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Highlights / Annotations / Catch Notes For July of 2020
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Showing 101 to 150 of 339 Records
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July 21, 2020
GST:
Input Tax Credit - Paver Blocks laid on the land - immovable or movable property? - The flexibility to re-use does not mean that blocks will be removed and re-erected...
July 21, 2020
GST:
Classification of goods - Shatamrut Chyavan - The subject product is a complete animal feed supplement manufactured out of molasses mixed with 15 other ingredients to...
July 21, 2020
GST:
Principles of Natural Justice - Adjudication of matter before the Date specified in the notice - Deputy Commissioner of State Tax, for unexplained reasons and...
July 21, 2020
GST:
Profiteering - purchase of flat - The respondent has denied benefit of ITC to the buyers of the flats being constructed by him in the project in contravention of section...
July 21, 2020
I.Tax:
Addition in the hands of the assessee - Family Trust - assessee was a beneficiary - It is wholly un-understandable as to how can assessee, on one hand, seek to treat a...
July 21, 2020
I.Tax:
Validity of reopening of assessment u/s 147 - Income accrued in India - Assessee had shifted to the United States - period of stay in India - Since the assessee did not...
July 21, 2020
I.Tax:
Notional rental income on commercial property u/s 23(1)(a) - notional rental income on unsold stock u/s 23(1)(a) - There being impossibility of renting out the property,...
July 21, 2020
I.Tax:
Deduction u/s 80P(2) against enhanced income due to disallowance of capital expenditure - since such disallowances were in course of assessee’s regular business...
July 21, 2020
I.Tax:
Penalty u/s 271AA and 271BA - TP adjustment - Failure to provide or maintain specific Information / Documents - As the assessee is not associated enterprises of KEPTL...
July 21, 2020
I.Tax:
Penalty u/s 271(1)(c) - Any addition/disallowances made during the quantum proceedings does not automatically justify the levy of the penalty under section 271(1)(c) -...
July 21, 2020
Cus.:
Classification of imported goods - GoPro HERO5 Black Action Camera - There are no merits in the impugned orders in classifying the disputed goods under Tariff Item 8525...
July 21, 2020
Cus.:
Initiation of a sunset review investigation for continuation of ADD - likelihood of dumping injury - Non-disclosure of dumping margin to the appellant by claiming...
July 21, 2020
C.Ex.:
100% EOU - Goods cleared by the EOU for sale within India - Benefit of exemption where the EOU is registered with Excise Department - Scope of CBEC circular given...
July 21, 2020
C.Ex.:
Valuation - deductions in nature of discounts - manufacture of tyres under the brand name “CEAT” on job work basis - the discounts were very much known to the parties...
July 20, 2020
GST:
Classification of service - rate of tax - coal handling and distribution charges wherever supply of such services is intended to be made expressly to a customer - the...
July 20, 2020
GST:
Classification of supply - mounting of Bus/ Truck Body by the job worker on the chassis supplied by the principle for which the applicant charged fabrication charges...
July 20, 2020
GST:
Input Tax Credit - Blocked Credits - Air Handling Units etc. (AHU) are sine qua non for a commercial mall and hence cannot he considered separate from the building or...
July 20, 2020
GST:
Input tax credit - Purchase of Lift - credit available to Hotel or not - the lift has become part of the building and thus falls under the exclusion from plant and...
July 20, 2020
GST:
Classification of supply - work relating to “supply, installation and fixing of customized furniture in a building” - The supply made by the applicant to the Capital...
July 20, 2020
GST:
Classification of goods - Preparation of a kind used in Animal Feeding - Bio Processed Meal - The applicant is eligible to avail exemption on their finished products...
July 20, 2020
S.Tax:
Levy of Service Tax - banking and other financial services - foreclosure charges - The foreclosure of loan is a material breach of contract as it curtails the loan...
July 20, 2020
I.Tax:
Disallowance of repairs and maintenance - Disallowance made on account of repairs and maintenance by holding that assessee had already given flat deduction @30% of...
July 20, 2020
I.Tax:
TP Adjustment - adjustment made on account of advertisement, marketing and promotion (AMP) expenses - internatinal transaction - the AMP expenditure incurred by the...
July 20, 2020
I.Tax:
Addition u/s 69A - addition of processing charges bill alleged to be paid outside the books of accounts - Assessee should have been allowed to reconcile and explain the...
July 20, 2020
I.Tax:
Accrual of income - Additions based on TDS statements - The receipt of consideration of income, which has been already offered for taxation in earlier years, received in...
July 20, 2020
I.Tax:
Eligibility of exemption u/s 11 & 12 - whether assessee activities are not in charitable nature and activities falls under the last limb of section 2(15) - if in terms...
July 20, 2020
I.Tax:
Disallowance of job work expenses - there is a direct relation between the amount of sales viz a viz the job work charges incurred by the assessee, therefore such...
July 20, 2020
Cus.:
Refund of IGST - Non compliance with the Directions - action against the respondent authority (Pr. Commissioner of Customs) - In one week’s time, if the respondent does...
July 20, 2020
Cus.:
Imposition of penalty u/s 112(a) of Customs Act, 1962 - import of LED battern fixture, LED panel light, LED flood light etc. - prohibited goods or not - the BIS number...
July 20, 2020
S.Tax:
Levy of Service Tax - construction undertaken in TNCSC Thanjavur Division - The service rendered by the appellant and the activity of construction by the appellant is...
