation in the course of...
March 8, 2021
Indian Laws:
Professional Misconduct - Disciplinary against the CA - In the present case the disciplinary committee has passed the order only on the basis of preponderance of...
March 8, 2021
GST:
Condonation of delay in filing appeal before the Appellate Authority - Levy of penalty u/s 129(1)(b) - The fact that there is an upper limit of only one month provided...
March 8, 2021
I.Tax:
Condoning the inordinate delay of '1924 days' for filing appeal before ITAT - Absolutely no tenable reason or explanation has been offered by the Appellant/Assessee for...
March 8, 2021
I.Tax:
TP adjustment in Distribution activity, described as ESAS - ALP and the consequential transfer pricing adjustment are contemplated only in respect of the international...
March 8, 2021
I.Tax:
Deduction on account of sub-brokerage paid u/s 37 - Allowable business expenditure or not? - A.O. did not bring any evidence on record to dispute the correctness of the...
March 8, 2021
S.Tax:
Renting of immovable property service - receipt of onetime non-refundable contribution - The entire case of the department is that one time refundable amount collected...
March 8, 2021
I.Tax:
Unexplained investment u/s 69 - surrender of income - provisions u/s 115BBE - no set off of loss u/s 69 - CBDT has clarified that, the Board is of the view that since...
March 8, 2021
I.Tax:
Validity of assessment order - Transfer of case from jurisdiction - Notice u/s 143(2) was issued by the ITO Ward-2, Malegaon, Nasik, Maharashtra whereas Assessment order...
March 8, 2021
I.Tax:
Disallowance of deduction u/s 80IC - Subsidy - nexus between the profits and gains of the industrial undertaking or business - The assessee succeeds and claim of the...
March 8, 2021
I.Tax:
Exemption u/s 10(1) - Agricultural Income or not - A.O. held that the portion relating to other than supply of plants and saplings cannot be characterized as...
March 8, 2021
I.Tax:
TDS u/s 194IA - refundable security deposit paid to the land owners - non deduction of TDS - even if it is advance payment, it is not linked to the transfer of immovable...
March 8, 2021
I.Tax:
Condonation of delay of 84 days in filing an appeal before CIT(A) - explanation offered by the assessee for condoning the delay of 84 days in filing of the appeal before...
March 8, 2021
IBC:
Approval of Resolution plan - fresh claim of outstanding FRP dues of farmers who has supplied sugarcane to the corporate debtor - Once that process is over, the...
March 6, 2021
GST:
Territorial jurisdiction of Hon'ble Court at Rohtak - Investigation conducted by the DGGI, Rohtak - All alleged Firms/ Companies are 'Registered' under the CGST Act,...
March 6, 2021
I.Tax:
Addition u/s 56(2)(vii)(b) - share premium - The valuation is a question of fact which would depend upon appreciation of material or evidence. The methodology adopted by...
March 6, 2021
I.Tax:
Validity of reopening of assessment - It is well settled Law that validity of the reassessment proceedings is to be judged with reference to the reasons recorded for...
March 6, 2021
I.Tax:
Assessment us 153A - Statement of assessee alone cannot be the basis for making any estimated additions against the assessee. May be the assessee has retracted from the...
March 6, 2021
I.Tax:
Assessment of trust - addition being loans from three parties - It is well settled Law that assessee need not to prove source of the source. A.O. entirely on different...
March 6, 2021
I.Tax:
Nature of expenditure - Whether expenditure incurred by the assessee like stamp charges, loan processing fee on term loan, marketing fees, sourcing expenses, share issue...
March 6, 2021
I.Tax:
Revision u/s 263 - addition u/s 68 - The Assessing Officer has taken a possible view. When the Assessing Officer follows the direction of the Ld. Pr. CIT, in his order...
March 6, 2021
I.Tax:
Attribution of 15% Revenue to the PE in India - invocation of Rule 27 for challenging the decision of the CIT (A) - Since no guidelines are available as to how much...
March 6, 2021
I.Tax:
Doctrine of Merger - Once the superior court has disposed of the list before it either way - it is the decree or order of the superior court which is final and binding....
March 6, 2021
Cus.:
MEIS scheme - conversion of the EPCG shipping bill into the EPCG cum Drawback shipping bill - Since in the present case, the amendment of shipping bills by converting...
March 6, 2021
Cus.:
Refund of SAD - denial of refund on the ground that the test of unjust enrichment not passed on - non-collection of excess duty paid by the appellant - The certificate...
March 6, 2021
Co.Law:
Reduction of share capital - Even though the public shareholders/non promotor shareholders had objected to the reduction of share capital in the EGH but the majority...
