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TDS u/s 194H - Higher rate of TDS @20% in absence...
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Validity Of order passed without signed by the...
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Rectification u/s 154 - The Assessee argued that...
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Seeking rectification in Form GSTR-1 - limitation...
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Estimation of income - bogus purchases - The...
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Highlights / Annotations / Catch Notes For April of 2019
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Showing 401 to 450 of 624 Records
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April 10, 2019
I.Tax:
Penalty u/s 271AAB - An advance represents an outflow of funds and what has been envisaged by the legislature while defining “undisclosed income” in section 271AAB is an...
April 10, 2019
I.Tax:
Penalty u/s 271(1)(c) r.w. Explanation 5A - penalty by AO on the basis of assumption that some assets, money, bullion, jewellery or diary are part of undisclosed income...
April 10, 2019
I.Tax:
Stay of demand for penalty u/s.271(1)(c) - quantum appeal pending - assessee prima-facie having fair chance of win - enforcement for recovery would cause serious loss...
April 10, 2019
I.Tax:
Penalty u/s. 271A - confusion between the ‘books of account’ as per section 44AA and the ‘accounts’ as per section 145(3) - no finding either by the AO or by the CIT(A)...
April 10, 2019
I.Tax:
Levy of penalty u/s. 271(1)(c) - suppression of turnover - penalty imposed at the minimum amount of 100% of the tax sought to be evaded - The penalty imposed for both...
April 10, 2019
I.Tax:
Unexplained cash credit u/s 68 - partnership firm is not liable to justify the source of fund in the hands of the partner - if the AO is not convinced about the...
April 10, 2019
I.Tax:
Taxability of Fees for technical services (FTS) - In Article–13(4)(c) of the India–UK tax treaty the words “or consists of the development and transfer of a technical...
April 10, 2019
Cus.:
Valuation of exported goods - iron ore - enhancement of value based on contemporaneous export - provisions of Rule 4 provides for determination of export value by comparison.
April 10, 2019
IBC:
Withdrawal of IB petition - proposal of settlement at the post-admission of the present IB Petition - no impediment for accepting the proposal of settlement at the...
April 10, 2019
S.Tax:
CENVAT Credit - duty paying documents - CENVAT Credit cannot be denied on mere technicalities that is Bank Slip issued by the Bank cannot be considered as proper document
April 10, 2019
C.Ex.:
Valuation - inclusion of Dharmada Charges (Charitable donation) - The Dharmada collected by the appellant which is clearly an optional payment made by the buyer cannot...
April 10, 2019
C.Ex.:
Valuation - inclusion of Dharmada charges (charitable donation from customers) in the assessable value - The amount of Dharmada cannot be included in the transaction value.
April 10, 2019
C.Ex.:
Goods cleared for construction of water treatment plant - benefit of exemption - Mistake in mentioning the wrong notification number cannot be the sole reason for...
April 10, 2019
VAT:
Nature of activity - sale or service? - Unbranded software/uncanned software - it was the duty of the Company to have placed the basic material, i.e., the agreement or...
April 10, 2019
Indian Laws:
Dishonor of Cheque - proceedings initiated under section 138 and 141 of the Negotiable Instruments Act, 1881 - No evidence of unimpeachable quality has been brought on...
April 10, 2019
I.Tax:
Expenditure for repairs and maintenance to plant & machinery - If the expenditure incurred by the assessee would not result in replacement of old machinery with new,...
April 9, 2019
Cus.:
Phasing out of physical copies of Merchandise Exports from India Scheme (MEIS)/Services Exports from India Scheme (SEIS) Duty Credit Scrips issued with EDI port as Port of registration
April 9, 2019
I.Tax:
Warrant of authorisation u/s 132 - Validity of search proceedings u/s 132(1) - In the absence of existence of any of the three circumstances envisaged u/s 132(1), the...
April 9, 2019
I.Tax:
Addition u/s 36(1)(iii) - advanced interest bearing fund without charging any interest to its associate concerns - Whether it is commercially expedient or not for the...
April 9, 2019
I.Tax:
Requirement of application of non deduction of TDS u/s 195(2) - unless person (deductor) is responsible for paying any sum chargeable under the Act - there is no...
April 9, 2019
I.Tax:
Disallowance u/s 40(a)(ia) - commission paid to foreign agents from India - All services are rendered abroad - When the payment made by the assessee to the overseas...
April 9, 2019
I.Tax:
Deduction u/s 80IC - higher rate of profit declared by the assessee-company in its Dehradun Unit is justifiable as cost of production of the same Unit was lower due to...
April 9, 2019
I.Tax:
Penalty u/s 271AAB - It is not mandatory but the AO has a discretion after considering all the relevant aspects of the case and then to satisfy himself that the case of...
April 9, 2019
I.Tax:
Penalty u/s 271AAB - statement recorded u/s 132(4) itself would not either constitute an incriminating material or undisclosed income in the absence of any corresponding...
