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Highlights / Annotations / Catch Notes For July of 2022
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Showing 101 to 150 of 524 Records
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July 25, 2022
I.Tax:
TDS u/s 194A(3)(V) - Disallowance u/s 40(a)(ia) - the amendment as brought in by Finance Act, 2015 was prospective in nature and applicable only from 01.06.2015. It is...
July 25, 2022
I.Tax:
Estimation of income - transactions relating to cricket betting - estimate made by the Assessing Officer of the assessee’s income at 1% of the total transactions of...
July 25, 2022
I.Tax:
Exemption u/s 11 - promotion and development of the game of Cricket - proviso to section 2(15) is invoked in the case of the assessee as the activities of the assessee...
July 25, 2022
I.Tax:
MAT computation u/s 115JB - Disallowing exclusion of Excise Duty Exemption as capital receipt availed during the year under consideration in computing book profit as per...
July 25, 2022
I.Tax:
Addition on account of unaccounted cash payments u/s 69C - Addition on the basis of the statements given by four employees in the course of search u/s 132(4) - not only...
July 25, 2022
I.Tax:
Exemption u/s 11 - registration u/s 12A Cancelled - evidences collected during search - second search is a different proceeding that materials cannot be imported for...
July 25, 2022
I.Tax:
Validity of reopening of assessment - the assessee cannot be allowed to take the benefit of plea of no service of notice u/s 148 of the Act when even as per the various...
July 25, 2022
Cus.:
Seeking waiver of forfeiture of security as well as penalty imposed on CHA - time period for reporting the changes - It is noticed that the appellant has claimed that...
July 25, 2022
Co.Law:
Valuation of the fair price per equity share of the Respondent Company - low valuation of shares in the exit offer - Section 247 or other provisions of the Companies Act...
July 25, 2022
IBC:
Initiation of CIRP - NCLT rejected the application - NPA - Period of limitation - NCLT that, a statement contained in the balance sheet cannot be treated as an...
July 25, 2022
IBC:
Seeking approval of the Resolution Plan - The Resolution Applicant cannot be saddled with any previous claim against the Corporate Debtor prior to initiation of its CIRP....
July 25, 2022
IBC:
CIRP - Grounds on which the Liquidator can be changed - the non-holding of a valid AFA will not render the order of liquidation passed by the Adjudicating Authority...
July 25, 2022
S.Tax:
Extended period of limitation - evasion of service tax or not - The appellant had, in fact, lost by not paying service tax in time and has not gained anything at all. It...
July 25, 2022
S.Tax:
Denial of refund of Service Tax - Period of limitation - It is apparent that while the Revenue’s attempt to classify the service provided by the appellant under the...
July 25, 2022
S.Tax:
Levy of Service Tax - refundable security deposit collected by the Appellant from its customers - the said amounts are not collected towards any provision of service but...
July 25, 2022
Indian Laws:
Dishonor of Cheque - For proving offence under Section 138 of NI Act, it has to be established that the cheque has been issued by the accused to discharge a legally...
July 23, 2022
GST:
Seeking Grant of Regular Bail - availment of fraudulent Input Tax Credit - From the documents adduced, role of the applicant prima-facie appears to be serious in nature...
July 23, 2022
GST:
Scope of the show cause notice (SCN) - in case if the authority intend to add interest and penalty on the amount fixed in the show cause notice, separate notices ought...
July 23, 2022
GST:
Recovery of demand - initiation of Garnishee proceedings - The assessment order and the demand does not remain merely a piece of paper, unless an assessee gets relief by...
July 23, 2022
GST:
Levy of GST - Long term lease of 99 years - Validity and legality of the recovery notice - It is clearly stated that “the petitioner has misconstrued the simple...
July 23, 2022
I.Tax:
Deduction u/s 80IC - process amounted to ‘manufacture’ or ‘production’ of the Anchors or not - The term ‘manufacture’ or ‘produce’ used in Section 80IC has to be...
July 23, 2022
I.Tax:
Penalty levied u/s 271(1)(C) - exemption u/s 80-IC - income in the garb of fictitious cash sales - Assessing Officer as well as the Appellate Authority, rightly gave...
July 23, 2022
I.Tax:
Unexplained income - unexplained money under section 69A - gifts received by the assessee from brother and sister - It is a general practice followed that in time of...
July 23, 2022
I.Tax:
Addition on account of service tax that was collected but not paid - Grievance of the assessee that as he had not claimed any deduction of the amount of service-tax -...
July 23, 2022
I.Tax:
Penalty levied u/s 271F - assessee had failed to furnish return of income within due date - from the submission of assessee, we find that the assessee has a reasonable...
July 23, 2022
I.Tax:
Depreciation on power plant at written down value method as against claimed by the appellant at straight line method - There is no bar under law that a captive...
July 23, 2022
I.Tax:
Addition under Section 56(2) (x) - difference in sale consideration and stamp duty value of 7 properties sold - application of tolerance band limit - - introduction of...
