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Highlights / Annotations / Catch Notes For July of 2019
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July
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Showing 1 to 50 of 707 Records
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July 31, 2019
GST:
Levy of GST - classification of supply - Appellant has entered into the Agreement with manufacturer (PIL) to brew/manufacture, package and supply Products - fixed fees...
July 31, 2019
GST:
Classification of goods - rate of tax - Fan Coil Unit consists of 3 basic components namely fan motor, heat exchanger coils and PCB - FCUs are used in the air...
July 31, 2019
GST:
Alternative remedy - requirement of way bill for goods transported which was a new vehicle (Autorickshaw) transported from the principal place of business to its branch...
July 31, 2019
I.Tax:
Lower withholding certificate u/s 197 - requirement of reasoned order - the decision of the AO u/s 197(1) is quasi-judicial in nature, has to be taken on objective...
July 31, 2019
I.Tax:
Disclosure of reasons to belief for conducting search u/s 132 - impact of insertion of Explanation to Section 132(1) by the FA, 2017 with retrospective effect - the High...
July 31, 2019
I.Tax:
Acquisition of property by central government - order u/s 269UD - upon the passing an order u/s 269UD(1) by Appropriate Authority, the land would vest in the Government...
July 31, 2019
I.Tax:
Addition u/s 68 - Additions based on pen drive etc found from the third party - revenue authorities have failed to establish any connection either business or personal...
July 31, 2019
I.Tax:
Disallowance of provision for maintenance and free service/warranty in computation of book profit u/s 115JB - such liabilities cannot be regarded as contingent...
July 31, 2019
I.Tax:
Allowability of write off of obsolete and non-usable inventory which is 10% of the total inventory - there can be no denial that assessee is entitled to claim loss...
July 31, 2019
I.Tax:
Disallowance u/s 14A - exempt income is out of investments in mutual funds - in the case of a mutual funds, administrative and managerial expenses are factored in the...
July 31, 2019
I.Tax:
Characterization of income - interest earned on ICDs - assessee is not in money lending business - when it is accepted that the assessee has taken a prudent business...
July 31, 2019
I.Tax:
Revision u/s 263 - specified domestic transactions - effect of omission of 92BA(1) w.e.f. 1.4.2017 - the order has been revised purely on the basis that the AO has not...
July 31, 2019
I.Tax:
Addition of unexplained expenditure u/s 69C - AO not verified the actual contents of seized material and addition made based on Report of the Special Auditor - AO is...
July 31, 2019
Co.Law:
Constitution of CSR committee for the Board - as per the appellant’s own calculation the net profit is apparently more than ₹ 5 crores i.e. threshold limited...
July 31, 2019
IBC:
CIR process - Non filing of FIR and action against offenders steeling goods, machineries and equipments, etc. of the CD - this Bench is conferred with power to direct...
July 31, 2019
IBC:
Initiation of CIRP - Non-consideration of resolution plan submitted after limitation but before the expiry of 270 days - the Resolution Professional and the COC should...
July 31, 2019
S.Tax:
Extended period of Limitation - when the activities of the appellant were well within the knowledge of the Revenue, then, there no question of suppression of any fact -...
July 31, 2019
S.Tax:
Non-payment of Service tax - gross fee collected for Commercial Coaching and Training Services - the assessee is not entitled to deductions on account of sale of books,...
July 31, 2019
S.Tax:
Claim of small scale exemption upto ₹ 10 Lakhs - renting of Immovable Property service - risks and rewards are not shared as each of the co-owner brought money...
July 31, 2019
C.Ex.:
Refund of CENVAT Credit - unjust enrichment - It is not understood when no duty was paid and only credits availed were refunded, how come a case of unjust enrichment...
July 31, 2019
C.Ex.:
CENVAT Credit - clean energy cess on Coal - A plain reading of Rule 3 of CCR, 2004 shows that it does not include CEC imposed in FA, 2010 in list for Cenvat credit - If...
July 31, 2019
I.Tax:
Penalty u/s 271(1)(c) - return filed disclosing higher income u/s 153A - no incriminating material found - when the Revenue could not lay hands on any tangible material...
July 30, 2019
I.Tax:
Principle of consistency - There is a significant value which must attach to observing the requirement of consistency and certainty. Individual affairs are conducted and...
July 30, 2019
I.Tax:
Assessment against amalgamating company - notice u/s 143(2) was issued to non-existent company - Participation in the proceedings by the appellant in the circumstances...
July 30, 2019
I.Tax:
Assessment u/s 153C - it is necessary that before the provisions of section 153C can be invoked, the AO of the searched person must be satisfied that the seized material...
July 30, 2019
I.Tax:
Penalty u/s 271AAB or 271AAA - non issue of notice u/s 274 read with Section 271AAB - corrigendum issued stating that Section 271AAA should be read as Section 271AAB -...
July 30, 2019
I.Tax:
LTCG - fair market value as on 1.4.1981 - The reasonable approach would have been to adopt the valuation in the Wealth Tax Assessment, since the Tribunal holds that the...
July 30, 2019
I.Tax:
Ex- parte order - ITAT dismissed the appeal for non appearance - the expression “dispose of the appeal on merits” occurring Rule 24 would acquire significance. In other...
July 30, 2019
I.Tax:
Characterization of expenditure - expenditure incurred by way of renovation and Interior work of Stadium - assessee did not create a new asset or create a source of...
July 30, 2019
I.Tax:
Depreciation on goodwill - goodwill generated in the process of amalgamation - assessee failed to claim depreciaion in the original ITR or revised ITR but claimed first...
July 30, 2019
I.Tax:
Disallowance of interest u/s 36(1)(iii) - interest bearing loans versus advances - as long as commercial expediency is established, there remains no reason for making...