April 9, 2019
I.Tax:
Assessee in default - proceedings u/s. 201(1) and 201(1A) - payment to non resident u/s 195 - limitation to pass order u/s. 201 shall be one year from the end of...
April 9, 2019
I.Tax:
Penalty u/s. 271(1)(b) - non-compliance of statutory notices - since the order was passed by the AO u/s. 143(3) and not 144 means the subsequent compliance in the...
April 9, 2019
I.Tax:
Registration u/s 12AA - fulfillment of condition u/s 13(1)(b) - benefit of any particular religious community or caste - not eligible for registration u/s 12AA -...
April 9, 2019
I.Tax:
Addition of 'on money' for the sale of the property u/s 69 - addition based on seller statement - no mention as to cross examination of the seller - no valuation of the...
April 9, 2019
I.Tax:
Taxability of subsidy - adjustment in capital assets - given to the assessee to establish the industrial unit in backward regions of the Maharashtra State - from...
April 9, 2019
I.Tax:
Taxability of subsidy - revenue of capital - subsidy to establish the industrial unit in backward regions of the Maharashtra State is in nature of capital receipt -...
April 9, 2019
I.Tax:
Reopening of assessment u/s 147 - approval u/s 151(1) - Pr. CIT, has accorded approval for issuing notice u/s 148 in a very routine, mechanical manner & without...
April 9, 2019
I.Tax:
Disallowance u/s 14A in return - not earned any exempt income - request for withdrawal of suo moto disallowance before the AO itself - permitted
April 9, 2019
I.Tax:
Addition u/s 68 - bogus LTCG - off market purchase in physical form by paying cash - The assessee has failed to furnish the proof of source for the purchase transactions...
April 9, 2019
Cus.:
Re-import of Export goods - Floating Crane - The extreme action taken by the respondents of the seizure of vessel after lapse of about two years from the date of...
April 9, 2019
Cus.:
Benefit of concessional rate of duty - The notification apart from covering the specific Ostomy products, also covers the general purpose products - Merely because the...
April 9, 2019
S.Tax:
Validity of summon u/s 14 - registration under service tax - The Range Superintendent, being the registration issuing authority, is well within its competence to summon...
April 9, 2019
C.Ex.:
Principles of natural justice - Validity of trial u/s 9 of the Central Excises and Salt Act, 1944 - When the charge is clear regarding the allegations, quoting of the...
April 9, 2019
C.Ex.:
Clandestine removal - The confirmation of demand solely on the basis of fact that Appellant declared himself as manufacturer in tender documents cannot be sustained in law.
April 8, 2019
GST:
Initiation of certain proceedings under Chapter V of the Finance Act, 1994 - transition to GST Regime - Section 174 of CGST Act 2017 - stay granted.
April 8, 2019
GST:
Jurisdiction - Post GST audit - notice issued for Central Excise and Service Tax Audit for the period from 2013-14 to 2017-18 - Section 174(2)(e) of CGST Act, 2017 - The...
April 8, 2019
I.Tax:
Provisional attachment of Bank Accounts and properties - undisclosed foreign investment - exercise of powers u/s 132(9B) - while granting the relief, we must bear in...
April 8, 2019
I.Tax:
Application of income - once the AO u/s 11(3A) allow the assessee to apply the income for such other charitable or religious purposes, as is specified in the...
April 8, 2019
I.Tax:
Reassessment notice u/s 148 - after four years of the assessment u/s 143(3) - allowabllity of carry forward the losses when return filed u/s 139(4) - petitioner is not...
April 8, 2019
I.Tax:
Penalty u/s 271E - violation u/s 269T - Section 275(1)(c) which would govern the present contest - statutory authority concerned, is restrained from passing any order of...
April 8, 2019
I.Tax:
Jurisdiction of Addl. CIT to act as an AO - the Addl. CIT in the absence of a valid order u/s 120(4)(b) as well as section 127(1) of the Act could not have exercised...
April 8, 2019
I.Tax:
Capitalization of interest u/s.36(1)(iii) - Unlike, section 37 which expressly excludes an expense of a capital nature, section 36(1)(iii) emphasizes is the user of the...
April 8, 2019
I.Tax:
Disallowance u/s. 14A - recording of satisfaction - AO before invoking Rule 8D has issued SCN to the assessee. The AO after considering the reply of assessee negated the...
April 8, 2019
I.Tax:
Penalty u/s 271(1)(c) - tax payable as per the MAT u/s 115JB - no penalty imposable under normal provision when the tax liability has been fastened on the assessee under...
April 8, 2019
I.Tax:
Levy of penalty u/s 271B - violation to get accounts audited u/s 44AB - The word ‘relevant’ qualifying the words ‘assessment or other order’ in section 275(1)(a) has to...
April 8, 2019
I.Tax:
Taxability of Bogus purchase - Estimation of profit - in cases where purchases are not proved with necessary evidences, only profit element embedded on those purchases...
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F
: 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...
N
: 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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