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Refund of GST paid deposited by the Vendor on...
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Highlights / Annotations / Catch Notes For April of 2019
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Showing 151 to 200 of 624 Records
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April 23, 2019
I.Tax:
Addition on account of bad debt - embezzled by one of the employees of the company - Non–filing of FIR before the Police - embezzlement may not be allowable as bad debt...
April 23, 2019
I.Tax:
Addition of share capital u/s 68 - source of source - all the three conditions as required u/s. 68 i.e. the identity, creditworthiness and genuineness of the transaction...
April 23, 2019
I.Tax:
Permanent Establishment (‘PE’) in India - equipment PE - It cannot be denied that the ‘vessel’, on which equipments were placed and personnel was stationed, as fixed...
April 23, 2019
I.Tax:
Penalty u/s 271(1)(c) - assessment u/s 153A - AO is precluded from initiate the penalty proceedings u/s 271(1)(c) in case of already concluded assessment in the absence...
April 23, 2019
I.Tax:
TDS u/s 194I - Disallowance u/s. 40(a)(ia) - property owned by three persons jointly - in terms of Section 27, the owners did not constitute an AOP but they had to be...
April 23, 2019
I.Tax:
Taxability of interest income earned prior to commencement of business - because the shareholder of the company was in a position to pass resolution or issue any letter,...
April 23, 2019
I.Tax:
Estimated disallowance of discount to field staff and salary to staff to the tune of 15% of the expenses made - AO neither passed order u/s 144 nor rejected books of...
April 23, 2019
Indian Laws:
Punishment of “Compulsory Retirement” - conduct led to conviction - criminal charge under Customs Act, 1962 - where a charge is levelled and incumbent held guilty of...
April 23, 2019
Cus.:
Refund claim - benefit of concessional rate of duty - The wording of the Notification gives no clue or indication to the effect that substitution of the entry is to be...
April 23, 2019
Cus.:
Provisional release of seized goods - Section 110A of the Customs Act, 1962 - Valuation - enhancement of value as per NIDB data for similar goods - goods allowed to be...
April 23, 2019
Co.Law:
Refund of maturity amount of FDR - There is a maxim in law that a man can lie but a document cannot - there is not enough proof that company had discharged its...
April 23, 2019
IBC:
Corporate insolvency process - Power of Board to decide amount is to be paid to the ‘Financial Creditor’ or ‘Operational Creditor’ including the liquidation value - SC...
April 23, 2019
S.Tax:
Taxability - supply of tangible goods service - Tribunal set aside the demand - CESTAT has recorded only an abrupt finding without discussing the issue and without...
April 23, 2019
S.Tax:
Valuation - the value of taxable services in terms of Section 67 does not include reimbursable expenses for providing such service until May, 2014-15, when Section 67...
April 23, 2019
C.Ex.:
Extended period of limitation - Revenue started investigations vide their letter dated November, 2007 and thereafter kept quiet for a period of almost five years and...
April 23, 2019
Indian Laws:
Dishonor of cheque - liability of accused/petitioners to pay 20% or less of the cheque amount to the complainant - Retrospective effect of amendments - provision of...
April 22, 2019
GST:
Rectification of mistake in GST TRAN-1 of the petitioner’s declaration - transitional credit - matter is remitted back to the GST Council to reconsider the case of...
April 22, 2019
GST:
Profiteering - supply of “Snacks” - benefit of reduction in the rate of tax not passed on - Profiteering proceedings are only concerned with ascertaining whether the...
April 22, 2019
I.Tax:
Reassessment u/s 147 - assessee's claim of deduction u/s 10B was scrutinized in original proceedings - any attempt on part of AO to reexamine the claim, without any...
April 22, 2019
I.Tax:
Reassessment u/s 147 - once the AO noticed the factum of bogus purchases and accommodation entries and in scrutiny assessment and taxed in the manner he thought was...
April 22, 2019
I.Tax:
Accrual of income - effect of addendum of agreement - merely because in the original agreement, the parties had agreed to a higher sum by way of sale consideration, such...
April 22, 2019
I.Tax:
Payment of non-compete fees - revenue expenditure or capital expenditure - agreement with the promoter of the Company to avoid immediate competition - same business...
April 22, 2019
I.Tax:
Condonation of delay of 1625 days - issue on merit is covered in favour of the assessee - all other years where such an issue arises, the assessee has filed appeals -...
April 22, 2019
I.Tax:
TDS u/s 193 - interest on debenture credited to comply with the mandatory requirements of law - requirement of TDS cannot be stretched to unreasonable levels when...
April 22, 2019
I.Tax:
Revision u/s 263 - expenditure on purchased CDs on Jain Religion - AO had carried out detailed enquiries and taken a plausible view and accepted the assessee's treatment...
April 22, 2019
I.Tax:
Revision u/s 263 - There cannot be any estoppel against law and method of accounting/policy followed by tax-payer which is contrary to law even if accepted by the AO...
April 22, 2019
I.Tax:
Rectification u/s 254 - non consideration of admission of additional evidence - Bench has to evaluate the admissibility of the additional evidence and then, it has to...
April 22, 2019
I.Tax:
Rectification u/s 154 - commercial building or residential building - AO has brought on record that the entire building was a commercial building - based on this finding...
April 22, 2019
I.Tax:
Revision u/s 263 - Debit balances written-off - no evidence or material on record including the order sheet of the A.O. to establish that A.O. examined the said issue at...
April 22, 2019
I.Tax:
Addition on the basis of statement in survey u/s 133A - filed reconciliation statement - surrendered certain amount on the basis of certain discrepancies in cash and in...
April 22, 2019
IBC:
Corporate Debtor - applicability of section 43, look back period - related party transaction - preferential transaction - undervalued transactions - it is a transaction...
