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Highlights / Annotations / Catch Notes For June of 2019
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June
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Showing 651 to 697 of 697 Records
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June 3, 2019
I.Tax:
Seizure of cash in election by ECI - IT Dept. has completely failed to appreciate that neither the seizure was u/s 132 nor the pre-requisite to an exercise of search and...
June 3, 2019
I.Tax:
Seizure of cash in election - seizure itself was without sanction of law which is apparent from the fact that no F.I.R. or complaint was instituted - The illegality is...
June 3, 2019
I.Tax:
Penalty u/s 271B - violation of section 44AB - TAR obtain within time but filed with belated return - amended Rule 12(2) w.e.f 01.04.2013 - when the amended rule was not...
June 3, 2019
I.Tax:
Revision u/s 263 - notice issued on several points - assessee could not rebut the findings of the Ld. PCIT in respect of points ‘b’ and ‘c’ which proves that the order...
June 3, 2019
I.Tax:
Reassessment u/s 147 - in statement name of the assessee also found mentioned in the list of beneficiaries of bogus accommodation entries - information received by the...
June 3, 2019
I.Tax:
Penalty u/s 271(1)(c) - Since the assessee had furnished full particulars about the expenditure incurred including non–deduction of TDS in the tax audit report itself,...
June 3, 2019
I.Tax:
Addition u/s 69 - unexplained investment found in the form of loan given to a party which was not recorded in the books of account of the assessee and the explanation...
June 3, 2019
I.Tax:
Loss from derivative transactions in Commodity Futures and Options - speculative loss OR not - CBDT, on 22nd May 2009, recognizing MCX as recognized Stock Exchange for...
June 3, 2019
Cus.:
Retention of passports without order - petitioners were carrying foreign currency unauthorizedly about $ 10,000 - only liable to pay penalty - directed to Customs...
June 3, 2019
Cus.:
Refund of excess customs duty - finding of the Commissioner(A) that the goods have not been cleared under protest and hence the refund application is not maintainable is...
June 3, 2019
Cus.:
Revocation of CHA License - imposition of penalty - no finding of the IO against the involvement of the appellant in the offence committed by the exporter regarding the...
June 3, 2019
Cus.:
Penalty u/s 112 of the Customs Act, 1962 - violation of the conditions of the Advance Authorisation Licence - appellant, being an employee, only accepted directorship of...
June 3, 2019
Co.Law:
Approval of the scheme of compromise/arrangement - promoter directors or some of the shareholders can move application u/s 391 of the old Act when the company is in...
June 3, 2019
IBC:
Service of demand notice u/s 8 of the Code - service at corporate office - respondent had never raised the objection to the receiving or replying to the notice and at...
June 3, 2019
IBC:
Liquidation of Corporate Debtor u/s 33(1)(a) of the I&B Code - no Resolution Plan has been received by this Authority under sub-section (6) of Section 30 of the I&B...
June 3, 2019
S.Tax:
Utilization of CENVAT Credit - appellant, who received services from overseas service providers and discharged service tax under reverse charge mechanism, is eligible to...
June 3, 2019
S.Tax:
Imposition of penalty - input credit of 5% retention amount - appellant had sufficient balance in cenvat account therefore it cannot be said that they had utilised the...
June 3, 2019
S.Tax:
Levy of Service Tax - hospital services to doctors - providing consulting rooms required by the panel/non-panel doctors for treating their (doctor’s) patients in the OPD....
June 3, 2019
S.Tax:
CENVAT credit - input services - rent-a-cab service which admittedly was hired by the Appellant to provide car service to their guests - credit allowed.
June 3, 2019
C.Ex.:
Classification of goods - Covered yarn - The classification requires to be arrived in terms of section notes and chapter notes and the references to the respective...
June 3, 2019
C.Ex.:
CENVAT Credit - input services in the nature of the employee benefit - life insurance of employees - the need for exclusion would arise only when the services are...
June 3, 2019
VAT:
Writ against assessment order - Section 52 of the KVAT Act, provides for an appeal before the FAA and the petitioner can very well raise all such objections including...
June 1, 2019
GST:
Grant/non grant of pre-arrest Bail - offence and non compliance of GST provisions - HC directed to keep SC order before granting pre-arrest bail.
June 1, 2019
GST:
Offences punishable under Penal Code OR UPGST Act - mensrea - Section 135 of the U.P.Act provide that in any prosecution for an offence, which requires a cuplable mental...
June 1, 2019
GST:
Offences punishable under two or more enactments - Penal Code/CGST Act/ UPGST Act(UP Act) - there is no provision in the U.P. Act which may suggest that the provisions...
June 1, 2019
I.Tax:
Validity of Search and seizure - conversion of survey in search - provisions of Section 131(1) could be invoked only if some proceedings were pending - nowhere any...
June 1, 2019
I.Tax:
Stay petition - demand raised by AO on three issue, TP adjustment,attribution and royalty - TP adjustment and attribution issue relating to the other assessment years...
June 1, 2019
I.Tax:
Penalty u/s 271AAB - document found during the search is not an incriminating material when the entry and the income were duly recorded in the books of account - income...
June 1, 2019
I.Tax:
Addition u/s. 41 (1) or u/s 68 - no reply by sundry creditors u/s 133(6) - AO has accepted purchases as genuine and the amount outstanding in the name of sundry...
