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Highlights / Annotations / Catch Notes For August of 2019
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Showing 1 to 50 of 715 Records
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August 31, 2019
Cus.:
Demand of interest on recovery of excess duty drawback claim - Section 75A(2) - when the petitioner realized that there was an excess claim and grant of drawback, he had...
August 31, 2019
Cus.:
Revocation of CHA licence - forfeiture of security deposit - period of limitation for issuing SCN - Once the notice was sent out of the office of issuing authority, it...
August 31, 2019
S.Tax:
Voluntary Compliance Entitlement Scheme - the Department have enough evidence to prove that the VCES declaration made by the appellant for financial year 2009-2010,...
August 31, 2019
S.Tax:
Service tax on turnover achieved through the main contractor - in the case of works contract there is one transaction, one sale. The work may be done either by the main...
August 31, 2019
C.Ex.:
Principles of natural justice - The remand cannot be ordered in such a casual manner, particularly, in a matter in which the CESTAT itself records that the Adjudicating...
August 31, 2019
I.Tax:
Income–tax (Fifth Amendment) Rules, 2019 - deemed application for allotment of permanent account number where Aadhaar number has been furnished or intimated or quoted in lieu of PAN
August 31, 2019
GST:
Requirement of pre-deposit of 10% of the disputed amount u/s 107(6) of the CGST Act - the disputed amount now remains secure through the Bank Guarantee furnished, hence...
August 31, 2019
I.Tax:
Penalty u/s 271(1)(c) - addition u/s 68 on gift received - AO had discarded and doubted the genuineness of gifts on ground of human probabilities and no authority has...
August 31, 2019
I.Tax:
Revision u/s 263 - non consideration of the provisions of Section 40(a)(i-a) in respect of land development expenses - the CIT had proceeded to remand the matter back to...
August 31, 2019
I.Tax:
Validity of the order passed u/s 143(3) r.w.s 144C - since the AO issued notice of demand at the stage of the draft order, which, actually ought to have been done at the...
August 31, 2019
I.Tax:
Allowability of set off of unabsorbed depreciation with ‘Income from house property’ and ‘income from other sources’ - duly allowable
August 31, 2019
I.Tax:
Penalty u/s 271D - default of provisions of section 269SS - recording of satisfaction - since the assessment order as well as the order of the JCIT are devoid of any...
August 31, 2019
I.Tax:
Addition of service tax payable u/s 43B - not debited to the P&L A/c - once the assessee has not claimed it as an expenditure, the disallowance of the same u/s 43B of...
August 31, 2019
I.Tax:
Deprecation on goodwill - assessee has fully written off goodwill in the books of accounts - section 32(1)mandates that the block of assets should exists to claim...
August 31, 2019
I.Tax:
Condonation of delay of 27 months - factory premises was under attachment by the Excise department - Neither the AO has acted in a fair manner nor the assessee has...
August 31, 2019
I.Tax:
TDS u/s 194C - flight handling charges - being the beneficial provision second proviso to sect. 40(a)(ia) r.w. first proviso to sect. 201(1) inserted w.e.f. 1.4.2013...
August 31, 2019
I.Tax:
Addition u/s 68 - conversion of preference share into equity share - the only doubt is that the value of share premium charged is not truly reflecting the intrinsic...
August 31, 2019
I.Tax:
Revision u/s 263 - Non-submission of form 3CEB electronically - as result of non filing the case of the assessee could not be referred to the TPO by the AO - ld. Pr. CIT...
August 31, 2019
Cus.:
Release of imported goods from Pakistan - the Petitioners placed import orders prior to 16.02.2019 and received goods in India on or before 16.02.2019, admittedly before...
August 31, 2019
Cus.:
Cancellation of CHA License - there is no corroborative evidence or statement of anybody that the CHA had information, knowledge or has connived in the alleged forgery...
August 31, 2019
Cus.:
Limitation - a period of more than 7 years has expired from the date of SCN by DRI - in the absence of passing any order in terms of proviso to Section 28(9) or Section...
August 31, 2019
C.Ex.:
Inordinate delay in adjudication of SCN - delay of eleven years from issuance of SCN - the petitioner cannot be blamed for non adjudication of the SCN as he had never...
August 31, 2019
Indian Laws:
Dishonor of cheque - seeking 20% of the amount of dishonoured cheque as interim compensation - The said Section was inserted in the statute Book on 1/9/2018 whereas in...
August 31, 2019
I.Tax:
Addition to the valuation of unsold flats - the valuation of unsold stock at the close of an accounting period is a necessary part of the process of determining the...
August 31, 2019
I.Tax:
Inclusion of land in Working of cost of the real estate development project - if the cost of land is included in the percentage of the project completion, then it would...
August 30, 2019
C.Ex.:
Circular on Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019
August 30, 2019
GST:
Classification of goods - Salwar/Churidhar sets - three pieces consisting of (1) unstitched Salwar(bottom), (2) laced/ hemmed/ knotted duppata and (3) Semi-stitched...
August 30, 2019
GST:
Contempt of court or not - rejection of petitioner's request for belated uploading FORM GST TRAN-1 by the Nodal officer - The authority decide that “the request of...
August 30, 2019
GST:
Scope of supply - the ownership of asset remains with the applicant, it is evident that the execution of works requiring deposit works is a facilitation for the access/...