March 6, 2021
S.Tax:
100% EOU - Refund of the accumulated CENVAT Credit - The Tribunal has rightly interpreted the words used in Rules 5 and 6 by pointing out that the words used in Rule 6...
March 6, 2021
S.Tax:
Refund of Service tax paid - SEZ unit - input service or not - Group Health Insurance Service - Group Medical Insurance Service - Group Personal Accident Insurance...
March 6, 2021
S.Tax:
Penalty - wrong availment of cenvat credit - The intention as to fraud, suppression of facts, etc., are relevant for the penalty under Rule 15 (3) and hence, the Revenue...
March 6, 2021
S.Tax:
Auctioneering services - What they are rendering is facilitation of tenders for sale of the products of their members through sealed tenders. Therefore, the term...
March 6, 2021
C.Ex.:
Reduction in quantum of penalty imposed under Rule 26(2) (i) & (ii) - the Tribunal would say that there is no revenue loss because M/s.Sujana Metal Products Limited have...
March 6, 2021
Indian Laws:
Seeking appointment of a sole arbitrator - international commercial arbitration or not - distributors of Amway products in India - sole proprietary concern is equated...
March 5, 2021
GST:
Works Contract - supply of services - supply to Government, Government Agency or Government Entity - The impugned works are used commercial/business activities in view...
March 5, 2021
GST:
Jurisdiction of CMM (MEERUT)(UP) - Investigation were conducted at Gaziabad (UP) by the DGGI - all Firms/Companies which are said to be of accused, are registered in New...
March 5, 2021
I.Tax:
Exemption u/s 10(21) - AO treated the assessee as an institution while granting approval under Section 35(1)(ii) by the competent authority as well as by the Directorate...
March 5, 2021
I.Tax:
Penalty u/s 271FA - failure to file AIR - mandatory requirements of Section 285 BA calling upon the petitioners to file the returns within a period of 60 days from the...
March 5, 2021
I.Tax:
Penalty U/s 271(1)(b) - As only source of income of the assessee is from salary from Government of Rajasthan on which TDS has all ready been deducted and apart from this...
March 5, 2021
I.Tax:
Merely because certain income had been offered voluntarily by the assessee in the returns filed for subsequent years, that would not bind assessee for the year under...
March 5, 2021
Cus.:
Rectification of Mistake - mistake apparent from the records - Application was rejected with the view of Third Member of the tribunal - the Judicial Member, who agreed...
March 5, 2021
Cus.:
Imposition of penalty equivalent to duty and interest u/s 114A of Customs Act - The expression used is 'or' which is disjunctive between duty or interest and further use...
March 5, 2021
Cus.:
Levy of Penalty on CHA u/s 112 of Customs Act - mis-declaration during the physical examination of the goods - The penalty imposed is not sustainable in the absence of...
March 5, 2021
IBC:
Preferential transactions or not - Corporate Guarantees - the transaction covered under the Corporate Guarantees would not come within the parameters of the preferential...
March 5, 2021
VAT:
Sale or service - Information Technology Service - Canned software - the petitioner should have obtained a clarification from the Commercial Tax Department before taking...
March 5, 2021
S.Tax:
SVLDRS - Our courts are flooded with avoidable litigation and government by way present scheme has initiated step to minimise litigation and generate revenue, thus...
March 5, 2021
C.Ex.:
Removal of Capital Goods without reversal of Credit / Payment of duty - Since the removals were contrary to spirit of the provisions of the CENVAT Credit Rules, 2004,...
March 5, 2021
C.Ex.:
Recovery of Central Excise dues - whether the flats belonging to the appellant which she purchased under Registered Sale deeds out of monies received as gifts from her...
March 5, 2021
C.Ex.:
Process amounting to manufacture - When the process of cutting and slitting itself does not amount to manufacture within the meaning of Section 2 (f) of the Central...
March 5, 2021
VAT:
Validity of assessment order - transfer of right to use of goods - As a matter of fact, the subject transaction may have been liable to tax under Section 65(105)(zzzzj)...
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: 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...
C
: Framework for Category I and II Alternative Investment Funds (AIFs) to...
C
: Flexibility to Alternative Investment Funds (AIFs) and their investors...
N
: Securities Contracts (Regulation) (Stock Exchanges and Clearing Corpor...
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: Securities and Exchange Board of India (Research Analysts) (Amendment)...
N
: Securities and Exchange Board of India (Investment Advisers) (Amendmen...
N
: Appointment of Common Adjudicating Authority for the purpose of adjudi...
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...
A
: A simplified GST guide designed for commission agents and brokers.
A
: Delhi HC issued notice to decide on the taxability of providing corpor...
A
: WAIVER OF INTREST UNDER SECTION 234A, 234B AND 234C OF INCOME TAX ACT, 1961
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