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Highlights / Annotations / Catch Notes For August of 2018
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Showing 101 to 150 of 547 Records
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August 25, 2018
I.Tax:
TDS u/s 194C - there is no express or implied contract between the assessee and the transporter. It is a case of engaging the transporters by the supplier and supply the...
August 25, 2018
Cus.:
Interest on delayed Refund of SAD - relevant date - The period of limitation sought to be imposed upon refunds claimed and a restriction on the claim for interest,...
August 25, 2018
Cus.:
Classification - Ethylene Di-chloride (EDC) - insecticide imported for a non-insecticidal purpose - EDC imported by the petitioner being not a product put up in forms or...
August 25, 2018
Cus.:
Import of medical equipments duty free - Since the conditions of exemption notification are not fulfilled by the Appellant the benefit of exemption Notification No...
August 25, 2018
C.Ex.:
Liability of Excise duty - whether the statements of the buyers can be used against the Appellants - it was not open to the Adjudicating Authority to rely upon the said...
August 25, 2018
C.Ex.:
Refund - unjust enrichment - excise duty has not been claimed from the buyer of the goods and the same has been reflected in “Excise Duty Refund Receivable Account” -...
August 25, 2018
C.Ex.:
Refund claim - unjust enrichment - it is found that refund amount, in question, had not been reflected by the respondent under the heads of account of Loans & Advances,...
August 25, 2018
VAT:
Detention of goods with vehicle - KVAT - The vehicle had evaded checking by the authorities and as is seen from the records, it had to be chased and intercepted for...
August 25, 2018
VAT:
Maintaining Duplicate copy of Invoice - Carbon copy or otherwise - When there is a specific mandate to maintain a duplicate it can only be with a carbon copy. Otherwise,...
August 25, 2018
GST:
Seeks to extend the due dates for filing FORM GSTR-3B for the months of July, 2018 and August, 2018
August 24, 2018
GST:
Seizure of goods - inter-state transit of goods - Even if the seizure is treated to be under Section 129(1) of the Central G.S.T., as there was no provision of E-Way...
August 24, 2018
I.Tax:
Validity of provisions of Section 115JB & 80IC - whether ultravires - the provisions are in accordance with law and the Government has power to introduce such provisions....
August 24, 2018
I.Tax:
Protective assessment u/s 143(3) r.w.s 153C - since the AO has made the addition substantively in the hands of HUF, in the year 2009-10 and there was no ambiguity in the...
August 24, 2018
I.Tax:
Levy of penalty u/s 271AAA - additions on account of unaccounted receipts derived from land trading and commission income - In the absence of any inquiry in this regard,...
August 24, 2018
Cus.:
Whether when the appellant has paid the entire duty amount alongwith the interest and the penalties, the proceedings would have been concluded - Held Yes.
August 24, 2018
Cus.:
Import of DVD/CD manufacturing machine - denial of benefit on the ground that the exemption notification is meant for a complete line of DVD/CD manufacturing machine and...
August 24, 2018
Cus.:
Imposition of anti-dumping duty - goods originated in China, value addition made in Sri Lanka - who would be regarded as exporter country? - when there is an aggregate...
August 24, 2018
Cus.:
Classification of indicator panel incorporating Liquid Crystal Devices (LCDs) - Since these LCD modules are not meant for electrical signaling apparatus or for indicator...
August 24, 2018
S.Tax:
Evasion of Service Tax - there is a huge amount of service tax outstanding belonging to the period when the petitioner was one of the Directors of the said Company,...
August 24, 2018
S.Tax:
Business Support Services - the gas storage facility in industrial unit are not fitting into overall scope of infrastructural support services
August 24, 2018
S.Tax:
Condonation of delay of 5 months and 3 days in filing appeal before the Commissioner (appeals) - A litigant does not stand to benefit by resorting to delay. In fact he...
August 24, 2018
S.Tax:
Jurisdiction - Refund claim - Whether the ld. CESTAT was right in law in holding that the assessee being service recipient was entitled to file the refund claim before...
August 24, 2018
S.Tax:
Recovery of amount refunded - Department did not file any appeal against the Order-in-Original granting refund to the appellant which has attained finality and cannot be...
August 24, 2018
S.Tax:
Nature of activity - manufacture or service - The activity of the appellant of strapping the wire rod mill products of their client in the factory of the client with the...
August 24, 2018
S.Tax:
Classification of service - appellants had been appointed as custodian of imported edible oils under Customs Act, 1962 and had rented/leased out their storage tanks in...
August 24, 2018
S.Tax:
Rent-a-cab Service - Even when they collected the service tax, they have not deposited with the Government. The assessee has also not filed ST-3 returns and thereby...
August 24, 2018
S.Tax:
Refund of unutilized CENVAT credit availed - The Commissioner(Appeals) has rejected the refund on mere technicalities after accepting that the appellants are eligible...
August 24, 2018
C.Ex.:
Tribunal as well as two Commissioners of Excise department exceeded the jurisdiction and committed an error in making observations against the High Court and the Supreme...
August 24, 2018
C.Ex.:
Transfer of CENVAT credit - closure of factory - having accepted the closure certificate of Gurgaon Unit, it will not be appropriate to reopen the same almost after four...
