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Highlights / Annotations / Catch Notes For July of 2021
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Showing 251 to 300 of 418 Records
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July 13, 2021
I.Tax:
TDS u/s 192 or 194J - There was no specific timing and attendance record maintained by hospital with respect to such doctors and this category of doctors was not be...
July 13, 2021
C.Ex.:
CENVAT Credit - failure to distribute credit on certain common input services and transition to GST - It is only a procedural lapse and it will not affect the...
July 13, 2021
I.Tax:
Penalty u/s 271(1)(c) - Excess depreciation claim - it is merely a case of difference arising out of the reworking of the carry forward depreciation by the AO by...
July 13, 2021
I.Tax:
Not allowing credit of TDS - assessee has submitted that he mistakenly registered itself as ‘local authority’ with the Income Tax department (PAN) and not as...
July 13, 2021
I.Tax:
Assessment u/s 153A - Addition for the pay-in from NBOT - AO was not justified as he cannot pick and choose the figures at his/her pleasure. Once it was decided to make...
July 13, 2021
I.Tax:
Assessment of trust - Transaction between the related concerns - Even collectively, the shareholding of the Trustees in ABHSL is far below the threshold of 20%. Hence...
July 13, 2021
Indian Laws:
Dishonor of Cheque - dues was against the company but the cheque was issued by the petitioner from his personal account - Legally enforceable debt or not, in personal...
July 13, 2021
Indian Laws:
Dishonor of Cheque - acquittal of the accused - rebuttal of presumption - legally enforceable debt or not - The complainant has failed to establish his financial...
July 12, 2021
GST:
Provisional Attachment of Bank Account - Section 83 of the Central GST Act - Since the petitioner has not taken to recourse to sub-rule (5) of Rule 159 of the said...
July 12, 2021
GST:
Refund of Input Tax - rejection on the ground that there was a mismatch between the export value and the net ITC when compared to monthly returns - The impugned order,...
July 12, 2021
I.Tax:
Validity of order passed by National Faceless Assessment Centre (NFAC) u/s 143 (3) read with Section 144-B - Requirement of preparing a draft assessment order u/s 144-B...
July 12, 2021
I.Tax:
Assessment u/s 143(3) - the e-filing portal, maintained by the revenue, was not functional - these are good enough reasons for us, to set aside the impugned assessment...
July 12, 2021
Cus.:
Provisional release of the seized goods - pendency of proceedings - the legislative intent in section 110A, introduced by way of an amendment, is clear that even during...
July 12, 2021
Indian Laws:
Dishonor of Cheque - validity of Authorization to file a complaint on behalf of company - This Court is of the opinion that in the present cases the company has been...
July 12, 2021
Cus.:
Dishonor of Detention Certificate - seeking permission for clearance of goods without payment of demurrage and container detention charges in terms of Regulation 6 (1)...
July 12, 2021
Cus.:
Seeking direction to respondents to cause release of the goods imported without payment of demurrage and container detention charges - Regulation 6(1) (I) of the...
July 12, 2021
I.Tax:
Offences u/s 276 B read with 278B - petitioners paid TDS amount collected from the employees, belatedly after a period of eight months - It is for the competent...
July 12, 2021
IBC:
Challenging the approval of Resolution plan -Delaying Tactics - This ‘Tribunal’ taking note of the divergent contentions advanced on either side and also bearing in mind...
July 12, 2021
S.Tax:
Levy of service tax - Agreeing to the obligation to tolerate the Act - The amount received by the appellant in terms of Machine Availability clause, from the service...
July 12, 2021
I.Tax:
Rejection of books of accounts - estimation of income - Unexplained Investment in Purchases - A.O has accepted all other transactions of purchases and payment made...
July 12, 2021
I.Tax:
Penalty levied u/s 271(1)(b) - failure to comply with the notices issued by the A.O u/s 142(1) - the non-compliance on the part of the assessee is due to the reason of...
