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Highlights / Annotations / Catch Notes For July of 2019
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Showing 501 to 550 of 707 Records
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July 9, 2019
Cus.:
Validity of Demand u/s 28 of the Customs Act, 1962 without challenging bill of entry - After assessment and clearance of goods u/s 47 demand raised by proposing...
July 9, 2019
Cus.:
DEEC Scheme - violation of post import condition - import in excess of requirement against SION norms - diversion of goods - In view of the clear wordings of the...
July 9, 2019
S.Tax:
Rebate of Swachch Bharat Cess - input services used for providing output services which have been exported -Since the appellants have not claimed any CENVAT credit on...
July 9, 2019
C.Ex.:
Extended period of limitation - appellant being a PSU would not have reason to avail wrong credit with intention to evade payment of duty.
July 9, 2019
Indian Laws:
Dishonor of Cheque - right to defend - If the Court finds that the defence is wholly moonshine and sham, then leave to defend is liable to rejected; but if the defence...
July 9, 2019
I.Tax:
TP Adjustment - share application money remained parked with AE - nothing on record to prove that transaction was sham - TPO could not have treated such transaction as a...
July 9, 2019
I.Tax:
Disallowing of loss on shares - method of valuation of shares at cost or market price - Since the assessee has himself treated the same as investment, no trading loss can be allowed.
July 9, 2019
I.Tax:
Penalty u/s. 271(1)(c) - income disclosed by the assessee u/s 153A - The mere fact that the assessee has filed revised returns disclosing higher income than in the...
July 9, 2019
I.Tax:
Addition u/s 69A - unexplained money - sum received on sale of land co-owned - sale through conveyance deed - year of assessment - it was factually incorrect on the part...
July 8, 2019
I.Tax:
Taxability of compensation awarded for the acquisition of land, buildings etc - Section 96 of the 2013 Land Acquisition Act - the exemption granted by the Parliament,...
July 8, 2019
I.Tax:
Stay of demand - additions are not sustainable on the strength of earlier years’ order - ld.DR stated at the Bar that Revenue is not going to adopt any coercive measures...
July 8, 2019
I.Tax:
Validity of assessment u/s 153A - approval u/s 153D - approving authority has directed the DCIT to ensure the seized materials and the findings of the appraisal report...
July 8, 2019
I.Tax:
LTCG - period of holding - purchase of share directly between the parties and not through stock exchange - as per documents filed, since the actual delivery of shares...
July 8, 2019
I.Tax:
Applicability of surcharge and cess on DTAA rate of tax - as per DTAA between India and Netherlands, the income tax including surcharge shall not exceed 10% - A.O....
July 8, 2019
I.Tax:
Rectification u/s 254(2) - failure to take cognizance of certain judicial pronouncements - non-consideration of the judgments of the jurisdictional High Court and the...
July 8, 2019
I.Tax:
Disallowance u/s 40(a)(ia) - TDS u/s 194C - the explanatory memorandum makes it clear that the scope of sec.194C was extended to cover Association of Persons from 1st...
July 8, 2019
I.Tax:
Disallowance of ESIC and EPF u/s 37(1) - assessee was not under obligation to discharge the liability under EPF and ESIC in respect of employees of sub-contractors - the...
July 8, 2019
I.Tax:
LTCG - period of holding - Registration of the property which was acquired by the assessee in the F.Y. 1994-95 though executed in the Year 2005 has no significance...
July 8, 2019
I.Tax:
Penalty u/s 271 (1)(c) - TP adjustment - TPO included Government Companies which are now cannot be treated as good comparable as per certain decisions - if these will be...
July 8, 2019
I.Tax:
Addition u/s 68 - Unexplained cash advances received from various customers - trade advances given by the creditors/customers were found to be adjusted against the sale...
July 8, 2019
Cus.:
Seeking continuation of anti dumping duty (ADD) on import of Paracetamol from China PR - withdrawal of Anti dumping duty after sunset review - Revenue directed to issue...
July 8, 2019
VAT:
Attachment of personal property of Director - Default/dues on the part of Company - whether personal property belonging to the Director of a company can be attached and...
July 8, 2019
Cus.:
Sunset review for existing anti-dumping duty - imports of rubber chemicals - Designated authority not only has failed in appreciating the material and accompanying...
July 8, 2019
Cus.:
Revocation of Customs Broker License - inordinate delay in completing the inquiry proceedings - timeline provided in Regulation 22 of the CHLR, 2004 were directory in...
July 8, 2019
Cus.:
Wavier Pre-deposit - alternate and efficacious remedy - no explanation as to why petitioners chose to remain absent before the Adjudicating Authority or to avail of...
July 8, 2019
Cus.:
Service of Notice - returned unserved from addresses given by appellant - despite intimation given to the appellant (the customs department) are not taking steps to...
July 8, 2019
Cus.:
Import of CRT monitors - the goods cannot be termed as hazardous waste in the absence of any specific legal provision. However, they are liable for confiscation u/s 111...
July 8, 2019
IBC:
Corporate Insolvency Resolution Process (CIRP) - the amount in question is in dispute even prior to the issue of demand notice and, it is filed for with sole intension...