August 24, 2018
C.Ex.:
Method of valuation - manufacture of transformers as well as their installation on a turnkey basis - Captive consumption in execution of contract - The entire amount...
August 23, 2018
I.Tax:
TDS u/s 195 - Taxability of management fees paid by the appellant to UST Global - The remuneration received by the US Company for the services offered to the Indian...
August 23, 2018
I.Tax:
Speculative loss or not - the impugned loss falls under the proviso (d) to section 43(5) of the Act and therefore cannot be treated as speculative loss and as such the...
August 23, 2018
I.Tax:
Disallowance u/s 37(1) - interest paid by the assessee u/s 30(4) of the MVAT Act, 2002 is penal in nature as it has its germane to infraction of law by the dealer while...
August 23, 2018
I.Tax:
Deduction u/s 80IB(11C) - additional income offered during survey - investment in building - excess cash found - while confirming the additions, deduction 80IB(11C) disallowed.
August 23, 2018
I.Tax:
Long term Capital gain (LTCG) - transfer of property under a development agreement - in the absence of any consideration received by the assessee in the impugned...
August 23, 2018
I.Tax:
Additions made by AO and agreed upon by the assessee - Even if there is an agreed addition, the admission or surrender of that income cannot operate as a estoppels and...
August 23, 2018
I.Tax:
Revision u/s 263 - unexplained credits - set off of net loss from capital assets with cash credit - applicable rate of tax @30% u/s 115BBE on unexplained cash u/s 68 -...
August 23, 2018
I.Tax:
Validity of assessment u/s 153A instead of u/s 153C - neither a search was initiated u/s 132 nor books of account, other documents or any assets were requisitioned u/s...
August 23, 2018
I.Tax:
In case of interest income earned by an assessee, only the expenditure (not being in the nature of a capital expenditure) laid out or expended wholly and exclusively for...
August 23, 2018
I.Tax:
Nature of receipt - additions towards receipt of Corpus Fund - additions on account of Corpus contribution received by the appellant being a Trust - held as capital...
August 23, 2018
Indian Laws:
Dishonor of cheque due to stop-payment - Once the accused rebutted the presumption under Section 138 of Negotiable Instruments Act, the complainant is liable to prove...
August 23, 2018
IBC:
Corporate Insolvency Resolution Process - the Company has right in the general meeting to impose restrictions and conditions which will prevail over the powers of the...
August 23, 2018
IBC:
Corporate Insolvency Resolution Process - failure to pay dues against purchase of material - Section 9(5)(ii)(d) of the Code provides that adjudicating authority shall...
August 23, 2018
Cus.:
100% EOU - customs private bonded warehouse - the action of the appellant to remove the machinery from EOU to DTA without any permission from the authorities, is...
August 23, 2018
Cus.:
Advance Authorization - non-fulfillment of export obligation - Since the only ground on which demand was confirmed was non-submission of EODC and the same has now been...
August 23, 2018
Cus.:
Benefit of exemption - import of “Anesthesia Ventilatory System” - the impugned goods can be considered as ventilator used with anesthesia apparatus and eligible for the...
August 23, 2018
S.Tax:
BSS - Reverse charge mechanism - The activity undertaken by the Railways for granting various approvals and supervision for siding constructed by the appellant are of...
August 23, 2018
S.Tax:
Demand of Interest - Suo motto adjustment of excess service tax paid in the subsequent months - The Department should have considered the practical difficulties on...
August 23, 2018
S.Tax:
Refund of service tax paid - onstruction activity relating to villas - The residential units constructed by them were individual independent houses not covered by the...
August 23, 2018
S.Tax:
Valuation - reimbursable postage charges in sending ordinary notice, registered notice and legal notices - only with effect from May 14, 2015, by virtue of provisions of...
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: Validity of assessment order u/s 74 - The order passed based on a repo...
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: Whether the legal services provided by lawyers are covered under the C...
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: Validity of assessment order and bank attachment notice - no personal ...
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: Seeking certified copy of the order in original - export proceeds - du...
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: Time Limitation - Rejection of appeal filed by the petitioner - Physic...
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: Cancellation of registration of petitioner - The High court concluded ...
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: Penalty proceedings u/s 271(1)(c) r.w.s. 274 - additional income decla...
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: Transfer of Jurisdiction u/s 127 - File were transferred from Kolkatas...
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: Validity of o Ex parte scrutiny assessment order u/s 143(3) r.w.s. 144...
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: Monetary limit for filing an appeal before the High Court - The High C...
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: Rectification u/s 154 - Substitution of addition u/s 269SS with 69A - ...
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: Exemption from Customs Duty / concessional rate of BCD - Import of HDP...
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: Grant of approval u/s. 80G(5) - denial of approval as application was ...
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: Seamless Flow of Input Tax Credit under Goods and Services Tax Act, 2017
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: Constitution of GSTAT: A Chronological Analysis with Time Limit to fil...
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: CONDITIONS OF IBC RESOLUTION PLAN NOT TO BE INTERFERED WITH
C
: E-Waste (Management) Rules, 2022 — Regarding release of imported consi...
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: Undertaking from the producers (who includes the Importer) of the base...
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: Securities and Exchange Board of India (Listing Obligations and Disclo...
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: Liability to pay GST under RCM goes beyond taxable territory
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