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Highlights / Annotations / Catch Notes For June of 2018
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Showing 41 to 90 of 514 Records
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June 28, 2018
Indian Laws:
Dishonor of cheque - insufficiency of funds - suppressed the fact that he has received the letter from the accused even before presenting the cheques. A person who is...
June 28, 2018
Indian Laws:
Dishonor of cheque - Jurisdiction of the courts - under the amended provision of Negotiable Instruments Act, the complaint u/s 138 of Negotiable Instruments Act can be...
June 28, 2018
Indian Laws:
Dishonor of Cheque - insufficiency of funds - A director, who was not in charge of and was not responsible for the conduct of the business of the Company at the relevant...
June 28, 2018
S.Tax:
Service or sale - sale of packed food to the airlines - Since the appellant was simply supplying the food and was not serving the same to the passengers on board, it was...
June 28, 2018
S.Tax:
When the return has to be filed by the appellant, it is expected that they reflect the correct figures in the returns and not by doing so, they have suppressed the value...
June 28, 2018
S.Tax:
Adjustment of excess service tax paid against the subsequent service tax due - Though the provisions of Rule 6(4A) and 6(4B) are inserted subsequently but they are...
June 28, 2018
C.Ex.:
Refund claim - amount of pre-deposit debited from cenvat credit - For a settled issue pursuant to Order-in-Appeal which is not further challenged in appeal before Higher...
June 28, 2018
C.Ex.:
Refund in cash - In view of Section 142(6)(a) of Central Goods & Service Tax Act, any amount of credit found to be admissible to the claimant shall be refunded to him in cash.
June 28, 2018
C.Ex.:
Manufacture - classification - Captive consumption - the preparation of impugned goods is in one stage process under controlled temperature and pH and addition of...
June 28, 2018
VAT:
Levy of Surcharges for promoting indigenous and local business. - In the absence of such an objective in the Budget Speech, the stand taken by the State cannot be...
June 27, 2018
C.Ex.:
‘Place of Removal’ under Section 4 of the Central Excise Act, 1944, the CENVAT Credit Rules, 2004 and the CENVAT Credit Rules, 2017 - Clarification issued by the CBIC -...
June 27, 2018
I.Tax:
TPA - comparable selection - ALP - substantial question of law or facts - mere dissatisfaction with the findings of facts arrived at by the learned Tribunal is not at...
June 27, 2018
I.Tax:
Reopening of assessment - change of opinion - if the stand of the Revenue is to be accepted, the sanctity/finding attached to the proceedings u/s 143(3) would be done...
June 27, 2018
I.Tax:
TDS u/s 195 - tds laibility on commission charges to overseas agents - it is apparent that fees for technical services does not contemplate commission which is order...
June 27, 2018
I.Tax:
Default in issue of notice - Notice deemed to be valid in certain circumstances. 292BB - what is contemplated under Section 149 is “issuance of notice” under Section 148...
June 27, 2018
I.Tax:
Penalty proceedings u/s.271(1)(c) - This judgment of Hon'ble Supreme Court had come after the closure of the financial year 31st March, 2009. Thus, at the time of filing...
June 27, 2018
I.Tax:
Addition u/s 68 - non independent application of mind - accommodation entries - share application money - Mere non production of Director of said share holder company...
June 27, 2018
I.Tax:
Benefit of Section 11 & 12 - the assumption of the AO that the expenditure incurred through credit card was personal, is not correct.
June 27, 2018
I.Tax:
Addition of unverifiable purchase - The onus is on the assessee to explain when & how the cash has been paid for purchase from gray market and it is for the assessee to...
June 27, 2018
I.Tax:
Exemption u/s 11 - microfinance activity - By collecting interest at such a higher rate the assessee has deviated from its objective of doing charity - the action of the...
June 27, 2018
I.Tax:
TDS u/s 194C - liability to deduct tax at source on the payments made to developers/contractors - the payments for the purchase of the sites was calculated on sq. ft....
June 27, 2018
Cus.:
Interest on delayed refund - Refund of SAD - It does not matter whether the refund is sanctioned by the Assistant Commissioner himself or on an appeal by the...
June 27, 2018
S.Tax:
Commercial training or coaching service - Service tax liability - Despite the inclusion of ‘commercial’ in the description of the taxable service, the absence of a...
June 27, 2018
S.Tax:
CENVAT credit - non-registered dealers - the appellant has violated CENVAT Credit Rules, 2004 by availing credit on the basis of an ineligible documents and the same is...
June 27, 2018
S.Tax:
CENVAT credit - duty paying invoices - the appellant is entitled to avail Cenvat credit on the invoices initially issued in the name of Head Office which were rectified...
June 27, 2018
C.Ex.:
Clandestine removal - Even if there were some finished goods in excess in the factory there is no presumption of clandestine removal and thus the provisions of Rule 25...
June 26, 2018
I.Tax:
Addition to income - Whether any addition to income can be made on the basis of balance-sheet and profit and loss accounts certified to have been prepared on estimate...
June 26, 2018
I.Tax:
Challenge the order passed by the Assessing Officer u/s 201(1) and 201(1A) r/w 254 after receipt of recovery notice u/s 156 - the petitioner is not remedy less as...
June 26, 2018
I.Tax:
Addition made u/s 68 - onus to discharge the burden so cast upon assessee - The legislature did not introduce the proviso to section 68 of the Act with retrospective...