June 1, 2019
I.Tax:
Penalty u/s 27(1)(c) - addition u/s 68/69 for cash deposit in bank account - penalty has been initiated on the charge of furnishing inaccurate particulars, but Ld.AO...
June 1, 2019
I.Tax:
Deduction u/s 80-IB - netting off of interest - assessee has purchased the FDRs from the cash credit accounts on which it has paid interest which can proved from the...
June 1, 2019
I.Tax:
Penalty u/s. 271AAA - revenue is not in appeal against the findings of the CIT(A) acceptance of the contentions of the appellant with regard to condition of...
June 1, 2019
I.Tax:
Penalty u/s 271(1)(c) - advance written off - business or capital loss - genuineness of loss is not in dispute - in the assessment order there is no mention about...
June 1, 2019
I.Tax:
Stay of demand - Penalty u/s. 271(1)(C) on disallowance of interest and professional fees - assessee has established the prima facie case and balance of convenience in...
June 1, 2019
I.Tax:
Addition of revaluation of closing WIP - the work in progress followed at cost + net profit so as to bring the contract revenue for the period lying with the requirement...
June 1, 2019
I.Tax:
Disallowance on account of valuation of stock u/s 145A - assessee is following exclusive method of accounting for valuing closing stock wherein unutilised MODVAT/Cenvat...
June 1, 2019
Cus.:
The failure by the Petitioner to appear in those proceedings cannot be an excuse to delay the adjudication order.
June 1, 2019
Cus.:
Valuation of imported goods - Scrap - reports of Chartered Engineers suggest that part of the material is serviceable and could also be used as such - the appellant had...
June 1, 2019
S.Tax:
Imposition of penalty - Delayed payment of service tax with interest - at the first place, the SCN itself was unnecessary as the duty and interest having paid...
June 1, 2019
S.Tax:
Penalty u/s 76 of FA - delay in payment of service tax - appellant has been reflecting the tax liability in their ST-3 returns but could not pay up the tax only because...
June 1, 2019
S.Tax:
Refund of service tax - When the amount has been paid wrongly by mistake and when service tax is not leviable on the activity, the amount paid does not take the colour...
June 1, 2019
S.Tax:
Threshold limit for liable to pay service tax - Renting of Immovable Property Services - co-owner of the Complex - it is not disputed that the income by way of rent is...
June 1, 2019
S.Tax:
Refund claim - duty paid under protest on direction of audit - definition of manpower supply u/s 65(105)(k) is not applicable to the appellant as he has not supplied the...
June 1, 2019
S.Tax:
Classification of services - the appellants were not required to merely supply manpower or make such manpower available to M/s ONGC, but were required to carry out the...
June 1, 2019
C.Ex.:
CENVAT credit - capital goods - pre-fabricated structure - the department is not required to prove a case of mathematical precision and is required to prove a case with...
June 1, 2019
C.Ex.:
Clandestine removal - All the removals done only on delivery challans, had been reflected in their R.G. 1 returns, though specific permission for such removals was not...
June 1, 2019
C.Ex.:
CENVAT Credit - Goods Transport Agency services for outward transportation of goods beyond the place of removal is eligible within the meaning of ‘input service’ as...
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Quick Updates:
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F
: PAYMENT TO CINE OR TV ARTISTS. LIABILITY UNDER RCM
H
: Detention of the goods and vehicle - stock transfer - Penalty - The pe...
H
: Penalty for Non-filing of monthly return - Seeking permission to file ...
H
: 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...
C
: Unauthorised foreign exchange transactions
H
: Seeking rectification in Form GSTR-1 - limitation period - Works contr...
H
: TP Adjustment - selection of MAM [Most Appropriate Method] - The High ...
H
: Deemed income u/s 56(2)(x) - Defective Show cause notice - Addition of...
H
: Obligation to pass a draft assessment order u/s 144C (1) - Petitioner ...
H
: Rejection of application u/s 119(2)(b) for condoning the delay in fili...
H
: Validity of Reopening of assessment u/s 147 - reason to believe - Repl...
H
: Reassessment proceedings against company insolvent/dissolved - The cou...
H
: Assessment of trust - Rate of Tax - Maximum Marginal Rate (MMR) - The ...
H
: Disallowance of bonus paid to directors u/s 36(1)(ii) - assessee paid ...
H
: Addition of the suppressed gross receipts as were disclosed by the ass...
H
: 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...
A
: Understanding the Scope of Accounting.
A
: GST not payable on amount recovered from permanent employees for cante...
C
: Cross Margin benefits for offsetting positions having different expiry...
N
: Under section 80G(2)(b) the Central Government Notified “Shree Ramanuj...
N
: Streamlining of Halal Certification Process for Meat and Meat Products
A
: GST COLLECTION – NET COLLECTION DESERVE PUBLICATION/ REPORTING INSTEAD...
A
: Demand should not be raised when negative taxable and invoice value ar...
A
: Various Types Of Trusts and Their Importance
A
: IGST is not payable under RCM for services in Free-on-Board and Cost I...
A
: MEETING OF CREDITORS - INSOLVENCY RESOLUTION PROCESS - PERSONAL GUARAN...
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Highlights June June 2019 Year 2019
