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Highlights / Annotations / Catch Notes For March of 2023
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Showing 51 to 100 of 505 Records
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March 29, 2023
I.Tax:
Income taxable in India - Taxability of interest paid by the Indian branch office to the other overseas branches of the assessee - the fiction of hypothetical...
March 29, 2023
I.Tax:
Addition of cash deposit u/s 68 and invoking of section 115BBE - When the assessee suffering with serious diseases requiring emergency treatment at any time in super...
March 29, 2023
I.Tax:
Computer Gift Expenses and other gift expenses - expenditure prohibited by MCI Guidelines - Once, the basis on which the addition made is not substantiated by the ld. AO...
March 29, 2023
I.Tax:
Denying deduction u/s 54 - Purchase of new house property within one year - Admittedly, in this case what the department is harping upon is merely the agreement dated...
March 29, 2023
I.Tax:
Income earned by the sale of the property - taxability lies in the hands of assessee AOP or the members of the assessee AOP - - it was the members of the assessee AOP...
March 29, 2023
Cus.:
Validity of review order - Period of limitation - It cannot be understood what prevented the Department from submitting before the Commissioner (Appeals) that the...
March 29, 2023
Cus.:
Valuation of imported goods - inclusion of fee paid for transfer of technical knowhow - the view of the Commissioner (Appeals) that technical knowhow fee of EURO 40,000...
March 29, 2023
IBC:
Initiation of CIRP - Financial Creditors or Operational creditors - Upon execution of agreement of COR, the Appellant as a Financier discounted the invoice and deposited...
March 29, 2023
Indian Laws:
NPA - classifying their accounts as fraudulent - The principles of natural justice demand that the borrowers must be served a notice, given an opportunity to explain the...
March 28, 2023
GST:
Confiscation of goods alongwith the conveyance - levy of penalty - It amounted to breach of principles of natural justice resulting into denial of reasonable opportunity...
March 28, 2023
I.Tax:
Block assessment u/s 158BC/158BE - Period of limitation - If the submission on behalf of the respective assessees that the date of the last authorization is to be...
March 28, 2023
I.Tax:
Reopening of assessment u/s 147 - Validity of order u/s 148A - all such notices when they would relate to Assessment Year 2013-14 or Assessment Year 2014-15 would be...
March 28, 2023
I.Tax:
Addition u/s 68 r.w.s. 115BBE - AO is required to act fairly as reasonable person and not arbitrarily capriciously. The assessment should have been made based on the...
March 28, 2023
I.Tax:
TDS u/s 192 - payment of remuneration - No deduction at source is contemplated u/s 192 in cases where a payment towards salary has accrued but is not made - AO was not...
March 28, 2023
I.Tax:
Erroneous order of CIT(A) - we find that the impugned order has been passed by the CIT(A) mechanically without application of mind which has forced the assessee to file...
March 28, 2023
I.Tax:
Addition u/s 40(a)(ia) - Non deduction of TDS - Since the assessee’s claim that expenses were not debited to P&L account is correct, ld. CIT (A) held that there is no...
March 28, 2023
I.Tax:
Revision u/s 263 - AO has discharged his dual role as an investigator as well as adjudicator. As noted he has examined the relevant facts of unsold flats as well as...
March 28, 2023
Cus.:
Eligibility for SAD exemption - It is admitted by the importer that no permission obtained under FCO, since the product 'rock phosphate' imported does not require such...
March 28, 2023
Cus.:
Smuggling - burden to prove - When any statement is recorded under Section 108, it has been clarified by the High Court that when a person who has earlier given the...
March 28, 2023
Cus.:
Benefit of exemption from duty - 12V SMPS consisting of Main PCB, lightening protector, DC/AC cables, fuse/fuse holders and others - SMPS is not a part of IFWT. The...
March 28, 2023
Cus.:
Revocation of Customs broker licence - dismissal of request for cross-examination - regulation 22(7) and 20(1) of Customs House Agents Licensing Regulations (CHALR),...
March 28, 2023
S.Tax:
Levy of Service Tax - reverse charge mechanism - to say that the software was available in India, with the appellant and hence the provision of service was from India...
March 28, 2023
C.Ex.:
Recovery of CENVAT Credit - It is a case of double payment of duty on same inputs. The payment of duty twice is not disputed, thus, it would be unfair and against the...
March 27, 2023
GST:
Cancellation of registration due to shifting of unit from one state to another - Seeking restoration of Goods and Service Tax (GST) registration, which was canceled...
March 27, 2023
GST:
Eligibility and conditions for taking Input Tax Credit (ITC) - Section 16(2)(c) of CGST Act - no tax had been remitted by the suppliers, since GSTR 3B had not filed by...
March 27, 2023
GST:
Taxability of amount received - Co-operative Housing Society - receipt of a gratuitous payment from an outgoing member for the time he has resided in the society - no...
March 27, 2023
I.Tax:
Withholding of refund - AO is also required to give detailed and compelling reasons as to how the release of the refund will adversely affect the interest of the Revenue....
March 27, 2023
I.Tax:
Validity of assessment order u/s 143(3) r.w.s.144B - First 21 pages of the assessment order is a verbatim extract of the show cause notice. In page nos.22 and 23 in two...
March 27, 2023
I.Tax:
Exemption u/s 11 - While none may successfully contend or invoke res judicata in taxation matters, at the same time, in absence of any difference of fundamental fact or...
March 27, 2023
I.Tax:
Disallowance on account of interest payment on TDS deposited to the Income Tax Department - interest paid on late payment of TDS is compensatory in nature and is an...
