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Highlights / Annotations / Catch Notes For April of 2021
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Showing 301 to 350 of 384 Records
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April 6, 2021
I.Tax:
Reopening of assessment u/s 147 - undisclosed capital gain - a right person is liable to pay tax on his income and no option is available to tax income in the hands of...
April 6, 2021
I.Tax:
TP Adjustment - Arm's length price of the corporate guarantee fee - Lower authorities have also included a letter of comfort as part of corporate guarantee - We reject...
April 6, 2021
I.Tax:
Deemed dividend addition u/s 2(22)(e) - it is only where a loan advanced by a company to registered shareholder and other conditions set out in section 2(22)(e) are...
April 6, 2021
I.Tax:
Deduction u/s 80IA - More than ordinary profit shown by the assessee under section 80IA(10) - Admittedly, in the case on hand the assessee is showing higher amount of...
April 6, 2021
I.Tax:
Ex-parte order passed by CIT(A) - Non-appearance before CIT(A) since the affairs of the assessee company not having been properly looked into by the person incharge at...
April 6, 2021
Cus.:
Release of seized goods - Drones - the Commissioner (Appeals) has taken a correct view after applying his mind so as to release the goods for immediate use so that the...
April 6, 2021
C.Ex.:
Judicial Review of Show Cause Notice (SCN) - whether refunds granted earlier pursuant to the Judgment of the Apex Court can be considered to be refunds erroneously...
April 6, 2021
VAT:
Levy of sales tax on turnover - High seas sale - Admittedly, the Bill of Entry is not the document of title and even assuming that there are certain interpolations or...
April 6, 2021
VAT:
Levy of tax on turnover - Bill of Lading - title to the goods or not - In the instant case, the Revenue did not dispute the fact that the duty was paid by the ultimate...
April 5, 2021
GST:
Accrual of GST liability - when is the ‘date of receipt of payment’ where no tax invoice is issued under Section 31 - agreement for the sale of flats in a project -...
April 5, 2021
GST:
Condonation of delay in filing an appeal before AAAR against the order of AAR - the AAR was justified in rejecting the appeal on the ground of limitation as it was not...
April 5, 2021
GST:
Seeking grant of Bail - raid and search operation were conducted - fake firms - wrongful availment of credit - Suffice to say prima facie, the accused has committed an...
April 5, 2021
I.Tax:
TDS u/s 195 - payments made to non-resident - The amounts paid by resident Indian endusers/ distributors to non-resident computer software manufacturers/suppliers, as...
April 5, 2021
I.Tax:
Conversion of complete scrutiny from the limited scrutiny - In the present case, no administrative approval has been obtained from the CIT. The AO is also required to...
April 5, 2021
I.Tax:
Disallowance u/s 37(1) - interest free loan to its Managing Partner - it is not the contention that the Managing Partner has withdrawn his capital. As seen from the...
April 5, 2021
I.Tax:
Penalty u/s 271AAB - the assessee did not have any option to keep the return pending anymore and wait for the department to provide copy of statements. Had the assessee...
April 5, 2021
I.Tax:
Computation of Capital Gain - provision for site development expenses against sale of plots and the disallowance being premium on re-purchase - Once the plots are sold...
April 5, 2021
I.Tax:
LTCG Addition - denial of natural justice - the Assessing Officer’s second round assessment order sufficiently indicates that he had afforded a number of opportunities...
April 5, 2021
I.Tax:
Exemption u/s 11 - Charitable activity u/s 2(15) - activities of organizing seminars - The AO himself classified the activities under objects of general public utility....
April 5, 2021
I.Tax:
Penalty u/s 271(1)(c) - denial of deduction under section 80IB(10) - Just because the claim for this A.Y. 2009–10 was rejected, the penalty cannot be imposed considering...
April 5, 2021
I.Tax:
Benefit of the provisions of Section 10 (23C)(iiiab) - There is a sweeping difference in according the any assessee to the provisions of Section 12AA and Section...
April 5, 2021
I.Tax:
Deduction u/S 80IA on Inland Container Depot - Unless shown otherwise, it cannot be held that the term ‘Inland Ports' is used differently under Section 80-IA of the IT...
April 5, 2021
I.Tax:
Validity of final assessment order passed u/s 143(3) r.w.s 144C - The view taken by DRP that it has no power to condone the delay is inasmuch as such power is absent...
April 5, 2021
VAT:
The petitioner did not receive any of the notices said to be sent by the 2nd respondent and therefore, they had no occasion to submit their explanation/objection. So...
April 5, 2021
VAT:
Condonation of delay in filing petition - No explanation is adduced for the elapse in time between 04.06.2016 and date of filing of this writ petition which is...
April 3, 2021
GST:
Rate of tax - Composite supply of Works Contract or not - supply of erection, commissioning and installation of ZLD plant along with O&M services for a period of 5 years...
April 3, 2021
GST:
Invocation of bank guarantee furnished by the petitioner for release of the goods - If the petitioner files statutory appeal challenging the order at Ext.P3 within the...
April 3, 2021
VAT:
Disallowance of discount from the taxable turnover - There is no evidence that the dealer paid to the assessee the original value of the goods and not the discounted...
April 3, 2021
C.Ex.:
Rejection of refund claims - The finding of fact recorded by the Commissioner of Appeals in respect of the fulfillment of the requirement under Notification No. 20/2007...
April 3, 2021
C.Ex.:
CENVAT Credit - input services - nexus with the output goods - expenses incurred in relation to after sales service - as long as services of TVSFS in relation to...