July 30, 2019
I.Tax:
Disallowance u/s 36(1)(iii) and additions u/s 68 - a perusal of the balance sheet of the loan creditor shows that it has got sufficient share capital and free reserves...
July 30, 2019
I.Tax:
Additions u/s 68 - assessee has discharged the onus cast on it by proving all the three ingredients of section 68, namely, the identity and credit worthiness of the...
July 30, 2019
Cus.:
Extension of period for Detention of goods - post amendment, two conditions are to be satisfied: one, the Commissioner has to record his reasons in writing, why the...
July 30, 2019
Cus.:
Jurisdiction - power of Additional Director General to issue SCN - Proper officer - The order has been passed after following the principles of natural justice and fair...
July 30, 2019
IBC:
Exclusion of certain period from CIRP - revival of mining lease - Mere delay in passing revival order by issuing GO for revival of the Leases. It cannot be said that...
July 30, 2019
S.Tax:
Validity of subsequent SCN - Extended period of Limitation - in a case where a show cause notice has been issued for the earlier period on certain set of facts, then on...
July 30, 2019
S.Tax:
Validity of SCN issued to a dead person - There is no specific provision or machinery provision for recovery of tax dues, after death of the proprietor. - Section 87 (c)...
July 30, 2019
I.Tax:
Set off of business loss against the income brought to tax u/s 69B r.w.s 115 BBE - The instant appeal relates to Assessment Year 2012-13 and therefore the assessee’s...
July 30, 2019
I.Tax:
Deduction u/s 80P(2) - whether Souharda Sahakari registered under the Karnataka Souharda Sahakari Act, 1997 are also co-operative societies within the meaning of Sec.2(19) ? - HELD Yes
July 30, 2019
I.Tax:
Deduction u/s 54 against the LTCG - assessee failed to construct the new residential house within a period of three years from the date of sale due to delay in the...
July 30, 2019
C.Ex.:
Validity of adjudication of case after 13 years of Issue of Show Cause Notice (SCN) - The explanation offered by the respondents/ Revenue for delay is not convincing. -...
July 30, 2019
C.Ex.:
CENVAT Credit - suo moto re-credit - firstly the appellant has paid the duty through CENVAT credit account during the disputed period and later on at the direction of...
July 30, 2019
VAT:
Adjustment of Input Tax Credit - outstanding declaration forms under CST Act as on 30.6.2017 (e.g. C forms) - Rule 117 of the Gujarat Goods and Services Tax Rules read...
July 29, 2019
I.Tax:
Exemption to specified persons from requirement of furnishing a return of income u/s 139(1) for assessment year 2019-20 - income chargeable from any investment in an...
July 29, 2019
I.Tax:
Depreciation on LED wall - @15% or @ 60% - Since no separate rate of deprecation has been prescribed for LED wall, projectors / accessories etc, therefore, these will...
July 29, 2019
GST:
Scope of Advance Ruling application - their query is with respect to “‘assessment of their supplies based on taxability”. Such query does not fall under any of the...
July 29, 2019
GST:
Grant of Bail - offence punishable u/s 132 of GST - admittedly, charge sheet has not been filed, therefore, right of `default bail' accrued to the applicant after completion of 60 days.
July 29, 2019
I.Tax:
Constitutional validity of 35AC(7) - approval to the appellant's hospital project for a period of three financial years but due to amendment benefit not available for...
July 29, 2019
I.Tax:
Deemed dividend u/s 2(22)(e) - beneficiary of the advance was itself not a shareholder of the company - Tribunal follow decision of a High Court which approved by...
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: Validity Of Order passed u/s 73 - cryptic order - The High Court found...
H
: Validity Of Order passed u/s 73 - Denial of ITC with respect to the su...
F
: PAYMENT TO CINE OR TV ARTISTS. LIABILITY UNDER RCM
H
: Demand of late fee u/s 47(1) of the CGST / SGST Act - delay in filing ...
H
: Transitional credit - Unutilized amount of Advanced VAT paid - The cou...
H
: Validity of Reassessment notices issued unsigned - maintainability of ...
H
: Unexplained cash credit u/s 68 - The Court highlighted that transactio...
H
: LTCG - Receipt of additional amount towards TDR - treatment to receipt...
H
: Validity of Assessment order u/s 147 r.w.s. 144B - Procedural Irregula...
C
: Extension of due date for filing of Form No. 10A/10AB under the Income...
H
: Condonation of delay - substantial delay of 166 days before ITAT - The...
H
: Income deemed to accrue or arise in India - Attribution of Profit to p...
H
: Condonation of delay - Delay in filling of an appeal before ITAT - The...
H
: LTCG - Determination of Fair Market Value (FMV) - The Assessing Office...
N
: Export of 2,000 MT of White Onion under Code 0703 10 19
F
: Sec 16(4) Reversal of ITC when 3B is filed belatedly
C
: Ease of Doing Business: Text on Contract Note with respect to Fit and ...
H
: Rejection of application for registration u/s 12AA(1)(ac)(iii) r.w.s 8...
H
: Estimation of income - bogus purchases - The Tribunal recognized the a...
H
: Penalty u/s 270A - allegation of misreporting as per section 270A(9) -...
A
: REFUND OF ITC ON EXPORT OF GOODS WITHOUT PAYMENT OF TAX – RULE 89(4) O...
A
: FILING APPEAL AS PER THE DIRECTIONS OF HIGH COURT
A
: Understand the Contrasts between Government and Public Limited Companies
A
: PIL challenging provisions of 101st Constitutional Amendment Act relat...
N
: Exemption from specified income U/s 10(46) – ‘Kerala Autorickshaw Work...
C
: Unauthorised foreign exchange transactions
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...
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