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Showing 501 to 550 of 682 Records
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May 9, 2019
S.Tax:
Rejection of refund claim - the CESTAT’s view that separate show cause notice is necessary u/s 11B is in consonance with the principle of fairness. If a general show...
May 9, 2019
S.Tax:
Advertisement Services - Scope of SCN - Clearly Commissioner has travelled beyond the show cause notice. Since no demand has been made in the show cause notice under...
May 9, 2019
S.Tax:
Value based exemption - N/N. 06/05-ST - exemption to small service provider - Though the appellant have paid the service tax but first time opted for the exemption and...
May 9, 2019
S.Tax:
Demand from deceased person - The law does not provide to proceed in any case against a deceased person, therefore, the order passed by the adjudicating authority is not...
May 9, 2019
C.Ex.:
CENVAT Credit - input services - scope of the expression ‘directly and indirectly’ and ‘in or in relation to’ manufacture - all the services have been used for...
May 9, 2019
VAT:
Rate of tax - cream milk mixed - flavoured milk - The department itself has issued a circular clearly holding that the flavoured milk is covered by the entry 'milk' - no...
May 9, 2019
VAT:
Attachment of property of the wife of director - recovery of tax dues - When it is not permissible for the respondent to proceed against the Director of the company for...
May 9, 2019
Indian Laws:
Dishonor of Cheque - section 138 of NI Act - whether a Director of the Company can challenge issuance of notice at the threshold or it would be available to him/her at...
May 9, 2019
I.Tax:
Disallowance of bad debts - sales tax component included in the sundry debtors - If the assessee had made the payment of sales tax then the debtor of the assessee has to...
May 9, 2019
GST:
Validity of constitution of the National Anti-Profiteering Authority (NAPA) as well as provisions and rules related to NAPA are challenged - order imposing penalty by...
May 8, 2019
DGFT:
Import policy for Electronics and IT Goods under Schedule - I (Import Policy) of ITC (HS), 2017
May 8, 2019
GST:
Re-credit of amount in the Electronic Credit Ledger after rejection of GST refund claim - non filing of appeal against rejection order - The amount has not been...
May 8, 2019
GST:
Profiteering - the argument that that the price of the product was not increased at the time of introduction of GST when the rate of tax was increased to 28% and hence...
May 8, 2019
I.Tax:
Power to file Revised returns of income pursuant to the scheme of arrangement and amalgamation approved by the NCLT - scheme approved u/s 391 of the Companies Act gives...
May 8, 2019
I.Tax:
Writ against order of department rejecting issuance of certificate u/s 197 - who obtains a certificate u/s 197 for no deduction of tax at source or for deduction of tax...
May 8, 2019
I.Tax:
Review petition before High Court - reliance on a decision from which High court was in disagreement in other decision and overlooked the judgment in the assessee’s case...
May 8, 2019
I.Tax:
Dismissal of appeal for non-prosecution - non filing of compulsory e-filing of appeal despite notice - assessee failed to appear before the Tribunal on the date of...
May 8, 2019
I.Tax:
Reassessment u/s 148 - EPF not paid within time as per section 2(24)(x) r.w.s 36(1)(va) - duly disclosed in TAR and allowed in assessment - no new fact is brought on...
May 8, 2019
I.Tax:
Reassessment u/s 147 - reopening by the AO on the basis of vague and irrelevant information, which was indefinite and far-fetched for the formation of any belief that...
May 8, 2019
I.Tax:
Long Term Capital Gain - possessory right - transfer of ownership by co-owner(not the assessee) of his share - in registered conveyance deed, it was acknowledged by all...
May 8, 2019
I.Tax:
Income accrued in India - the sale proceeds cannot be characterized as 'Royalty' as per Article 12 of the India- Ireland DTAA, as the same is towards the use of...
May 8, 2019
I.Tax:
Disallowance of interest expenditure - loans used for construction of additional building in an already existing facility and that there is no extension of an existing...
May 8, 2019
I.Tax:
Validity of order passed u/s 143(3) r.w.s. 92CA without passing draft order of assessment - eligibility of assessee - once TPO passed order u/s 92CA, assessee is an...
May 8, 2019
I.Tax:
Addition u/s 40A(3) - cash payments in excess of the limit prescribed - each payment, on each day to each person was less than ₹ 20,000/- in cash - There were both...
May 8, 2019
I.Tax:
Non est TDS return - appeal against charging of interest u/s 234E - fee should be paid u/s 234E before the return of TDS is filed u/s. 200(3) - This provision does not...
May 8, 2019
Cus.:
Claim of refund - both the authorities have not given any valid reason for retaining the said amount - The officers of the Department are duty bound to explain as to...
