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TDS u/s 194H - Higher rate of TDS @20% in absence...
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Highlights / Annotations / Catch Notes For July of 2018
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Showing 201 to 250 of 399 Records
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July 17, 2018
C.Ex.:
Reversal of CENVAT Credit - The full value of the inputs having been “written off” in the accounts because of this reason by itself cannot be inferred to mean that these...
July 17, 2018
C.Ex.:
100% EOU - Valuation - As per the holistic view from the overall scheme for 100% EOU, the object is that goods manufactured by 100% EOU should be exported and if it is...
July 17, 2018
C.Ex.:
CENVAT Credit - Capital Goods - The contention of the Revenue that they are huge machines and cannot be removed from one premises to other premises is not born out by...
July 17, 2018
C.Ex.:
CENVAT Credit of excise duty paid on parts, components and accessories would be admissible under the Capital Goods Credit scheme even if they are assembled into goods...
July 17, 2018
C.Ex.:
CENVAT Credit - input services - annual maintenance of lifts installed in the building - when the repair, maintenance, etc. is the part of a contract where construction...
July 16, 2018
State GST:
Clarification on taxability of custom milling of paddy - Milling of paddy is not an intermediate production process in relation to cultivation of plants. - Rate of GST is 5%
July 16, 2018
DGFT:
Accountability of inputs where Advance Authorisations are issued on net to net basis for parts/ components- reg.
July 16, 2018
Cus.:
Exemption from customs duty on import of various items falling with the chapters 32, 34, 38, 83 or any other Chapter - Government extends the scope of exemption subject...
July 16, 2018
Co.Law:
Central Government constitutes additional Benches of the National Company Law Tribunal (NCLT)
July 16, 2018
State GST:
GST is not leviable on General Insurance policies provided by a State Government to employees of the State government/ Police personnel, employees of Electricity...
July 16, 2018
State GST:
Supply of goods or services or both between related persons or between distinct persons as specified in Section 25, when made in the course or furtherance of business,...
July 16, 2018
State GST:
Mere cutting and packing of fabrics into pieces of different lengths from bundles or thans, will not change the nature of these goods and such pieces of fabrics would...
July 16, 2018
GST:
Chargeability of tax/GST - Classification of goods - support services of loading, unloading, packaging, storage or warehousing of agriculture produce - if any processing...
July 16, 2018
GST:
Bio Fertilizer - rate of GST - Bio-Fertilizers, other than those put up in Unit Container and bearing a brand name will covered under Schedule I of rate of GST on Goods...
July 16, 2018
I.Tax:
TDS u/s 194C - payment to transporters - disallowance made u/s 40(a)(ia) - It is not clear from the records as to whether the assessee had indeed submitted the PAN of...
July 16, 2018
I.Tax:
Since assessee is not considered to be in the business of construction of airports per se on its own and is only investing as a promoter, it cannot be considered as...
July 16, 2018
I.Tax:
Disallowance of finance costs - proof of business expenses - Share in Joint Venture (JV) - Since assessee is not carrying on any business activity on its own, the...
July 16, 2018
I.Tax:
Deduction on account of portfolio management (PMS) fees allocated towards the Short term capital gains on sale of shares u/s 48 - the same not being an expenditure...
July 16, 2018
I.Tax:
Sale of property - bifurcation in to land and building - Long term / Short term capital gain - assessee failed to submit the basis for valuation of property, it is...
July 16, 2018
IBC:
Corporate insolvency process - What is the reason for default of payment cannot be a ground to reject the application under Section 7, as the Adjudicating Authority is...
July 16, 2018
Cus.:
Restriction on import of peas (yellow peas) - advance payments were made against import - The transitional arrangement, which has been clarified by this trade notice...
July 16, 2018
Cus.:
Malafide and suppression of fact, misdeclaration, fraud etc. cannot be alleged against the transferee, against the DEPB licence, therefore, demand for the extended...
July 16, 2018
C.Ex.:
Valuation - Syrup - There is no authority for inclusion of the cost of cups, Co2 gas and AMC charges of the vending/dispensing machine in the assessable value of the syrup.
July 16, 2018
C.Ex.:
Classification of Laltel and Janma Ghunti - whether the goods classifiable under Chapter Sub-heading 3003.39 which pertains to the Ayurvedic Medicines or under...
July 16, 2018
VAT:
Liability to pay certain sums on the petitioners in their capacity as Directors - The existence of a Director and the company is independent of each other. Unlike a...
July 14, 2018
GST:
Levy of GST/NIL rate of duty - processes undertaken on agricultural produce - all other processes which are done after acquiring the stage of first marketability fall...
July 14, 2018
GST:
Levy of GST - If the liaison office in India does not render any consultancy or other services directly/indirectly, with or without any consideration and the liaison...
July 14, 2018
GST:
Liability of GST - place of supply - determination of place of supply has been kept out of the purview of Authority for Advance Ruling (AAR) stipulated under the...
July 14, 2018
GST:
Input Tax Credit (ITC) - seeking credit packaging material which is to be used in exempted supply, till they are into their stock - no ITC could be claimed on the...