July 12, 2021
IBC:
Initiation of CIRP - Corporate Debtor sought to reopen the application - Appellant had paid the due amount in full and final settlement with the Respondent/Operational...
July 12, 2021
I.Tax:
Deemed dividend u/s 2(22) - money lent to the assessee was received in the ordinary course of business for fulfillment of business supply through consolidated...
July 12, 2021
IBC:
Seeking withdrawal of Corporate Insolvency Resolution Process - Locus of the application being shareholder of the corporate Debtor - a person who is aggrieved or whose...
July 10, 2021
GST:
Non-compliance with the requirement of holding the mandatory pre-SCN consultation - In effect what appears to have transpired pursuant to the summons issued was a...
July 10, 2021
GST:
Period of limitation for filing an appeal - exclusion of time during COVID lockdown period - ex-parte order - The order, ex parte in nature, passed in violation of the...
July 10, 2021
GST:
Validity of orders that were ex parte in nature - The order are ex facie, bad in law, because (a) violation of principles of natural justice, i.e. Fair opportunity of...
July 10, 2021
GST:
Liability of make payment of GST - works contract - payment/reimbursement of the applicable GST on the amount of work executed - Works Contract executed prior to GST...
July 10, 2021
I.Tax:
Nature of receipt - proceeds realized by the assessee on sale of Certified Emission Reduction Credit - assessee had earned it on the Clean Development Mechanisam in its...
July 10, 2021
I.Tax:
Validity of assessment u/s 153A r.w.r.153C - proceedings under Section 148 of the Act admittedly lapsed - the lack of jurisdiction was not established by the petitioners...
July 10, 2021
I.Tax:
Late filing fee u/s. 234E - intimation u/s 200A - Late filing of TDS returns / statement - when there are conflicting decisions, the view taken in favour of the assessee...
July 10, 2021
I.Tax:
Validity of 158BD proceedings - prior to 04.09.1997, i.e., the date on which jurisdiction u/s 158BD was assumed, the books of account were not handed over to the...
July 10, 2021
I.Tax:
Reopening of assessment u/s 147 - Reasons are required to be read as they were recorded by the AO. And that the AO himself must also speak through his reasons and should...
July 10, 2021
I.Tax:
Addition u/s 56(2)(viib) - excess premium collected on issue of equity shares from resident individuals - assessee is a recognized startup from DPIIT, Ministry of...
July 10, 2021
Cus.:
Validity of adjudication of SCN after a long gap, i.e. 12 years - SCN has been issued on 14.05.2009 and is pending till date with finalization of proceedings as...
July 10, 2021
Cus.:
Suspension of Customs Broker License - It is true that suspension is required only in cases where the Commissioner feels the need for immediate action. But this...
July 10, 2021
S.Tax:
Refund of service tax - booking of flat cancelled - Time Limitation - There are no doubt the service tax was deposited by the appellant on 4th October, 2016 and 24...
July 10, 2021
C.Ex.:
Refund of excess amount of Duty and interest paid - principles of unjust enrichment - The refund here, in this case, is claimed for a few years only and just by...
July 10, 2021
VAT:
Validity of reassessment order passed u/s 39(2) of the Karnataka Value Added Tax - barred by limitation or not - It is pertinent to note that Section 40(2) of the Act...
July 10, 2021
Indian Laws:
Dishonor of Cheque - insufficiency of funds - grant of 20% of the amount as interim compensation - Section 143A of the Act, 1881 - From perusal of provisions of the Act,...
July 9, 2021
GST:
Correction of amount shown in GST TRAN-1 - Transitional credit - Period of limitation - It does not stand to reason that the date of filing of Form-1 and date for...
July 9, 2021
I.Tax:
Reopening of assessment u/s 147 - material which was examined and qua which opinion was rendered by the AO while passing the draft assessment orders - The failure to...