May 8, 2019
Cus.:
Customs Broker License - Right of revenue to file an appeal - Whether an appeal filed by the Revenue is maintainable under Section 129A of the Customs Act against the...
May 8, 2019
Co.Law:
Public interest - compulsory amalgamation - The expression “public interest” would mean the welfare of the public or the interest of society as a whole, as contrasted...
May 8, 2019
Co.Law:
Compulsory amalgamation of companies by a Central Government order - It is the Central Government that has to be “satisfied” that its order is in public interest and...
May 8, 2019
Co.Law:
Transfer of shares - Appellants failed to convince the learned NCLT and have failed to convince us that OP1 gifted the shares and that due procedures under the Companies...
May 8, 2019
IBC:
The purpose of resolution is maximization of value of assets of the 'Corporate Debtor' and thereby for all creditors. It is not maximization of value for a 'stakeholder'...
May 8, 2019
IBC:
Operational debt - claim of interest on the basis of terms mentioned in the Invoice - Especially when the applicant has not entered into any agreement regarding payment...
May 8, 2019
S.Tax:
Refund of service tax paid wrongly - The appeal is rejected as a refund claim under Section 11B of Central Excise Act,1944 read with Section 83 of the Finance Act, 1994...
May 8, 2019
C.Ex.:
Recovery of Excise dues from erstwhile owner - the movable and immovable assets purchased by auction purchaser/petitioner - recovery cannot be made from purchaser of the...
May 8, 2019
C.Ex.:
Method of valuation - supply of medicaments to institutional buyers - Section 4 or 4A of CEA - the provisions are attracted only on goods ‘offered for retail sale’. In...
May 8, 2019
C.Ex.:
Valuation - related party transaction - directors are members of Hindu Undivided Family (HUF) - The relationship of directors has no relevance whatsoever - The statute...
May 8, 2019
VAT:
Imposition of VAT - deemed sale - unless possession and control of the vehicle is transferred there can not be transfer of right to use the goods under Section 3-F of the Act.
May 8, 2019
VAT:
Principles of natural justice - Whether an argument was rejected validly or otherwise, reasoning of the order alone can show. To evaluate the submissions is obligation...
May 8, 2019
VAT:
Auction of cars by bank - whether the disposal at an auction by the bank of cars that have been hypothecated with it and later repossessed on default of repayment of the...
May 8, 2019
VAT:
Suspension of certificate of registrations - non-payment of Entry tax / VAT - As the impugned order of suspension of registration of the petitioner under VAT act and CST...
May 8, 2019
VAT:
Attachment of property - Recovery of outstanding dues (tax liability) of the company from the Directors - There is no provision in the Act fastening the liability of the...
May 8, 2019
Indian Laws:
Quantum of punishment - NDPS - The punishment awarded by the trial court of a sentence higher than the minimum relying on the quantity of substance cannot be faulted...
May 7, 2019
GST:
Classification of vehicle - Rate of Compensation Cess under GST - The Tata Harrier vehicle whose ground clearance in unladen condition is 205 mm and in laden condition...
May 7, 2019
GST:
Concessional rate of GST - supply of works contract service in respect of Original Works pertaining to construction of a Low Cost House in an AHP - Notification 01/...
May 7, 2019
Cus.:
Ban on operation as ‘authorized courier’ - Eternity is accepted only in matters of faith. No statute can, or should, arrogate such and we do not find such in the Courier...
May 7, 2019
Cus.:
Extended period of limitation - import of goods - The entire case of the revenue is based on the few statements recorded by the Custom officers. - Since all the facts...
May 7, 2019
Co.Law:
Non-payment of dividend to the shareholder is an offence, which invites penal action. However, non-payment of dividend to the shareholder will not be called an offence...
May 7, 2019
FEMA:
Violation of Section 10(6) of FEMA - advance remittance is permissible in law against imports - One is failed to understand why a person would make alleged hawala...
May 7, 2019
PMLA:
Retention of property / document under PMLA - outer limit upto the date for deciding the application for retention of property is 180 days from the date of seizure of...
May 7, 2019
S.Tax:
Classification of services - Reverse charge mechanism (RCM) - there is no evidence in support of the claim of the Appellant that what they were required to pay M/s Lear...
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What's New:
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F
: Sec 16(4) Reversal of ITC when 3B is filed belatedly
F
: 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...
A
: A Comprehensive Guide to Inter-State and Intra-State Supply
A
: Intermediary Services Nexus with Export of Services
A
: Assessment Order not valid when Petitioner could not file reply due to...
C
: Instruction on review of requirement of G-Card holders at a Customs St...
F
: Late claim of ITC -16(4)
F
: Penalty under Section 73(1) of CGST Act, 2017
F
: 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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