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Highlights / Annotations / Catch Notes For August of 2019
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Showing 201 to 250 of 715 Records
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August 23, 2019
I.Tax:
Penalty u/s. 271(1)(c) - inadvertent omission of not excluding the short term loss u/s. 94(7) - AO has completed the assessment on the basis of details furnished by the...
August 23, 2019
I.Tax:
Disallowance of the year end provision - non deduction of TDS - mere passing of the book entries, which are reversed on the 1st day of the subsequent year, would not...
August 23, 2019
I.Tax:
Addition of deemed dividend u/s 2(22)(e) - advances by the company was for purchase of land - when the transaction does not fall in the category of loan or advance in...
August 23, 2019
I.Tax:
Addition u/s 68 - recovery of the sale consideration - the notices issued u/s 133(6) were returned - once the assessee sold the goods, the buyer of the goods becomes the...
August 23, 2019
I.Tax:
Deduction u/s 54B - sale consideration received through post-dated cheques - the period of six month or condition of investment prior to the filing of ROI is applicable...
August 23, 2019
I.Tax:
Addition u/s 68 - unexplained cash credit - even if the creditworthiness of the investors is not proved, even then it will not automatically give license to the AO to...
August 23, 2019
I.Tax:
Income accrued in India - Executive search fee - neither taxable in the nature of ‘fee for technical services’ under Article 12(5)(a) or (b) nor as ‘Royalty’ under...
August 23, 2019
I.Tax:
Registration u/s.12AA - when the objects of the Assessee are charitable in nature being solely for the purpose of education and all activities spring from and are to be...
August 23, 2019
Cus.:
Imposition of penalties u/s 114 of the Customs Act, 1962 - illegal exports of rice from India - the entire case of the Revenue is based upon the statements for which...
August 23, 2019
IBC:
Initiation of CIRP - financial creditor or not - Validity of cash transactions - ‘if a statute provides for a thing to be done in a particular manner, then it has to he...
August 23, 2019
S.Tax:
Confirmation of demand of service on the basis of earlier period - The demand for period may not necessarily be confirmed on the basis of the demand for earlier period...
August 23, 2019
S.Tax:
Scope of SCN - The SCN has raised objection only with regard to aspect of unjust enrichment, Whereas, the Adjudicating Authority as well as the Ld. Commissioner...
August 23, 2019
S.Tax:
Levy of service tax - on Surrender Charges, which are deducted from fund value, as per policy provisions for pre-mature withdrawal from the scheme - no service can be...
August 23, 2019
C.Ex.:
CENVAT Credit - duty paid on exempted goods - Classification of inputs - the ‘Shrink Sleeves’ which were inputs of the Respondents are chargeable to duty and not...
August 23, 2019
C.Ex.:
Revival of abandoned SCN - gap between 14 to 17 years - even if, notices can be kept in the call book to avoid multiplicity of the proceedings, yet the principle of...
August 23, 2019
C.Ex.:
Time Limitation - demand of interest - even where no period of limitation is provided for recovery of interest, yet a reasonable period has to be read into the provision...
August 23, 2019
C.Ex.:
CENVAT Credit - commission paid to the Del Credere Agent - the services provided by Del Credere Agents is Business Auxiliary Service and the same is for the promotion of...
August 23, 2019
C.Ex.:
Demand of duty on differential value - processed fabrics was sold by the ‘job-worker’ to the principal manufacturer who sold them to other buyers - having accepted the...
August 23, 2019
C.Ex.:
Levy of interest on differential duty - the consideration for sale of goods is received through a retrospective increase in the price of the goods - the interest has to...
August 23, 2019
Indian Laws:
Dishonor of Cheque - appropriate forum for recovery of money - the court cannot be used by either side to protract and prolong the proceedings as if it were executing...
August 22, 2019
C.Ex.:
Sabka Vishwas (Legacy Dispute Resolution)Scheme (SVLDRS), 2019 comes into force w.e.f. 1.9.2019
August 22, 2019
GST:
Seeks to extend the due date for furnishing FORM GSTR-3B for the month of July, 2019.
August 22, 2019
GST:
Classification of goods - Power Bank - the battery combined with the charge management system and the voltage boost convertor constitute the Power Bank to perform the...
August 22, 2019
GST:
Seeking copies of documents seized u/s 67(2) of the CGST Act and copy of statement recorded - assessee made written request to provide copies - department directed to...
August 22, 2019
I.Tax:
Revocation of certificates issued u/s 68(2) of VDIS - misrepresentation of Facts - since there is prohibition under VDIS, that when the amount so declared is already...
August 22, 2019
I.Tax:
TP Adjustment - detailed chart shows dissimilarities between the Infosys BPO and the Assessee on several counts such as Infosys provides business process management...
August 22, 2019
I.Tax:
Reassessment Notice u/s 148 - even assuming that at the time notice was issued the Respondent was not fully aware of all the relevant facts, once the Petitioner...
August 22, 2019
I.Tax:
Raising objection by the third party against Condonation of delay in filing the income tax returns by CBDT- one voter(petitioner) objected condonation against Member of...
August 22, 2019
I.Tax:
Extensive renovation expenditure on leased premises - capital or revenue - in view of Explanation 1 to Section 32, it has become immaterial as to whether the assessee is...
August 22, 2019
I.Tax:
Penalty u/s 271(1)(c) - TP addition - if the assessee computed the ALP of the international transaction as per the manner prescribed in good faith and due diligence then...
August 22, 2019
I.Tax:
Rectification u/s 154 - setting off of losses while allowing deduction u/s 80IA - whether the loss from the eligible units can be set off from the profits of other...
August 22, 2019
I.Tax:
Bogus purchases - AO has brought out clear facts in the light of information received from ST Department coupled with further enquiries that purchases from above two...