July 23, 2022
I.Tax:
Revision u/s 263 by CIT - claim of higher depreciation at the rate of 30% on vehicles - Even in the 263 proceedings before Ld. Pr. CIT and in the proceedings before us,...
July 23, 2022
I.Tax:
Revision u/s 263 by CIT - A reading of the same clearly shows that after having made a contradictory observation on issue of lack of enquiry of cash deposit aspect for...
July 23, 2022
I.Tax:
Revision u/s 263 - Addition u/s 56(2)(viib) for the excess share issue price - the AO has conducted sufficient inquiry by calling all necessary details and information...
July 23, 2022
Cus.:
Seeking grant of Bail - Smuggling - Foreign Gold - Considering the value of gold already seized, the manner in which the gold were received in this country and the...
July 23, 2022
Cus.:
Seeking Conversion of shipping bills - conversion of Export Promotion Scheme from Duty Drawback (DBK) to Advance Licence - there is a clear and independent provision...
July 23, 2022
IBC:
Validity of order of NCLT admitting the application for CIRP - Although, pendency of winding-up petition before the High Court may not preclude filing of Section 7...
July 23, 2022
FEMA:
Offence under FEMA - Levy of penalty post compounding orders - We cannot hold petitioners responsible for contravention once the compounding orders have been passed. We...
July 23, 2022
C.Ex.:
Levy of penalty imposed under Rule 26 of the Central Excise Rules, 2002 - wrongful availment of CENVAT Credit - There are no whisper about any retraction or any disputes...
July 23, 2022
C.Ex.:
CENVAT Credit of 2% CVD paid - the assessee/respondents are eligible for Cenvat credit in respect of 1% or 2% CVD, as the case may be, paid under Notification No....
July 23, 2022
Indian Laws:
Appointment of Arbitrator in applications - notified claims or not - Section 11(6) of the Arbitration Act - It is observed that the learned Arbitrator shall first decide...
July 23, 2022
Indian Laws:
Dishonor of Cheque - Funds Insufficient - rebuttal of presumption - it is strange that a person with a meagre income would lend such a huge amount to someone and that...
July 22, 2022
GST:
Classification of goods - applicable rate of GST and/ or Compensation Cess - Keer Kokil/Tobacco pre-mixed with lime - Once it is held that the product is 'unmanufactured...
July 22, 2022
I.Tax:
Prosecution proceedings u/s 276CC - failure to file ITR in time - Since the law provides that without sanction u/s 278B of the IT Act, the Department cannot proceed...
July 22, 2022
I.Tax:
Deduction of bad debt written off u/s. 36(i) (vii) - lease rental - the prospects of recovery of lease rentals were quite bleak and the assessee considering that the...
July 22, 2022
I.Tax:
Revision u/s 263 by CIT - an order which is deemed to be erroneous in so far as it prejudicial to the interest of the Revenue - the AO has adopted one possible legal...
July 22, 2022
I.Tax:
Additions towards interest received from the firm on the capital deployed in the firm by the Partner - Since the assessee has already offered the income being the...
July 22, 2022
I.Tax:
Capital gain - sale of property by the legal heir with the co-owners - the assessee (as legal heir of the said property) is liable to capital gains tax during the year...
July 22, 2022
I.Tax:
Ex-parte order passed by CIT-A - Non speaking order - The exercise of the “right to be heard at the hearing of the appeal” by “the appellant, either in person or by an...
July 22, 2022
I.Tax:
Penalty u/s 271(1)(c) - Transfer Pricing adjustment made - applying the analysis of the term ‘good faith’ and ‘due diligence’ we are of the considered view that in the...
July 22, 2022
I.Tax:
Deduction u/s. 80IA(4)(v) - Claim denied as assessee did not make any claim of deduction in the original return of income and made this claim only in the revised return...
July 22, 2022
I.Tax:
Estimation of income for bogus purchases - It is settled law that in case of disputed purchases shown from such hawala dealers only the profit element embedded in such...
July 22, 2022
I.Tax:
Disallowance of land leveling expenses - the assessee filed his Return of Income in Form No. 2 which is meant for individuals & HUF, NOT having income from Business or...
July 22, 2022
IBC:
CIRP - The onus to prove the existence of fraud is on the party alleging the same and in the present case, the applicant had miserably failed to establish the same -...
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: Failure to File Appeal within prescribed period of limitation - The co...
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: Addition of unaccounted supplies in the Returns
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: Denial of input tax credit - demand of differential input tax - The co...
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: Refund claim of encashed amount by the revenue - Direction to withdraw...
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: Wrong availment of transitional Input Tax Credit - request for an adjo...
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: Validity of assessment order - Disparity in Returns - The High Court e...
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: Liability of tax arising on account of inadvertent error - mismatch be...
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: Validity of assessment order - classification of oil coolers as heat e...
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: Reopening of assessment under old regime - scope of new regime - scope...
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: Validity of Reassessment proceedings - notice issued in the course of ...
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: GST PENALTY SECTION 122
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Black Money .... Act, 2015
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