June 26, 2018
I.Tax:
Penalty u/s. 271(1)(b) - validity of notice - non recording of satisfaction - a proposal to initiate penalty proceedings is not equivalent to recording a satisfaction...
June 26, 2018
I.Tax:
Disallowance of foreign exchange fluctuation loss - mark to market loss - There is hardly any quarrel on such DRP’s directions are binding on an Assessing Officer u/s...
June 26, 2018
I.Tax:
Withholding of tax u/s 195 - fee for technical services (FTS) - the protocol itself makes it clear that the said ‘MFN’ clause “shall apply” in India-Sweden DTAA. -...
June 26, 2018
I.Tax:
Income earned by the assessee out of investments in securities using specialized professional services of PMS – Kotak Securities Ltd., such income becomes taxable under...
June 26, 2018
I.Tax:
Disallowance u/s.40A(3) - cash payment against purchase of old gold ornaments under auction - As per the assessee, identity of the person to whom he had made the...
June 26, 2018
I.Tax:
Addition u/s. 68 - cash credit - assessee's onus to prove genuineness of the transaction - share capital and share premium - the source of source of source is proved by...
June 26, 2018
IBC:
Corporate Insolvency Resolution Process - existence of default - dispute concerning the Principal amounts shown in application as are different from amount given in...
June 26, 2018
S.Tax:
Penalty u/s 78 - absence of mens rea or not? - Had the appellant acted under bonafide belief, then they ought to have cooperated in the investigation. But it has come on...
June 26, 2018
S.Tax:
Business Support Service - sharing of infrastructure with doctors - There is no legal justification to tax the share of clinical establishment on the ground that they...
June 26, 2018
S.Tax:
Rule 6 (7B) of the Service Tax Rules, 1994 - consolidated invoice issued covering all the transactions in a particular month - Whether law permits different service tax...
June 26, 2018
C.Ex.:
Benefit of exemption - The weighing machines and conveyors being integral part of Bio Gas Combustion Co-Generation Power Project as certified by the Managing Director of...
June 26, 2018
VAT:
Revision of returns - KVAT Act, 2003 - At the risk of repetition, it has to be stated that there is no prohibition in attempting a revision of return after the time...
June 25, 2018
I.Tax:
Disallowance 14A read with Rule 8D - The assessing authority also could not have called upon the Assessee himself to undertake the exercise of computing the disallowance...
June 25, 2018
I.Tax:
Claim of deduction / loss relating to the 'project expenses' in the computation of taxable total income - AO fell in error in going by the fact that the expenditure was...
June 25, 2018
I.Tax:
Deemed dividend u/s 2(22)(e) - nature of receipt of sum from a company in which assessee is having 25.24% holding - assessee’s case that the same formed part of...
June 25, 2018
I.Tax:
Penalty u/s 272 A(2)(k) - delay in filing e-TDS return - the change /lack of staff with the assessee-organization does not constitute to be a reasonable cause to file...
June 25, 2018
I.Tax:
Unexplained cash deposits in Bank account - The explanation given by assessee cannot be simply rejected when he states that he encashed the traveler cheques and...
June 25, 2018
I.Tax:
Exemption u/s 11 - The interest earned on fixed deposit with banks complying with the provisions of Section 11 (5) is exempt and the proviso to Section 2( 15) has no application
June 25, 2018
I.Tax:
Applicability of Section 44BB - the supplying of vessels for the said purposes is inextricably connected with the prospecting, production of mineral oil - any activity...
June 25, 2018
I.Tax:
Assessment u/s 158BC / 158BD - No satisfaction note has been recorded on the date of issue of notice under section 158BD - The satisfaction note supplied to the assessee...
June 25, 2018
Cus.:
100% EOU - diversion of duty free goods - When the recovery of duty itself is questionable, confiscation and imposition of penalty will not survive.
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A
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H
: Detention of goods alongwith penalty - Expired e-way Bill - The High C...
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: Export of food commodities through National Cooperative Exports Limite...
H
: Reversal of ITC - The High Court found that certain findings recorded ...
H
: Exemption from Tax - Classification of goods sold - emery cloth - uncl...
H
: Levy of GST on un-denatured Extra Neutral Alcohol supplied by the peti...
H
: Imposition of GST under the reverse charge mechanism on the mining lea...
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: Seeks to further amend List 34A and List 34B in the Appendix to the Ta...
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: Rejection of refund on the ground of delay - time limitation - The Hig...
H
: Addition u/s 68 - ITAT confirmed the additions - The High Court upheld...
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: Validity of Reassessment proceedings - reason to believe escapement of...
H
: Faceless Assessment - Non affording a reasonable opportunity to be hea...
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: Validity of order passed u/s 147 r.w.s.144B - availability of alternat...
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H
: Penalty u/s 271(1)(b) - Non-compliance with a notice issued u/s 142(1)...
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: ITC of FY 2017-18 blocked
H
: Income taxable in India or not - Business of supplying reservoir simul...
H
: TP Adjustment - MAM - Management consultancy services - The tribunal n...
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: GST APPEALS: WHAT ONE SHOULD KNOW
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: GST PENALTY SECTION 122
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: Entities allowed to use e-KYC Aadhaar Authentication services of UIDAI...
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