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Levy of GST - Royalty- seigniorage fee paid by the...
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Highlights / Annotations / Catch Notes For April of 2023
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Showing 101 to 150 of 481 Records
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April 25, 2023
S.Tax:
Levy of Service tax - GTA service or not - hiring tankers on monthly basis - no consignment notes issued - the transporter is taking the entire responsibility of the...
April 25, 2023
Indian Laws:
Validity of WILL - The defence set up by the respondent was that the Will was brought about by undue influence and coercion. In such cases, on the propounder discharging...
April 24, 2023
S.Tax:
Maintainability of fresh proceedings - demand of service tax post GST era - the petitioner has an obligation to correctly pay the service tax under Chapter-V of the...
April 24, 2023
GST:
Classification of goods - rate of GST - wooden ice cream sticks and wooden ice cream spoons - The impugned products being the wooden spoon and wooden stick qualify to be...
April 24, 2023
GST:
Valuation - inclusion of value of material supplied Free of Cost (FOC) by the buyer - Combine readings of provisions of section 15 - from such type of adjustments...
April 24, 2023
GST:
Classification of supply - supply of goods or supply of services or both - manufacture and supply Precast Manholes and Rises to various government and non government...
April 24, 2023
GST:
Supply or not - transfer of business - going concern or not - Business may be covered under the umbrella of the definition of Service, in accordance to Section 2(102)...
April 24, 2023
I.Tax:
Reopening of assessment u/s 147 - Maintainability / entertainability of writ petition - The exceptions carved out are absent. Contentions raised by the first respondent...
April 24, 2023
I.Tax:
Reopening of assessment u/s 147 - An inadvertent error committed by the Petitioner in reflecting that the return of income had been filed under the category ‘u/s...
April 24, 2023
I.Tax:
Revised return of income in terms of the scheme of amalgamation approved by the NCLT -Period of limitation - It is because of circumstances beyond the control of the...
April 24, 2023
I.Tax:
Revision u/s 263 - assessee has made purchases in cash - when the learned assessing officer was not required to enquire on those issues such as purchases in cash more...
April 24, 2023
I.Tax:
Approval u/s 80G - CIT(Exemption) has given finding regarding two sets of accounts related to donation being maintained by the assessee. In the absence of any rebuttal...
April 24, 2023
I.Tax:
Penalty u/s 271(1)(c) - Necessity of recording satisfaction - AO Statement that the assessee has consciously made the concealment by furnishing inaccurate particulars of...
April 24, 2023
I.Tax:
Accrual of interest income in the hands of dissolved partnership firm - section 189 keeps the firm alive for the purposes of assessment despite its dissolution. It...
April 24, 2023
I.Tax:
TDS u/s 195 - Once the payment does not fall either under Article 12 or Article 14, in absence of any other provision in the treaty specifically dealing with such...
April 24, 2023
I.Tax:
Unexplained money u/s. 69A - “deemed income” - since the amount was not recorded in the books, it did not form the part of the Revenue Receipts of the Assessee. The...
April 24, 2023
I.Tax:
Deduction u/s 80-IA(4) denied - delay of one minute in filing of the return was due to technical snags in the website of department, and therefore return could not be...
April 24, 2023
I.Tax:
Claim of foreign tax credit (FTC) u/s 90 - Rule 128 of the Rules cannot override the provisions of DTAA and impose an additional condition that credit will not be given...
April 24, 2023
Cus.:
Recovery of duty drawback - non receipt of foreign exchange - the statement of facts, as stated in the Revision Application filed by the petitioner, does not set out the...
April 24, 2023
Cus.:
100% EOU - diversion of imported/indigenous goods procured duty free - The learned adjudicating authority has not examined the fact whether the respondent have achieved...
April 24, 2023
Cus.:
Refund of Customs duties paid at the time of assessment - goods short shipped - Since the goods under question were not exported, there is no relevance in bringing into...
April 24, 2023
Cus.:
Revocation of Customs Broker License - levy of penalty - allowing others to use its credentials - the appellant enclosed some irrelevant emails at Annexure A18 as the...
April 24, 2023
IBC:
Liquidation proceedings - settlement dues of Corporate Debtor - the Appellant having successfully met the dues of three statutory creditors, there is no reason to deny...
April 24, 2023
S.Tax:
CENVAT Credit - business support services - taxable service provided or not - invoices were issued without specifying the actual nature of services provided by the...
April 24, 2023
S.Tax:
Levy of Service Tax - Joint venture - expenditure incurred by the appellant, in respect of its employees and assets which were deployed for undertaking joint operations...
April 24, 2023
S.Tax:
Levy of service tax with interest and penalty - liquidated damages - While the above Orders have been passed by the Tribunal in 2022, subsequently, CBIC has issued...
April 24, 2023
VAT:
Legislative competence - power to amend repealed Gujarat VAT act with retrospective effect - denial of interest on delayed refund - Impermissible Judicial Overiride -...
April 24, 2023
VAT:
Input Tax Credit (denied retrospectively) - denial on account of cancellation of the VAT registration of the dealers (who have effected sale of the goods to these...
April 24, 2023
Indian Laws:
Initiation of recovery proceedings - ESI dues - By virtue of Section 19 (2) of SICA, the consent can be inferred. Therefore, it is not open to the ESI Corporation to...
April 22, 2023
GST:
Requirement for registration levy of service tax - renting of commercial building - Location of GPA holder - Place of supply - the GPA holder is the supplier of service...
April 22, 2023
GST:
Classification of goods - rate of GST - HSN Code - Phosphate solubilizing Fungal Bio fertilizers - the product “Bio-Phosphate” merits classification under HSN code 3103...
