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Highlights / Annotations / Catch Notes For April of 2021
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Showing 51 to 100 of 384 Records
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April 27, 2021
I.Tax:
Validity of reopening of assessment u/s 147 - We see no justifiable reason to interfere with the order under challenge. We clarify that when a notice under Section 148...
April 27, 2021
I.Tax:
Computation of capital gains under section 50 - no depreciation had been claimed or allowed in respect of the asset - Once, this is a fact that the moment assessee...
April 27, 2021
I.Tax:
Concept of mutuality - Payment of interest / compensation to the members - The very fact that bylaws of the assessee-society contained the provisions that payment of...
April 27, 2021
Cus.:
Confiscation - redemption fine - penalty - import of seafood for the purpose of export and trade - The appellant had no intention to violate FSSAI and FSS Act and had no...
April 27, 2021
Cus.:
Refund of Customs Duty - duty paid under protest - it is found that the Revenue has not challenged the show-cause notice as well as the Order-in-Original allowing the...
April 27, 2021
IBC:
Appointment of valuer for ascertaining the value of the land of the corporate debtor (CD) being industrial in nature - Once any finality is achieved over any issue, the...
April 27, 2021
S.Tax:
Revenue neutrality - issue is revenue neutral without involving of any out flow of net tax to the Government - only with effect from May 14, 2015, by virtue of...
April 26, 2021
I.Tax:
Withholding rate of tax in respect of dividend - We are not impressed with the argument advanced on behalf of the revenue that since Slovenia, Lithuania, and Columbia...
April 26, 2021
I.Tax:
TDS u/s 194I OR 194C - The only transaction entered into between the Assessee and the lease financing company was to make payment of the amounts due to the company, and...
April 26, 2021
I.Tax:
Keeping in view Rule 29 of the Income Tax (Appellate Tribunal) Rules, 1963 and also keeping in view the fact that the material on the basis of which the order has been...
April 26, 2021
I.Tax:
Reopening of assessment u/s 147 - penny stock transaction - We take the notice of the fact that, the copy of the approval has been provided to the assessee at the stage...
April 26, 2021
I.Tax:
Mere discovery of a foreign bank account in the name of the assessee is not sufficient to thrust the tax liability without bringing on record the chargeability of the...
April 26, 2021
I.Tax:
TP Adjustment - comparability adjustment on account of abnormal cost - There is no dispute on part of the revenue that in the BPO industry the prevalent rate for...
April 26, 2021
I.Tax:
Unexplained cash credit under section 68 - It might be quite possible that search material has a bearing on the income to be determined for the year under consideration...
April 26, 2021
I.Tax:
Addition of unexplained cash credit u/s 68 - Due to existing disputes with the parties by the sister concerns of the assessee, the assessee could not procure the...
April 26, 2021
I.Tax:
Validity of assessment order us 153A - Approval by the JCIT as required u/s 153D - An irregularity in the assessment order may be rectified by remitting back the matter...
April 26, 2021
S.Tax:
Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 - entitlement to take advantage of CENVAT credit on input tax under the scheme or not - It is an undisputed fact...
April 26, 2021
S.Tax:
CENVAT Credit - rendering free service and warranty labour charges - learned Commissioner neglected the facts that the income accounted in the Books of Account are...
April 26, 2021
C.Ex.:
Sale of mortgaged property for recovery of excise dues - Excise dues are not dues which arise out of land or building. Such liabilities could be in the form of property...
April 26, 2021
C.Ex.:
Recovery of Excise Duty - Compounded Levy Scheme - When the petitioner admits that he was paying the excise duty under the Compounded Levy Scheme and he is bound by the...
April 26, 2021
VAT:
Validity of remanding the matter to the Assessing Authority - the first appellate authority has adjudicated the controversy on merits and therefore, the tribunal, which...
April 26, 2021
Indian Laws:
Forum for Arbitration - Seat of the arbitral proceedings - The closest connection test strongly relied upon by Mr. Himani would only apply if it is unclear that a seat...
April 24, 2021
GST:
Concessional rate of duty - Works contract - tender agreement for wet leasing of Robotic spot-welding machine and laser cutting and welding machine - comprehensive...
April 24, 2021
GST:
Grant of anticipatory bail - alleged non payment of GST - It is settled position that the applicant apprehending arrest need not be made an accused in a crime to seek...
April 24, 2021
GST:
Refund of ITC or claim of duty draw back - the petitioner, for the month of July, 2017 has opted to stick with the claim of duty draw back seeing as the amount of...
April 24, 2021
I.Tax:
Validity of Settlement Commission order - In the present case, the petitioner could not able to establish that he approached the Settlement Commission with clean hands...
April 24, 2021
I.Tax:
Stay application - Since the stay application has been filed pending appeal and in light of Circulars issued by the Central Board of Direct Taxes (CBDT) directing the...
April 24, 2021
I.Tax:
Offence u/sn 276C(2) - failure to pay the income tax based on the self assessment - A mere failure to pay the amount due (tax, interest or penalty) will not satisfy the...
