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Highlights / Annotations / Catch Notes For June of 2019
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Showing 501 to 550 of 697 Records
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June 10, 2019
I.Tax:
Notice & assessment u/s 153C - High Court would not like to carry out thread bare inquiry by going into the factual aspects of sufficiency of material in order to...
June 10, 2019
I.Tax:
Accrual of income - since parent Company was in severe financial crisis, the assessee could not receive any payment for a long time and even after delay of nearly four...
June 10, 2019
I.Tax:
Penalty u/s 271D - cash loans from farmer friends - assessee relied on mere oral assertions of urgent requirement of funds without producing any material to establish...
June 10, 2019
I.Tax:
TPA - ALP of payment of royalty u/s 92CA(3) - TPO instead of applying of the specified scientific methods went on to the justification of the purchase made in the...
June 10, 2019
I.Tax:
Stay of demand - already recovered 38% of demand - appeals are pending since over 2 years - Departmental circulars also envisage stay pending appeal before the CIT(A),...
June 10, 2019
I.Tax:
Reopening of assessment u/s 147 - non taking of certain objections in response to the notice - If there is legal contention which goes to the root of the matter and...
June 10, 2019
I.Tax:
Reassessment u/s 147 - deduction u/s 80IB(10) - validity of reasons - petitioner had produced full accounts inter-alia shown separately sum from sale of car parking also...
June 10, 2019
I.Tax:
Disallowance u/s 14A - disallowance u/r 8D was made of ₹ 2.19 Crores against total expenditure of ₹ 24.19 Lakhs - voluntarily disallowance by assessee of...
June 10, 2019
I.Tax:
Classification of income - share trading - The majority of the investments has been funded out of own capital and earned substantial dividend income, further the average...
June 10, 2019
I.Tax:
Revision u/s 263 - interpretation of ‘a residential house’ u/s 54 - AO with due application of mind, after making requisite inquiries, accepted assessee’s claim u/s 54...
June 10, 2019
I.Tax:
Disallowance of software expenses - revenue or capital expenditure - payment was made for maintenance/hosting services not resulted in any enduring benefit and there was...
June 10, 2019
I.Tax:
Depreciation on electrical fitting - plant and machinery v/s furniture and fixtures - It is necessary to have electrical fittings for the power supply to the machineries...
June 10, 2019
I.Tax:
Condonation of delay of 303 days - illness of the CA - The assessee has stated that his CA was sick and hence, there was delay in filing the appeals before the CIT(A)...
June 10, 2019
I.Tax:
Penalty u/s 271(1)(c) - escapement of income come to notice in different year assessment proceedings - the assessee has duly submitted the revised return before the...
June 10, 2019
I.Tax:
Rectification u/s 254 - an order u/s. 254(2) only permits rectification of mistake apparent from record - by submitting elaborate arguments in the realm of review of the...
June 10, 2019
IBC:
The approval of a Resolution Plan by the CoC is to be accepted in toto by the Adjudicating authority if a 66% voting share approves the said plan - The Resolution Plan...
June 10, 2019
C.Ex.:
Suo moto credit of Excise duty paid twice or Refund claim - Since the issue involved in this case pertains to double payment of duty on transformer oil, the only...
June 8, 2019
I.Tax:
Power of Settlement Commission - Section 4(3) Black Money Act - the order dated 30.1.2019 of shall not be construed as conferring jurisdiction under the Black Money Act...
June 8, 2019
I.Tax:
Writ against assessment order - non consideration of belated defective and revised return - it is sine-qua-non for the AO to consider the claims of deduction/exemption...
June 8, 2019
I.Tax:
Validity of assessment proceedings - admittedly notice u/s 143(2) was being issued on 08.08.2006 for AY 2005-06, which was far beyond the limitation prescribed under the...
June 8, 2019
I.Tax:
Mandation of E-filling of appeal to CIT(A) - the statutory right of appeal granted to the petitioner, a substantive right, should not be whittling down by virtue of a...
June 8, 2019
I.Tax:
Addition u/s 68 - entry in the books of purchaser regarding cash payment - there is nothing on record which corroborates the fact that any such unaccounted money flowed...
June 8, 2019
I.Tax:
Penalty u/s 271D - default u/s 269SS - assessee has taken loan from his father and paternal aunt, who are family members and such transactions would not attract penalty u/s 271D
June 8, 2019
I.Tax:
Addition of bogus purchases - The CIT (A) came to the conclusion that it is a case of purchases from gray market and thereafter, bills have been procured from hawala...
June 8, 2019
I.Tax:
Maintainability of appeal - amended Para 10 of CBDT Circular the monetary limit for filing appeals would not apply where addition is based on information received from...
June 8, 2019
I.Tax:
Validity of assessment - the assessment order passed in the name of non-existent entity is invalid and subsequent proceedings arising there from are vitiated
June 8, 2019
I.Tax:
Addition being alleged excess value of stock calculated in survey - addition was based on statement of Director which was later on retracted - assessee company with the...
June 8, 2019
Cus.:
Waiver of Penalty - Section 149 permits reassessment only in the circumstances and on the strength of “documentary evidence which was in existence at the time goods were...
June 8, 2019
IBC:
Constitution of Committee of Creditors (COC) - 66% needed for CIRP - as per Section 21(2) of IBC, 2016, COC shall comprise of all financial creditors and must be...
June 8, 2019
S.Tax:
Interest on refunds of service tax - The appellant's claim is entirely justified having regard to the statutory regime of Section 11 BB of the Central Excise Act, 1944 r....