August 30, 2019
GST:
Rectification of mistake that has been crept in GSTR-3B - Whether the return in Form GSTR-3B is a return u/s 39 - The petitioner is permitted to rectify GSTR 3B...
August 30, 2019
Cus.:
Project import - Recovery of Interest on delayed payment of duty - The Union of India never challenged the order in original or any of its provisions before any...
August 30, 2019
Cus.:
Principles of Natural Justice - ex-parte decision - sufficient efforts are apparent on the part of the adjudicating authority to serve repeated reminders to the...
August 30, 2019
I.Tax:
Reopening of assessment u/s 147 - where queries have been raised during the assessment proceedings and the assessee has responded to the same, then the non-discussion of...
August 30, 2019
I.Tax:
Addition u/s 68 - share application money alongwith premium - in response of the AO notices u/s 131/133(6) all investors having replied and support of the correctness of...
August 30, 2019
I.Tax:
Disallowance u/s 40(a)(ia) - since amendment to section 194A(3)(V) operates prospectively w.e.f. 01.06.2015, the assessee, being a Co-operative Bank, is not required to...
August 30, 2019
I.Tax:
Carry forward and set off of MAT credit - MAT credit available to the assessee prior to demerger, even though, the same is arised on account of SEZ units, the credit for...
August 30, 2019
I.Tax:
Revision u/s 263 - turnover mismatch - assessee explained that If, you add back sales turnover and interest income, then there would be no difference in turnover...
August 30, 2019
I.Tax:
Condonation of the delay of 65 days - the pendency of the rectification proceedings before the AO and the assessee’s expectation that the issue could be sorted out at...
August 30, 2019
I.Tax:
TDS u/s 194J - the payment made to resident towards annual license fee paid for the renewal of Microsoft software - Clause (ba) to the Explanation to section 194J...
August 30, 2019
I.Tax:
Bogus LTCG - exemption u/s 10(38) - penny stock transactions - when as per the AO’s own observation the source as well as source of source for receipt of sale...
August 30, 2019
I.Tax:
Reopening of assessment - account transfer of foreign bequest(gift) made in earlier year to Sri Lanka based bank account to India - the assessee is yet to enjoy a clear...
August 30, 2019
I.Tax:
Addition on account of default in deducting TDS u/s 194C - the payment made through labour sardars does not warrant deduction of TDS as they are not suppliers of labours...
August 30, 2019
I.Tax:
Reassessment u/s. 147 - non availability of file containing reasons to believe - there is no material brought to our notice that reasons were recorded before issue of...
August 30, 2019
I.Tax:
Validity of notice u/s 148 - escapement of income can not be presumed on the basis of non-compliance or lack of compliance or even no compliance of the Letters of...
August 30, 2019
I.Tax:
Validity of notice u/s 148 - if the reasons recorded, upon being challenged at any stage of proceedings fails to withstand the test of judicial scrutiny, in that...
August 30, 2019
S.Tax:
Service tax - reimbursement of advertisement expenses and other sales promotion expenses - since expenses reimbursed on actual basis for achieving the Sales target,...
August 30, 2019
S.Tax:
Supply of Tangible Goods Service - renting of refrigerators to their dealers/ distributors - in view of clarification issued by the Board that supply of tangible goods...
August 30, 2019
C.Ex.:
Principles of Natural Justice - non-speaking order - there are no discussion in the impugned order on merits as to why the development cost incurred by the petitioner...
August 30, 2019
C.Ex.:
CENVAT Credit - input services - the foreign agents were rendering the services not only post-sales or post-export but were engaged in the activities of exploring the...
August 30, 2019
VAT:
Reopening of assessment - once an order, which has been passed and has been confirmed by this Court under the provision of the Act, the case in hand, then in absence of...
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H
: Reopening of assessment u/s 147 - second re-assessment notice u/s 148A...
H
: Reopening of assessment u/s 147 - non independent application of mind ...
C
: Extension period for 3 months to Ortho-phosphoric Acid which is used f...
H
: TDS u/s 194H - Higher rate of TDS @20% in absence of PAN - Commission ...
H
: Validity of assessment order u/s. 147 r.w.s 144 - Assessee being Non-R...
F
: PAYMENT TO CINE OR TV ARTISTS. LIABILITY UNDER RCM
H
: Denial of deduction u/s. 10(23C) - Despite the filing of Form 10B duri...
H
: Rectification u/s 154 - Characterization of receipts - Exemption of in...
H
: Reopening of assessment u/s 147 - absence of valid approval to be obta...
H
: Revision u/s 263 - debatable issue - taxability of interest received b...
H
: Deduction u/s 80P2(a)(i) - Interest on fixed deposits - The Appellate ...
N
: Streamlining of Halal Certification Process for Meat and Meat Products
H
: Revocation of Customs Broker license - The Tribunal found no evidence ...
H
: Valuation of exported CD ROMS - Import of goods by availing excess exp...
H
: Seeking grant of bail - custody for more than 41 days - Smuggling - Go...
H
: Approval of scheme of amalgamation - Application of the Alter Ego Prin...
H
: Arbitral Proceedings - Computation of one-year period for completing t...
H
: Rejection of application filed by the Appellant (Suspended Director) b...
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...
F
: Bill To a Overseas Company Supply of goods Locally
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...
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