July 8, 2019
S.Tax:
Refund of unutilized CENVAT Credit - input services - Club and Association Services - the services in question were directly used by the service provider and credit was,...
July 8, 2019
S.Tax:
Imposition of penalty - having regard to the first proviso which was effective from 04.04.2011 till the effective date of implementation of Finance Bill of 2015,...
July 8, 2019
S.Tax:
Maintainability of appeal - Non-compliance with the pre-deposit of 7.5% or 10%. - any payment made by the appellant during the course of the investigation has to be...
July 8, 2019
S.Tax:
Input Credit - separate contracts for supply of transformer as well as erection and commissioning - When the value of both the activity is separately shown, both the...
July 8, 2019
C.Ex.:
Refund of excess duty paid - Valuation - sales made to their dealers (customers) who in turn sell the final product - orders of finalizing the provisional assessment...
July 8, 2019
C.Ex.:
SSI Exemption - manufacture of branded goods - So long the assignment deed in favour of the appellant remains valid, the appellant is entitled to SSI exemption.
July 8, 2019
VAT:
Review of recall of the judgement - non appearance of respondent counsel - clerk of company received the paper/order from court but skipped to inform the director or...
July 8, 2019
VAT:
Addition towards non-existing profits - Tribunal has included the value of goods, loading and unloading charges, railway freight as also the service charges received in...
July 8, 2019
VAT:
Admissibility of appeals - grant of ITC - merely because certain documents may have been brought on record may not itself be sufficient to grant ITC - once claim had...
July 8, 2019
VAT:
Attachment of property of related company - some common director - Default/dues on the part of another Company (dealer) - The language of the statute is very clear u/s...
July 8, 2019
VAT:
Legislative competence of State to levy tax/fee on the import of rectified spirit - levy is not on the input of the final product as such but is on the manufactured or...
July 8, 2019
I.Tax:
Exemption u/s 11 - the cash (capitation fees) which has been collected by the assessee has not been recorded in the books of the assessee but has been kept outside the...
July 6, 2019
State GST:
Deemed adoption of certain Circulars issued by CBIC in the state of Maharashtra
July 6, 2019
I.Tax:
Section under which assessment order was passed - the assessment for the year under consideration were u/s 144 and mentioning of Section 143(3) in the preamble of the...
July 6, 2019
I.Tax:
Treatment of ‘rental income’ as ‘income from other sources’ - receipts from its factory building - Whether there existed ‘leave and licence’ agreement and not ‘rental...
July 6, 2019
I.Tax:
Levy of fees u/s 234E - transfer of immovable property - the contention of inapplicability of section 194IA is redundant and is not available to be taken by the assessee...
July 6, 2019
Bill:
FINANCE (No. 2) BILL, 2019 - Clause by Clause
July 6, 2019
GST:
Composite supply or not - services of lodging and food exclusively to the students - applicant is engaged in supplying flood, laundry service, housekeeping service. etc....
July 6, 2019
GST:
Applicability of Exemption Notification - services of lodging and food exclusively to the students - appellant has to impart remedial classes to the week students at the...
July 6, 2019
GST:
Profiteering - HP V202b 19.5 inch Computer Monitor - benefit of reduction in the GST rate reduction - allegation made by the Applicant is not correct since there was no...
July 6, 2019
I.Tax:
TP adjustment - ALP of royalty - In the absence of empirical data, stating higher royalty was not justified only because it did not result in any tangible benefit to the...
July 6, 2019
I.Tax:
Income from house property - ALV u/s 23(1) of property prior to Occupancy Certificate (OC) - the property was legally not occupiable and not occupied hence the...
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: GST PENALTY SECTION 122
F
: INQUIRY BY THE APPELLATE AUTHORITY
H
: Applicable rate of tax (GST) - Classification of goods - mango pulp su...
H
: Exemption from GST - pure services or supply of goods to the Notified ...
H
: Interest Liability on Electronic Credit Ledger Payments - Seeking levy...
H
: Recovery of short paid duty alongwith interest and penalty - The petit...
H
: Validity of assessment order - reply to the ASTM-10 notice was not tak...
H
: Refund of the unutilized ITC of GST Compensation Cess on coal - zero r...
H
: Classification of the mixed spices - classification accepted under the...
H
: Imposition of GST on vouchers - The petitioner, involved in managing c...
H
: Validity of assessment order - The High Court opined that the challeng...
H
: Refund claim - determination of the turn over for the purpose of refun...
H
: Grant of Regular Bail - In a case where the State sought to challenge ...
H
: Delay in filing the appeal - Time Limitation - petition delayed for al...
H
: Cancellation of GST registration of the petitioner - The High Court ex...
H
: Availing and utilization of Input Tax Credit - The applicant had initi...
F
: Penalty under Section 73(1) of CGST Act, 2017
H
: Addition u/s 68 - unexplained share application money - genuineness an...
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...
A
: DISTINCTION BETWEEN DEATH OF PLAINTIFF AND DEFENDANT DURING PENDENCY O...
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