August 22, 2019
I.Tax:
Genuineness of short term capital loss and set off with LTCG - on the basis of same documents neither purchase of CCDs nor sale of CCDs to related concerns are doubted...
August 22, 2019
I.Tax:
Addition on account of non-reconciliation of Form 26AS - business of advertisement agency - the assessee reports only the commission portion as its income in its P & L...
August 22, 2019
I.Tax:
TP Adjustment - adhoc adjustment - duty of the TPO is restricted only to the determination of the ALP of an international transaction between two related parties by...
August 22, 2019
I.Tax:
Maintainability of appeal before the CIT(A) - non payment of admitted taxes on the returned income before filing appeal u/s 249(4)(a) - stipulation as to the payment of...
August 22, 2019
Cus.:
Extension of Export Obligation period - EPCG Authorization Scheme - Foreign Trade Policy - seeking prospective extension for a period of 2 years from the date of the...
August 22, 2019
IBC:
Section 14 of the IBC - admission or stay of counter claim - the Court has to see whether the purpose and intent behind the imposition of moratorium is being satisfied...
August 22, 2019
IBC:
Initiation of CIRP - Liquidation process - preference of workmen for payment of dues - the provident fund, the pension fund and the gratuity fund do not come within the...
August 22, 2019
IBC:
Initiation of CIRP - financial creditor or not - Admittedly the appellant, IHFL, has disbursed the amount for consideration of time value of money in favour of borrower,...
August 22, 2019
S.Tax:
The treatment of entire amount that has been spent towards the acquisition of land, by no stretch of imagination, can be treated as value towards the alleged service -...
August 22, 2019
S.Tax:
Whether the 51% equity stake which has been granted to the appellant by the Implementation Agreement, in the JV company, could be treated as ‘Business Auxiliary Service’...
August 22, 2019
S.Tax:
Penalty u/s Section 78 of the Finance Act - the tax liability was discharged on receipt of consideration instead at the time of raising of the invoices - the appellant...
August 22, 2019
C.Ex.:
Reopening of proceedings u/s 11A of CEA - service tax on freight paid on outward transportation up to the place of removal - If the law was subsequently declared in...
August 22, 2019
VAT:
Reopening of assessment - time limitation - DVAT Act - Revenue has sought to make no distinction between the liability under the DVAT and that under the CST Act. In...
August 22, 2019
Indian Laws:
Dishonor of Cheque - prosecution u/s 138 - With the evidence adduced by the complainant, the courts below ought to have raised the presumption u/s 139 - The defence of...
August 22, 2019
I.Tax:
Valuation by DVO - the adjustment made by the Assessing Officer basis the valuation report so submitted by the DVO cannot be accepted as the same suffer from serious...
August 21, 2019
I.Tax:
Levy of penalty u/s.271(1)(c) - bogus purchases - AO has not brought out any cogent specific reason for imposing penalty - Penalty cannot be levied on assumption, there...
August 21, 2019
I.Tax:
Addition u/s 68 - treatment of bank passbook as a 'books of account' - the bank account or bank passbook of an assessee cannot be held as the latters 'books of account',...
August 21, 2019
State GST:
Clarification regarding filing of application for revocation of cancellation of registration in terms of Removal of Difficulty Order (ROD) number 05/2019-State Tax dated 08.05.2019
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Quick Updates:
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H
: Validity Of Order passed u/s 73 - cryptic order - The High Court found...
H
: Validity Of Order passed u/s 73 - Denial of ITC with respect to the su...
F
: PAYMENT TO CINE OR TV ARTISTS. LIABILITY UNDER RCM
H
: Demand of late fee u/s 47(1) of the CGST / SGST Act - delay in filing ...
H
: Transitional credit - Unutilized amount of Advanced VAT paid - The cou...
H
: Validity of Reassessment notices issued unsigned - maintainability of ...
H
: Unexplained cash credit u/s 68 - The Court highlighted that transactio...
H
: LTCG - Receipt of additional amount towards TDR - treatment to receipt...
H
: Validity of Assessment order u/s 147 r.w.s. 144B - Procedural Irregula...
C
: Extension of due date for filing of Form No. 10A/10AB under the Income...
H
: Condonation of delay - substantial delay of 166 days before ITAT - The...
H
: Income deemed to accrue or arise in India - Attribution of Profit to p...
H
: Condonation of delay - Delay in filling of an appeal before ITAT - The...
H
: LTCG - Determination of Fair Market Value (FMV) - The Assessing Office...
N
: Export of 2,000 MT of White Onion under Code 0703 10 19
F
: Sec 16(4) Reversal of ITC when 3B is filed belatedly
C
: Ease of Doing Business: Text on Contract Note with respect to Fit and ...
H
: Rejection of application for registration u/s 12AA(1)(ac)(iii) r.w.s 8...
H
: Estimation of income - bogus purchases - The Tribunal recognized the a...
H
: Penalty u/s 270A - allegation of misreporting as per section 270A(9) -...
A
: REFUND OF ITC ON EXPORT OF GOODS WITHOUT PAYMENT OF TAX – RULE 89(4) O...
A
: FILING APPEAL AS PER THE DIRECTIONS OF HIGH COURT
A
: Understand the Contrasts between Government and Public Limited Companies
A
: PIL challenging provisions of 101st Constitutional Amendment Act relat...
N
: Exemption from specified income U/s 10(46) – ‘Kerala Autorickshaw Work...
C
: Unauthorised foreign exchange transactions
A
: Excess or Short Payment of Customs Duty on Import of goods into India
A
: AVAILABILITY OF GOOD FAITH CLAUSE IN SECTION 157 OF THE GST ACT TO THE...
A
: Understanding the Scope of Accounting.
A
: GST not payable on amount recovered from permanent employees for cante...
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