April 24, 2021
I.Tax:
Late fee u/s 234E - Late filing of TDS return - the provision of Section 234E of the Act is charging provision i.e. substantive provision which could not be applied...
April 24, 2021
Cus.:
Issuance of summons - matter already pending before AAR - since the matter is pending at the stage of summons, it is for the parties to take things forward in a proper...
April 24, 2021
VAT:
Suo moto revision - Eligibility for deduction of the entire sub-contractors' payments made - Both the circumstances must co-exist before the revisional authority can...
April 24, 2021
VAT:
Constitutional validity - Amendment to VAT after introduction of GST - It is pertinent to note that the power to enact Section 174 of the KGST Act can be traced to...
April 23, 2021
GST:
Classification of goods - rate of GST - fruit juice-based drinks - to be classified as “Carbonated beverage with fruit juice” as per Para 3A definition in FSSAI Act or...
April 23, 2021
GST:
Levy of GST - reimbursement of the subsidiary company to its ultimate holding company located in a foreign territory outside India - rate of GST - the Ruling pronounced...
April 23, 2021
GST:
Levy of GST - leasing of pathway to a person to her/his dwelling unit by CMRL - the grant of shared access for a consideration by the appellant is classifiable under SAC...
April 23, 2021
GST:
Classification of goods - prepared laboratory reagents/ Pharmaceutical Reference Standards - AARThe Pharmaceutical Reference Standards (Prepared Laboratory Reagents)...
April 23, 2021
GST:
Supply or not - The shipping charges collected by the applicant from the customers located in USA, UK and Canada (non-taxable territory) for the delivery of books from...
April 23, 2021
I.Tax:
Set off of refund against oustanding demand u/s 245 - non receipt of notice u/s 245 - stay of demand was granted by the ITAT - It is difficult to appreciate the stand of...
April 23, 2021
I.Tax:
Assessment u/s 153A r.w.s. 153C - Initiation of the impugned action cannot be said to be without basis. They are grounded on solid material. In fact, immediately after...
April 23, 2021
I.Tax:
Disallowance on account of commission paid to 5 persons - Contention of the assessee that since out of the 5 ladies, 2 have confirmed the transactions, therefore by...
April 23, 2021
I.Tax:
Deemed dividend u/s 2(22)(e) - Since the assessee is having substantial interest in M/s Kalanikethan Textiles and Jewels Pvt. Ltd., i.e. more than 10% shareholding, the...
April 23, 2021
I.Tax:
Assessment u/s 153C - Now supposing a search is conducted in one year and documents of other person are handed over to the Assessing Officer, of other person or to the...
April 23, 2021
I.Tax:
Reopening of the assessment u/s 147/148 - The "reason to believe" would mean cause or justification. If the Assessing Officer has cause or justification to know or...
April 23, 2021
I.Tax:
Seeking extension of stay already granted - the assessee is entitled for stay of demand even though it exceeds the period beyond the 365 days and we have already stated...
April 23, 2021
I.Tax:
Addition on protective basis u/s. 69A - The loan was received from normal banking channel as evident from the bank statement there was no cash deposited in the account...
April 23, 2021
IBC:
Release of freezed bank account of petitioner - moratorium in process - Having regard to the orders passed by the NCLT admitting the application, under Section 7, and...
April 23, 2021
IBC:
Initiation of CIRP - While initiating CIRP, one of the criteria is solvency of CD apart from debt and default in question. It is settled position of law that the...
April 23, 2021
S.Tax:
Refund of unutilized cenvat credit - nexus between the input services and the output services which is exported - no correlation is required because the intention of the...
April 22, 2021
GST:
Time of supply of goods - facility of supply of different types of Pre-Paid Instruments (PPI's) - Voucher by GST law is recognized as an instrument of consideration...
April 22, 2021
GST:
Input tax credit of GST paid - The applicant is not eligible for availment of input tax credit of GST paid on goods and services for laying of transfer pipeline and the...
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: Detention of the goods and vehicle - stock transfer - Penalty - The pe...
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: 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...
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: Unauthorised foreign exchange transactions
H
: Seeking rectification in Form GSTR-1 - limitation period - Works contr...
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: TP Adjustment - selection of MAM [Most Appropriate Method] - The High ...
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: Deemed income u/s 56(2)(x) - Defective Show cause notice - Addition of...
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: Obligation to pass a draft assessment order u/s 144C (1) - Petitioner ...
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: Rejection of application u/s 119(2)(b) for condoning the delay in fili...
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: Validity of Reopening of assessment u/s 147 - reason to believe - Repl...
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: Reassessment proceedings against company insolvent/dissolved - The cou...
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: Assessment of trust - Rate of Tax - Maximum Marginal Rate (MMR) - The ...
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: Disallowance of bonus paid to directors u/s 36(1)(ii) - assessee paid ...
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: Addition of the suppressed gross receipts as were disclosed by the ass...
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: 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...
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: Understanding the Scope of Accounting.
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: GST not payable on amount recovered from permanent employees for cante...
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: Cross Margin benefits for offsetting positions having different expiry...
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: Under section 80G(2)(b) the Central Government Notified “Shree Ramanuj...
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