March 27, 2023
I.Tax:
Denial of benefit of carry forward & setting off of loss and exemption u/s 11 r.w.s. 12 - Belated filing of ITR - In the impugned case on hand, the total receipts...
March 27, 2023
I.Tax:
Reopening of assessment u/s 147 - addition on account of unsecured loan from 3 parties - AO has reopened the assessment based upon wrong facts, wrong appreciation of...
March 27, 2023
I.Tax:
Reopening of assessment u/s 147 - addition of other receipts u/s. 68 r.w.s. 115 BBE - allegation made by the revenue is general in nature and the addition of the whole...
March 27, 2023
I.Tax:
TDS u/s 194A - assessee in default - failure to upload Form 15G/15H of the depositors in roper format - Considering the fact that the assessee has not deducted tax at...
March 27, 2023
I.Tax:
Exemption u/s 54F - artificial transfer of one house by way of gift deed - colourable device to claim exemption - The assessee artificially created a gift deed of the...
March 27, 2023
I.Tax:
Correct head of income - transfer of property as stock in trade - Valuation - Application of provisions of section 50C - the AO and CIT(A) erred in applying provisions...
March 27, 2023
I.Tax:
Income from other sources u/s. 56(1) - gift of shares received by the assessee - The gift received by the assessee in present case is in the capital field and can be...
March 27, 2023
I.Tax:
Income deemed to accrue or arise in India - receipts towards IT support services - the payment received for IT support services cannot be treated either as fee for...
March 27, 2023
Cus.:
Seeking provisional release of the goods - import of consignments of fresh Kiwi Fruits from UAE - In the facts and circumstances of the case, when the petitioner has...
March 27, 2023
Cus.:
Refund - principles of unjust enrichment - CA certificate - there is no requirement in law that a certificate must be issued only by the statutory auditors. So long as...
March 27, 2023
Cus.:
Classification of imported goods - import of Manual Breast Pump - the product has nothing to do with any medical or surgical procedures nor is it used by any medical...
March 27, 2023
Cus.:
Seeking restoration of appeal - application for restoration of appeal has been filed after more than six years - Any decision regarding action under the Customs Act...
March 27, 2023
C.Ex.:
Recovery of erroneous refund - Once the order in original sanctioning the refund came to be set aside in a proceeding under Section 35E of the Act and the proceedings...
March 27, 2023
C.Ex.:
Levy of personal penalty under Rule 15(1) of Cenvat Credit Rules, 2004 - wrong availment of CENVAT Credit by the company - appellant submits that appellant is a...
March 27, 2023
C.Ex.:
Refund - Period of limitation - Considering the beneficial object of establishing the SEZ tax free, without any burden of duties, the procedural lapse, if any, cannot be...
March 27, 2023
C.Ex.:
Invocation of extended period of limitation - In the present case, there are no new materials / evidence unearthed by the department which has formed the basis for...
March 27, 2023
C.Ex.:
Valuation - inclusion of subsidy - Under the promotion policy involved in these appeals, the subsidy does not reduce the sales tax that is required to be paid by the...
March 25, 2023
GST:
Rejection of refund for input tax credit (ITC) - export of services - There is no dispute that the recipient of Services – that is EY Entities – are located outside...
March 25, 2023
GST:
Classification of supply - the goods are supplied from a location outside India to a location outside India, i.e., the supply of goods from a place in the non-taxable...
March 25, 2023
GST:
Exemption from GST - supply of the aircraft type rating training services to commercial pilots in accordance with the training curriculum - The fact that such a...
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: PAYMENT TO CINE OR TV ARTISTS. LIABILITY UNDER RCM
H
: Detention of the goods and vehicle - stock transfer - Penalty - The pe...
H
: Penalty for Non-filing of monthly return - Seeking permission to file ...
H
: Validity of Orders passed u/s 73 - excess claim of Input Tax Credit [I...
H
: Recovery of demand of service tax - CIRP Proceedings under IBC - The e...
C
: Unauthorised foreign exchange transactions
H
: Seeking rectification in Form GSTR-1 - limitation period - Works contr...
H
: TP Adjustment - selection of MAM [Most Appropriate Method] - The High ...
H
: Deemed income u/s 56(2)(x) - Defective Show cause notice - Addition of...
H
: Obligation to pass a draft assessment order u/s 144C (1) - Petitioner ...
H
: Rejection of application u/s 119(2)(b) for condoning the delay in fili...
H
: Validity of Reopening of assessment u/s 147 - reason to believe - Repl...
H
: Reassessment proceedings against company insolvent/dissolved - The cou...
H
: Assessment of trust - Rate of Tax - Maximum Marginal Rate (MMR) - The ...
H
: Disallowance of bonus paid to directors u/s 36(1)(ii) - assessee paid ...
H
: Addition of the suppressed gross receipts as were disclosed by the ass...
H
: Validity of Assessment order as time barred - delay dispatching assess...
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...
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: Under section 80G(2)(b) the Central Government Notified “Shree Ramanuj...
N
: Streamlining of Halal Certification Process for Meat and Meat Products
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: GST COLLECTION – NET COLLECTION DESERVE PUBLICATION/ REPORTING INSTEAD...
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: Demand should not be raised when negative taxable and invoice value ar...
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: Various Types Of Trusts and Their Importance
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: IGST is not payable under RCM for services in Free-on-Board and Cost I...
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: MEETING OF CREDITORS - INSOLVENCY RESOLUTION PROCESS - PERSONAL GUARAN...
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