July 9, 2021
I.Tax:
Deduction of lease rent - lumpsum amount paid by the appellant/assessee for the entire tenure of the lease i.e. 99 years - matching principle - Given the facts obtaining...
July 9, 2021
I.Tax:
Deduction of TDS on the amount paid and payable to the workmen - Though it is referred as Voluntary Retirement Scheme, one has to see the object and intent behind it....
July 9, 2021
I.Tax:
DTVSV Act - in a case where the Appeal is filed by the Income Tax authority, the amount payable shall be one-half of the amount calculated - whether Petitioner is...
July 9, 2021
I.Tax:
Refund the monies lying in the Capital Gains Account Scheme (CGAS) with the bank along with interest at prevailing rates - The operation of the account in question is a...
July 9, 2021
I.Tax:
Addition under the head “Capital Gains” - Fair Market Value of the salable area - The method adopted by the Assessing Officer to compute Fair Market Value of salable...
July 9, 2021
I.Tax:
Black Money Undisclosed Foreign Income And Assets And Imposition Of Tax Act, 2015 - Sole beneficiary of the Foreign Account - Merely mentioning the name of the assessee...
July 9, 2021
I.Tax:
Revision u/s 263 by CIT - assessee’ s claim of 100 % exemption of profits u/s 80 IC - Manufactured items - serial no. 5 of the negative list - on account of the clear...
July 9, 2021
I.Tax:
Addition by treating the interest received on STDR made in the pre-commencement period as being income from other sources - the interest income has to be brought to tax...
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: Sec 16(4) Reversal of ITC when 3B is filed belatedly
F
: sales Against 0.1% GST- if export not done within 90 Days
F
: Composition scheme
A
: FILING APPEAL BEFORE SUPREME COURT – LOW TAX EFFECT
A
: A Simple Analysis of Duty Drawback
A
: Can a Registered Person claim an Input Tax Credit of IGST whose Place ...
H
: Cancellation of GST Registration - Legal Validity of Retrospective Can...
H
: Levy of penalty - goods were undervalued - The High Court, after caref...
H
: Levy of Penalty u/s 129(3) of the Central Goods and Service Tax Act, 2...
H
: Levy of GST - Royalty- seigniorage fee paid by the petitioner to the G...
H
: Credit of TDS - Non-reflection of TDS credit in its 26AS statement - T...
H
: Foreign Tax Credit u/s. 90 - denial of tax credit paid in the source c...
H
: Penalty proceedings for a default committed by a deceased - legal repr...
H
: Estimation of income - Bogus purchases - Second reopening assessment p...
H
: Revision u/s 263 - Upon examination, the Tribunal found that the Asses...
H
: Validity of the assessment order passed u/s 143(3) - Assumption of jur...
H
: Lack of jurisdiction of AO in issuing notice u/s.143 (2) - Change of r...
H
: Addition u/s 68 r.w.s. 115BBE - Bogus LTCG - The Tribunal examined the...
H
: AO/CPC jurisdiction u/s 143(1) to carry out 43B(a) disallowance - The ...
H
: Revocation of the custom broker license - The Tribunal observed that t...
H
: Initiation of CIRP - Financial creditor within the meaning of sub-sect...
A
: ADDITIONAL GROUNDS OF APPEAL AND ORDER IN APPEAL IN GST
A
: Know the Challenges and Issues with GST
C
: Framework for Category I and II Alternative Investment Funds (AIFs) to...
C
: Flexibility to Alternative Investment Funds (AIFs) and their investors...
N
: Securities Contracts (Regulation) (Stock Exchanges and Clearing Corpor...
A
: WRONG FIXATION OF FEES PAYABLE TO INTERIM RESOLUTION PROFESSIONAL
A
: MANNER OF FILING APPEAL BY COMMISSIONER
A
: Recovery proceedings not to be initiated against the former director o...
A
: A simplified GST guide designed for commission agents and brokers.
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