April 22, 2019
IBC:
Interim resolution professional (IRP) and / or resolution professional (RP) - contraventions of several provisions of the Insolvency and Bankruptcy Code, 2016 (Code),...
April 22, 2019
C.Ex.:
Valuation of goods sold at the depots - the absence of a transaction value from the depot would bring the impugned goods within the ambit of section 4 (1)(b) of Central...
April 22, 2019
C.Ex.:
Extended period of limitation - suppression and mis-statements of facts - mere non-payment of duty cannot be equated with evasion and, even less so, with intent to evade....
April 22, 2019
I.Tax:
Nature of income - profit earn on sale of shares - STCG or Business Income - in the earlier assessment years the assessee had consistently shown the receipts of sale of...
April 20, 2019
Cus.:
Jurisdiction - power of Commissioner of Customs to extend the period for issue of SCN - After the amendment, Commissioner of Customs is fully empowered to pass such...
April 20, 2019
I.Tax:
Taxability of LTCG & STCG as business income - assessee had treated the shares as investment, the number of transactions during the year were not large and held the...
April 20, 2019
I.Tax:
Scope of Section 44BB - Reference to full bench - amount reimbursed to the assessee (service provider) by the ONGC (service recipient), representing the service tax paid...
April 20, 2019
I.Tax:
Waiver of interest u/s 220(2A) - three conditions namely, genuine hardship, circumstances beyond the control and co-operation in any enquiry relating to assessment or...
April 20, 2019
I.Tax:
Addition u/s 41(1) - appellant has written of some of the liabilities in the subsequent assessment years and offered the same as income - taxing such income in the year...
April 20, 2019
I.Tax:
Addition u/s 41(1) - AO alleged that liability is non-existent - section 41(1) can be invoked provided there is trading liability in existence - in absence of any...
April 20, 2019
I.Tax:
Condonation of delay in filing claim of carry forward losses u/s 119(2)(b) - in case of genuine hardship, if on account of reasons beyond the control of the assessee, an...
April 20, 2019
I.Tax:
Deduction u/s 10A - compensation/damages received by the assessee on termination of export contract would be in the course of his export business and is to be treated as...
April 20, 2019
I.Tax:
Assessment u/s 153A - subsequent search - order of the Income tax Settlement Commission for A.Y 2005-06 had attained finality after first search - assessment order based...
April 20, 2019
I.Tax:
Penalty u/s 271AAB - In absence of the requisite contents of specific charge the initiation of proceedings cannot be sustained being bad in law - such defect is not...
April 20, 2019
I.Tax:
Benami transactions - offence under Benami Act - onus of proving a benami transaction - after amendment, the onus of proving a benami transaction rests entirely on the...
April 20, 2019
I.Tax:
Interest received on short term deposits - income being the amount invested temporarily in short term deposits out of advance towards equity share capital by promoters...
April 20, 2019
I.Tax:
Set off of brought forward business loss and brought forward long term capital loss - capital gains computed u/s 50 is be deemed to be short-term capital gains and this...
April 20, 2019
S.Tax:
Classification of services - The fact that some of the students are being the Coventry University cannot be classified as the franchise services as proposed by the...
April 20, 2019
C.Ex.:
Classification of goods - Aluminium and Zinc Castings and articles thereof - the order in classifying the product as motor vehicle parts is incorrect - the same is...
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: Applicability of Notification No. 71/2023 dated 11.03.2024
C
: Enabling provisions for import of inputs that are subjected to mandato...
F
: Reconciliation of Eway bills
F
: Refund of IGST Charged and collected from Foreign Customer on Export o...
H
: Levy of penalty - non filling up of Part B of the e-Way Bill - existen...
H
: Violation of principles of natural justice - The court observed that w...
H
: Rejection of the petitioner’s claim for budgetary support - Violation ...
H
: Validity of determination of GST liability (demand) u/s 73(1) - Reject...
H
: Blocking the input tax credit against the petitioners - The High Court...
H
: Faceless Assessment Center u/s 144-B - territorial jurisdiction - The ...
H
: Non-jurisdictional AO proceeding with the assessment - decentralizatio...
H
: Deduction u/s 80-O - brandishing newspaper cuttings as proof to show i...
H
: Condonation of delay in filing of revised return of income - CBDT reje...
H
: Assessment completed u/s 144C against a petitioner/Non-Resident Indian...
H
: Exemption u/s 10(23C)(iiiad) - Threshold limit of Rs. 1 Crore - The Ap...
H
: Denial of deduction claimed under Chapter VI-A i.e. Section 80G/ 80GGA...
H
: Levy of penalties under various sections - The Appellate Tribunal, in ...
H
: Application seeking approval u/s 80G(5)(vi) rejected - Assessee is pre...
H
: Revision u/s 263 - Bogus LTCG/Share transaction - as per CIT AO failed...
A
: Mohit Agarwal Vs. CIT (All)- Appeal of assesse was earlier admitted th...
A
: DEPRECIATION ON GOODWILL
A
: Deciphering GST Notices: A Comprehensive Guide to Understanding and Re...
F
: ITC CLAIMED AFTER DUE DATE
F
: INQUIRY BY THE APPELLATE AUTHORITY
N
: Extension in Import Period for Yellow Peas under ITC (HS) Code 0713101...
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: Uploading of judicial orders related to insolvency proceedings by Inso...
A
: DISTINCTION BETWEEN ‘DOCTRINE OF CONSTRUCTIVE NOTICE’ AND ‘DOCTRINE OF...
A
: The Benefits of Cloud Accounting for SMEs
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: GST PENALTY SECTION 122
N
: Exemption from specified income U/s 10(46) – ‘Tamil Nadu Electricity R...
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