June 8, 2019
S.Tax:
Non-payment of service tax - the value of taxable services cannot be arrived at merely on the basis of the TDS statements even if the payments are not made by the...
June 8, 2019
S.Tax:
Classification of services - laying of pipes for gas - services fall under Works Contract or otherwise was raised first time before this Tribunal - various factual...
June 8, 2019
C.Ex.:
Maintainability of Settlement Commission application - the adjudication order passed by the Addl. Commissioner in pursuant to the SCN was withheld - Full and true...
June 8, 2019
C.Ex.:
CENVAT Credit - GTA service used for outward transportation of goods - sale being on FOR basis, the place of removal shifts to the buyer’s premises - credit not allowable
June 8, 2019
C.Ex.:
Clandestine removal - duty & penalty - shortages found during the physical stock carried out by the preventive Officers of the Department - shortage admitted and duty...
June 8, 2019
Co.Law:
Oppression and Mismanagement - ex-parte order - petition u/s 130 of the Companies Act for recasting and re-opening the accounts accepted - submission that S. 230 is...
June 7, 2019
I.Tax:
Reassessment u/s 147 - The full and true disclosure of the assessee is not in doubt - The ‘recording of reasons’ is mechanical and robotic and the mandate u/s 147 has...
June 7, 2019
I.Tax:
Provisional attachment u/s 281B - The question of facts cannot be examined under the writ jurisdiction - directed to file appeal and same shall be considered by the...
June 7, 2019
I.Tax:
Addition u/s 68 - LTCG by entering into off market transaction of shares - the transaction which has been concluded within four corners of Law cannot be treated as...
June 7, 2019
I.Tax:
Power of CIT(A) - direction to reopen A.Y. 2010-11- CIT(A) has the powers to decide the appeal against the assessee of a particular assessment which he/she may...
June 7, 2019
I.Tax:
Addition of non-genuine agricultural income - AO not disputed holdings of agricultural land - regular maintenance of books of accounts and documentary evidences for each...
June 7, 2019
I.Tax:
Assessment u/s 153A - no incriminating material unearthed during search - It is the settled law that for assessment years which are unabated assessments no...
June 7, 2019
I.Tax:
Unexplained investment in jewellery and silver articles - looking at the status of the family and the jewellery found during the search, it was held to be reasonable -...
June 7, 2019
I.Tax:
Exemption u/s. 54F - LTCG on sale of jewellery - assessee has invested the full consideration of sale of jewellery in the purchase of the plot of land - The AO is...
June 7, 2019
I.Tax:
Deduction u/s. 24 - allowability of certain fixed expenditure to maintain its existence and run business operations - There is no complete cessession of business of the...
June 7, 2019
I.Tax:
LTCG - capital assets OR agricultural land - at the time of sale the assessee’s land was more than 8 KMs away from the local limits of Municipal Council - assessee’s...
June 7, 2019
I.Tax:
Taxability of share premium - company in which public are substantially interested - AO taxed u/s 56(1) - assessee has received share premium and AO has mandate to...
June 7, 2019
Cus.:
Valuation of imported goods - two set of invoice - no justifiable reasons to show issuance of two separate invoices and has not established that commercial invoice was...
June 7, 2019
Cus.:
Refund of Customs duty paid - no additional duty of customs was payable due to unconditional exemption notification but assessee forget to claim in bills of entry -...
June 7, 2019
Cus.:
Interest on pre-deposit - payment of duty after reversal of duty debited in DEPB scrips is pre-deposit OR duty payment - there cannot be any duty at all when the issue...
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Quick Updates:
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H
: Classification of the imported goods - ‘Activity trackers’ - rate of d...
H
: Imports Of Marble slabs - Mis-declaration of quantity in the declared ...
H
: Valuation - Export of Carpets and threading bars - Mis-declaration of ...
F
: GST PENALTY SECTION 122
F
: ITC of FY 2017-18 blocked
F
: INQUIRY BY THE APPELLATE AUTHORITY
H
: Denial of FTA benefit - Import of Alkalised Cocoa Powder from Malaysia...
H
: Cancellation of MEIS scrips - Re- classification of the goods - Export...
H
: Revocation of the Customs Broker License - forfeiture of security depo...
A
: Proper officer shall pass an order within seven days of service of not...
H
: Professional misconduct by CA - Liability of the Engagement partner wi...
H
: Impleadment of the appellant bank as Proposed 2nd Respondent, in main ...
H
: Rejection of refund claim - GTA Service - time limitation - The tribun...
H
: Levy of service tax - Auction of abandoned imported goods by the CONCO...
H
: Classification of goods - Sulphuric Acid, used in the manufacture of A...
H
: Re-quantification of interest (on the refund of the pre-deposit) payme...
H
: Principles of Res-judicata - suo-moto re-credit taken instead of filin...
H
: NDPS - Power to seize and arrest of a person in a public place - Smugg...
H
: Applicable rate of tax (GST) - Classification of goods - mango pulp su...
A
: Collection of Entry Fee from visitors for Temple Hall Exempt under GST
A
: State-wise Professional Tax Payment Deadlines in India: A Comprehensiv...
A
: Low tax effect in pending appeals- The administrative role to withdraw...
C
: Clarification on the applicability of 3% amount on account of non-achi...
C
: Suspension of inoperative SIONs
N
: Amendment in the Export policy of Onions
N
: Seeks to amend specified customs tariff notifications to exempt applic...
A
: How to become a crorepati via SIP
C
: Master Direction – Risk Management and Inter-Bank Dealings: Amendments
A
: Roving Judgements!
A
: Assessee would be considered as electronic commerce operator when digi...
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