April 22, 2023
I.Tax:
Offence u/s 276 B r/w 278 B - failure to deposit TDS amount with the Government - Proceedings against the company and Persons aged above 70 years - Scope of the CBDT...
April 22, 2023
I.Tax:
Evasion of tax in the guise of Amalgamation - Admittedly the amalgamation though reality was devised to create a smoke screen in the eyes of the Income Tax Department to...
April 22, 2023
I.Tax:
Revision u/s 263 - Transfer of land by wife to her husband - Nature of transaction - Sale or Gift - It is the case of the assessee that sale deed is nothing but gift...
April 22, 2023
I.Tax:
Denial of exemption u/s 10(26BBB) - both the provisions i.e. sec. 12AA and sec. 10(26BBB) of the Act are independent and separate provisions having been incorporated in...
April 22, 2023
I.Tax:
Revision u/s 263 - nature of land sold - Even if the alternate contention of the assessee were to be accepted, then also, we observe that in the instant facts the AO has...
April 22, 2023
I.Tax:
TP Adjustment - secondment of employees by Assessee to its AE - the benchmarking done by the TPO by applying the same rate of thirty party placement agency is not...
April 22, 2023
I.Tax:
Disallowance u/s.40(b) - remuneration paid to partners - requirement of discloser in Clause 21(c) of Form 3CD - Although the details referred to in Clause 21(c) does...
April 22, 2023
I.Tax:
Penalty u/s 271(1)(c) OR u/s 271AAA - addition made on account of unexplained profit for Land trading pursuant to search proceedings - Penalty has been levied under the...
April 22, 2023
Direct Taxes:
Benami Transactions - family arrangement - exception in Section 4(3)(a) of the Benami Act - The bar of Benami under Benami Act requires examination of factual aspects...
April 22, 2023
Cus.:
Levy of penalty - Valuation - guar gum was of food grade or not - The impugned order is correct in rejecting the transaction value and re-determining the value based on...
April 22, 2023
IBC:
Writ petition - Seeking Pre-Packaged Insolvency Resolution Process under the IBC instead of proceeding under the SARFAESI Act - It appears that this writ petition is...
April 22, 2023
IBC:
Condonation of delay - Time Limitations for filing appeal - proviso to Section 61(2) allows the filing of the appeal even after expiry of 30 days if the...
April 22, 2023
S.Tax:
Adjudication of Show Cause Notice - time limitation - expiry of reasonable period of five years from the date of show cause notices - the order set aside - petition allowed - HC
April 22, 2023
C.Ex.:
Scope of the order pursuant to remand back of the matter - Refund of Excess Duty paid - The Ld. Commissioner (Appeals) has travelled beyond the remand order passed by...
April 22, 2023
C.Ex.:
Protective demand - Remission of duty under Rule 21 of the Central Excise Rules - Any decision on the protective demand Show Cause Notice dated 06.11.2012 issued to the...
April 22, 2023
VAT:
Deemed Sale - crane services given by the assessee to the Govt./Private institution - Transfer of right to use goods - The control and possession of the crane, as...
April 22, 2023
Indian Laws:
Violation of principles of natural justice - penalty - debarring from further tenders - The authority concerned has proceeded to impose the maximum of penalty to the...
April 21, 2023
GST:
Refund claim on account of Input Tax Credit accumulated due to Inverted Tax Structure - petitioner failed to submit the books and, as such, the amount of refund to be...
April 21, 2023
GST:
Levy of penalty under sub-section (3) of Section 129 of GST Act - In the invoice accompanying the goods, the tax paid was shown to be under CGST & SGST, whereas it...
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: Sec 16(4) Reversal of ITC when 3B is filed belatedly
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: Addition of unaccounted supplies in the Returns
F
: ITC of FY 2017-18 blocked
F
: Export Services without LUT
F
: QUANTUM OF PENALTY UNDER THE IGST ACT
A
: DISTINCTION BETWEEN DEATH OF PLAINTIFF AND DEFENDANT DURING PENDENCY O...
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: A Comprehensive Guide to Inter-State and Intra-State Supply
A
: Intermediary Services Nexus with Export of Services
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: Assessment Order not valid when Petitioner could not file reply due to...
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: Instruction on review of requirement of G-Card holders at a Customs St...
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: Late claim of ITC -16(4)
F
: Penalty under Section 73(1) of CGST Act, 2017
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: ONLINE SOFTWARE IMPORT DUTY CALCULATION REG
A
: Supreme Court orders about alleged bogus capital gains on alleged penn...
C
: Verification of authenticity and genuineness of Certificate of Origin ...
H
: Levy of interest and penalty - transition of amount wrongly claimed as...
C
: Acceptance of Electronic Certificate of Origin (e-CoO) issued by the i...
H
: Levy of penalty @200% - e-way bill which was generated by the appellan...
H
: Eligibility for Input Tax Credit - Failure to report outward supply - ...
H
: Seeking cancellation of the GST registration - The case involved a pet...
H
: Reference to Departmental valuation officer [DVO] without first reject...
H
: Validity of reopening of assessment - Validity of grant the approval b...
H
: Validity of reopening of assessment - Petitioner received another noti...
H
: Penalty levied u/s 271(1)(c) - Transfer pricing adjustment - assessee ...
H
: Disallowance of commission paid to foreign agents - The Tribunal uphel...
H
: Penalty u/s. 271(1)(c) - Referring to a precedent set by the Hon’ble S...
H
: Deduction u/s 80IA(4) - Disallowance of project facility expenses - Re...
H
: LTCG - deduction u/s 54 denied - Despite the assessees claim of having...
H
: Validity of assessment framed u/s 143(3) by Non- jurisdictional ITO - ...
H
: Addition u/s 69A - cash loans given by the assessee as unexplained - d...
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Black Money .... Act, 2015
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