July 14, 2018
Cus.:
Refund of Terminal Excise Duty (TED) - The fact that the petitioner could or could not get refund under the CENVAT Credit Rules or under the provisions of the Central...
July 14, 2018
Cus.:
100% EOU - demand of customs duty foregone on the excess quantity of imported scrap - manufacture - after segregation of the mixed imported scrap, the segregated scrap,...
July 14, 2018
S.Tax:
Validity of SCN - when the proceedings have already been initiated before the VCES scheme, the show cause notice for short payment would have been issued only in terms...
July 14, 2018
S.Tax:
Goods Transport Agency service (GTA) - There is no dispute in the facts of the present case that the individual truck owners do not issue any consignment notes. The...
July 14, 2018
S.Tax:
Levy of service tax - recovering consideration from its employees for providing canteen services - scope of 'service' - service tax not levied, since the activity does...
July 14, 2018
S.Tax:
Refund claim - unjust enrichment - once the refund amount has been shown as an expenditure in the books of accounts, accordingly it enters into the cost of the service,...
July 14, 2018
C.Ex.:
Refund claim - unjust enrichment - Appellant has claimed the deduction of the amount claimed as refund by them as expense in his profit and loss account, i.e. as a...
July 14, 2018
C.Ex.:
CENVAT Credit - input service - group insurance policy for employees - once a finding of fact is arrived that the insurance policy is primarily for the personal...
July 14, 2018
VAT:
Classification of goods - dyes and chemicals, Ammonia Victoria blue, rhodamine, methyl violet, oil blue, oil green and croum scarlet - since the goods are sold as dyes,...
July 13, 2018
GST:
Levy of GST - Job-work - beer - GST is payable by the Brand owner (UBL) on ‘Surplus Profit” transferred by the CBU to brand owner out of the manufacturing activity and...
July 13, 2018
I.Tax:
Unexplained jewellery - addition u/s 69C or 69A - acquisition of jewellery is as “streedhan” on marriage or other occasions and same could not be said to be unexplained...
July 13, 2018
I.Tax:
Exemption u/s 11 - Once, these donations are not corpus donations, then, automatically all receipts including corpus donations shall be treated as receipts of the trust...
July 13, 2018
I.Tax:
Levy of penalty - the assessee agreed to such addition in the proceedings under section 263 of the Act, cannot be the ground for not levying the penalty.
July 13, 2018
I.Tax:
Entitled for benefit of mutuality - Co-operative society - There is no deference between the transaction of members and nominal members and only when the transactions...
July 13, 2018
I.Tax:
TDS u/s 194J - Just because the person administering the society is also referred to as director, provisions of Section 194J cannot be attracted to the payment of...
July 13, 2018
Cus.:
Validity of SCN - Jurisdiction - proper officer - authorization u/s 2(34) - Additional Director of Directorate of Revenue Intelligence is not entitled to invoke Section...
July 13, 2018
S.Tax:
Refund of service tax paid - since the refund applications were filed by the appellant within the prescribed statutory time limit, documents in support of such claim...
July 13, 2018
S.Tax:
Extended period of limitation - Section 73(3) - when audit was conducted there was enough time for issue of demand notice without invocation of extended period. The...
July 13, 2018
C.Ex.:
Transfer of capital goods to sister unit (transfer of business) - Rule 3 (5) of the Cenvat Credit Rules, 2004 - The conditionalities of Rule 10 given in sub-rule (3)...
July 13, 2018
Indian Laws:
Major Steps taken for Reducing Tax Litigations - For income tax matters, litigation from Department’s side will get reduced by 41%, for Indirect Tax Matters (Central),...
July 13, 2018
C.Ex.:
Refund of excess duty paid - unjust enrichment - the label/laminate produced by the appellant shows that the MRP is inclusive of all taxes. Thus, the appellant could not...
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: ADDITIONAL GROUNDS OF APPEAL AND ORDER IN APPEAL IN GST
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: Sec 16(4) Reversal of ITC when 3B is filed belatedly
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: sales Against 0.1% GST- if export not done within 90 Days
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: Validity of Service of notice u/s 74(5) instead of u/s 74(1) of CGST /...
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: Ex-parte order - Quantification of Liability - intention of evade GST ...
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: Limits for investment in debt and sale of Credit Default Swaps by Fore...
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: Validity of assessment orders - The High court examined the timeline o...
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: Levy of penalty u/s 271(1)(c) - The Tribunal found no justification fo...
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: Penalty proceedings u/s 270A - under reporting of the income - The Tri...
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: MANNER OF FILING APPEAL BY COMMISSIONER
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: Recovery proceedings not to be initiated against the former director o...
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: Penalty proceedings u/s. 271(1)(b) - non-compliance with the 3 notices...
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: Validity of reopening of assessment u/s 147 - Reason to believe - Addi...
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: Rejecting registration u/s 12A(1)(ac)(iii) - name mismatch between the...
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: Denial of benefit u/s 115BAA of reduced rate of tax @22% - Domestic Co...
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: Prohibition of Benami Transactions - Provisional attachment order was ...
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