April 3, 2021
VAT:
Reversal of Input Tax Credit (ITC) on furnace oil and LSHS oil - the furnace oil was used in the process of manufacturing of the final product and it has to be treated...
April 3, 2021
Cus.:
Waiver of demurrage, rent and detention charges - The goods could not released only for the reason that they were detained by the customs authority. - the importer...
April 3, 2021
VAT:
Restriction on Input tax credit - job-work - The amended Rule 133 came into force w.e.f., 1.4.2006 and provides that where a registered dealer carries on the business in...
April 3, 2021
I.Tax:
Reopening of assessment u/s 147 - The tabulations indicates that during some of the months there were less than 10 workers employed by the petitioner. Therefore, there...
April 3, 2021
I.Tax:
Exemption u/s 54F in respect of investment made in a house property in USA (foreign country) - In the light of the judgment delivered by Division Bench of this Court, as...
April 3, 2021
Cus.:
Refund of SAD - SEZ unit - The authorities seems to have rejected Refund claims by O-I-O and then by O-I-A dated. 12-09-2018 for one or the other unjustified &...
April 3, 2021
C.Ex.:
CENVAT Credit - sale of discarded scrap, i.e. used empty drums and empty bags - applicability of Rule 6 (3) - the said Rule has wrongly been invoked in case of the...
April 3, 2021
S.Tax:
Extended period of limitation - It is observed that admittedly appellant was regularly filing its return and was discharging the duty liability. There is nothing on...
April 3, 2021
I.Tax:
Order passed by the AO u/s 143 (3) read with section 144C (1) titling it as “Draft Assessment Order” - AO while passing the impugned order, issued the demand notice u/s...
April 3, 2021
S.Tax:
Failure to pay Service Tax - Penalty on the office bearers - In view of the definition of company in Section 3 of Companies Act that the appellants Society is not a...
April 3, 2021
C.Ex.:
100% EOU - Refund of unutilized Cenvat credit availed on inputs/input services - export of goods - appellant had not physically exported their goods but cleared the same...
April 3, 2021
I.Tax:
Additions towards excessive wastage as making charges - AO as well as learned CIT(A) were erred in estimating making charges mere relying upon statements of two...
April 3, 2021
I.Tax:
Interest expenditure disallowance u/s 36(1)(iii) - The term ‘put to use’ applies to capital asset only because capital asset is held to facilitate the business activity...
April 3, 2021
I.Tax:
Capital gain tax - cost of acquisitionn - the long terms capital gains has to be from the date from which the capital asset in question was held by the previous owner...
April 3, 2021
I.Tax:
Exemption u/s 11 - Educational activiity u/s 2(15) - CIT-A treated the income from recording studio as business income under section 11(4A) treating the income from...
April 3, 2021
I.Tax:
Addition of advance received u/s. 2(22)(e) - The commercial transaction between the related company do not necessarily attract the provisions of Section 2(22)(e) unless...
April 3, 2021
I.Tax:
Exemption u/s 11(1A) - It is true that the claim was not made in the return of income. It is equally true that revised return of income was also not filed. In our...
April 3, 2021
I.Tax:
Profit in the business of development - method of determining the profit - Merely because assessee had followed an unrecognised method to compute taxable income in the...
April 3, 2021
I.Tax:
Capital gain computation - Not allowing the deduction of cost of improvement - The assessee has not brought on record any document to show that this cost was paid by the...
April 2, 2021
GST:
Classification of supply - composite supply or not - r works relating to Planning, designing and supervision of construction of various building infrastructure...
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: Sec 16(4) Reversal of ITC when 3B is filed belatedly
C
: Corrigendum to Public Notice No.01/2024 dated 9th April, 2024 on modif...
C
: Relaxation in requirement of intimation of changes in the terms of Pri...
F
: sales Against 0.1% GST- if export not done within 90 Days
F
: Composition scheme
A
: FILING APPEAL BEFORE SUPREME COURT – LOW TAX EFFECT
A
: A Simple Analysis of Duty Drawback
A
: Can a Registered Person claim an Input Tax Credit of IGST whose Place ...
H
: Cancellation of GST Registration - Legal Validity of Retrospective Can...
H
: Levy of penalty - goods were undervalued - The High Court, after caref...
H
: Levy of Penalty u/s 129(3) of the Central Goods and Service Tax Act, 2...
H
: Levy of GST - Royalty- seigniorage fee paid by the petitioner to the G...
H
: Credit of TDS - Non-reflection of TDS credit in its 26AS statement - T...
H
: Foreign Tax Credit u/s. 90 - denial of tax credit paid in the source c...
H
: Penalty proceedings for a default committed by a deceased - legal repr...
H
: Estimation of income - Bogus purchases - Second reopening assessment p...
H
: Revision u/s 263 - Upon examination, the Tribunal found that the Asses...
H
: Validity of the assessment order passed u/s 143(3) - Assumption of jur...
H
: Lack of jurisdiction of AO in issuing notice u/s.143 (2) - Change of r...
H
: Addition u/s 68 r.w.s. 115BBE - Bogus LTCG - The Tribunal examined the...
H
: AO/CPC jurisdiction u/s 143(1) to carry out 43B(a) disallowance - The ...
H
: Revocation of the custom broker license - The Tribunal observed that t...
H
: Initiation of CIRP - Financial creditor within the meaning of sub-sect...
A
: ADDITIONAL GROUNDS OF APPEAL AND ORDER IN APPEAL IN GST
A
: Know the Challenges and Issues with GST
C
: Framework for Category I and II Alternative Investment Funds (AIFs) to...
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...
A
: A simplified GST guide designed for commission agents and brokers.
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