July 20, 2020
C.Ex.:
Principles of Natural Justice - Sabka Vishwas Legacy Dispute Resolution Scheme, 2019 - rectification of mistake - Revenue clearly complied with the provisions of Section...
July 18, 2020
GST:
Supply or not - interest/penalty collected for delay in payment of monthly subscription by the members - The additional amount being charged in delay of payment by...
July 18, 2020
GST:
Demand of GST - Legality and Validity of notice of intimation under Section 74(5) of GST - It is just an intimation. It is up to the writ applicant whether to pay...
July 18, 2020
GST:
Period of limitation for transitional credit - GST TRANS-1 - In this case, the peremptory word "shall" is used. The relevant rule deals with the time limit for availing...
July 18, 2020
GST:
Profiteering - purchase of a flat - allegation that the benefit of reduction in the rate of tax not passed on - contravention of section 171 of CGST Act - The State...
July 18, 2020
I.Tax:
Reopening of assessment u/s 147 - notice in the name of dead person - the applicability of Section 292BB of the Act, 1961 has been held to be attracted to an assessee...
July 18, 2020
I.Tax:
TCS u/s 206C(1) - Purchase by the assessee as scarp subjected to TCS - In view of the undisputed fact that what was purchased by the assessee is scarp subjected to TCS...
July 18, 2020
I.Tax:
Slump sale of windmills - capital gains as a slump sale u/s 50B (2) - Wind mills constitute separate undertaking and the Ld.CIT(A) has rightly directed the AO to compute...
July 18, 2020
I.Tax:
TP Adjustment - Adjustment on account of provision of loan to AE’s - DRP adopted the interest rate at domestic cost of borrowing + 3% markup - rate of interest was to be...
July 18, 2020
I.Tax:
Deemed dividend u/s 2(22)(e) - Protective assessment - the addition in the hands of the appellants on protective basis by the A O clearly amounts to a double addition...
July 18, 2020
I.Tax:
Validity of the assessment order framed u/s 153A read with section 143(3) -Assessment has been framed by the AO u/s 143(3), without obtaining the valid approval from the...
July 18, 2020
Cus.:
Effective date of notification - the notification would come into effect from the date and time when it was electronically printed in the gazette and mere uploading on...
July 18, 2020
Cus.:
Evasion of duty - fraudulent availment of advance authorisation scheme - the appellant requested for provisional release for re-export of the goods. In that case, a...
July 18, 2020
Cus.:
Continuation of Anti-Dumping Duty - imports of “Grinding Media Balls” - Once the Designated Authority had exercised its discretion in recording findings on the basis of...
July 18, 2020
Co.Law:
Permission of Company to revise Board's Report - Corporate Social Responsibility (CSR) report - we are convinced with the reasons furnished by Petitioner to seek the...
July 18, 2020
IBC:
Liquidation process - right of the secured creditor - Respondent can realise a Security Interest as per provision Section 13(9) of the SARFAESI Act. Since the Respondent...
July 18, 2020
C.Ex.:
Validity of declarations filed under Sabka Viswas (Legacy Dispute Resolution) Scheme, 2019 - Scheme was held to be not maintainable on the premise that the case involves...
July 18, 2020
Indian Laws:
Condonation of delay in service of SCN - Time Limitation - Dishonor of Cheque - insufficient funds - If the complaint is to be dismissed on technical ground i.e. on...
July 18, 2020
IBC:
CIRP process - police has refused to act on the FIR - Since any action of the police will have to be based on investigation on the subject matter of the transaction,...
July 18, 2020
C.Ex.:
CENVAT Credit - input services - Renting of Immovable Property Service - The services used in relation to setting up of a plant are neither specifically included nor...
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: Rectification u/s 154 - The Assessee argued that the assessments u/s 1...
H
: Detention Order under COFEPOSA - legal heirs of detenu - Smuggling - d...
H
: Levy of penalty - mis-declaration of goods - unflavoured boiled supari...
H
: Suspension of license of public bonded warehouse - bonded goods were s...
H
: Classification of imported goods - Navigation System - Multifunctional...
H
: Offences triable by Special Court - offences other than the Companies ...
H
: Judicial Discipline - Seeking refund of accumulated Cenvat credit - in...
H
: Works Contract Service - availment of Composition Scheme - The Tribuna...
H
: Refund of accumulated credit - Eligibility to CENVAT credit to a manuf...
H
: Legal implication of a promotional trailer - absence of specific conte...
H
: Dishonour of Cheque - territorial jurisdiction - Foreign instrument - ...
H
: Seeking renewal of registration of Goods Service Tax (GST) - cancelled...
H
: Validity Of order passed without signed by the authority - Principles ...
H
: Demand of GST - The High court noted that the return of documents rais...
H
: Validity Of Order for Cancellation of Registration passed in Form GST ...
F
: PAYMENT TO CINE OR TV ARTISTS. LIABILITY UNDER RCM
C
: Extension period for 3 months to Ortho-phosphoric Acid which is used f...
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...
N
: Amendment in Notification No. 60/2022 dated the 10th June, 2022 read w...
A
: MEETING OF CREDITORS - INSOLVENCY RESOLUTION PROCESS - PERSONAL GUARAN...
A
: Goods seized cannot be released by invoking writ jurisdiction if no ap...
A
: Various Types of Charges on Property
A
: Assessment Order quashed when Assessee incorrectly reported turnover i...
A
: Guidelines for AOs for initiating proceedings u/s 147 of I.T. Act, 196...
A
: Navigating the Business Landscape: The Imperative of Effective Cost Ma...
A
: REJECTION OF REPAYMENT PLAN
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