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Highlights / Annotations / Catch Notes For August of 2019
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Showing 551 to 600 of 715 Records
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August 7, 2019
I.Tax:
Depreciation on toll way rights u/s 32(1)(ii) @ 25% - expenditure incurred by the assessee for construction of road under BOT contract by the Government of India has...
August 7, 2019
I.Tax:
Addition towards professional fees for valuation of know-how u/s 37(1) - the expenditure is not incurred for the acquisition of know-how; it is incurred only for the...
August 7, 2019
I.Tax:
Adjustment in book profit u/s 115JB - depreciation claimed on land after amortization of land which was taken for use from the State government without transferring the...
August 7, 2019
I.Tax:
Disallowance of interest u/s 36(1)(iii) - if the interest bearing funds have been utilized for the business purpose only as per the terms of the loan and nothing contra...
August 7, 2019
GST:
Recovery of VAT after repealing of VAT Act post GST - Summons for recording of statement - Section 78 of the State GST Savings Act saves the provisions of the VAT Act so...
August 7, 2019
Cus.:
Advance authorization - export obligation - belated issue of redemption certificates as poof - An importer who duly complied with such export obligations in terms of the...
August 7, 2019
Cus.:
Project imports - Levy of interest for duty foregone - failure to fulfil the export obligation - The recovery of differential duty and charging of interest confirmed -...
August 7, 2019
S.Tax:
Service tax liability on Domain Names - The transaction in domain name is a transaction in property in the goods and amounts to transaction of sale of goods - Domain...
August 7, 2019
S.Tax:
Leased Circuit Services/ Telecommunication Services - Admittedly, the provider of such service is not a Telegraph authority under the Indian Telegraph Act - no taxable...
August 7, 2019
S.Tax:
Construction of Residential Complex Service - the subcontractor is independently liable to pay service tax even though service tax liability has been discharged by the main contractor
August 7, 2019
S.Tax:
Valuation - Classification of service - non inclusion of cost recovered towards Transportation and cargo handling - demand confirmed with interest and penalty.
August 7, 2019
S.Tax:
Imposition of penalty - non-payment of service tax - It is true that ignorance of law is no excuse, but at the same time non-payment has to be with an intention to evade...
August 7, 2019
S.Tax:
Validity of SCN - When the Show Cause Notice, which is the foundation on which the department has to build up its case, is vague and lack details, it has to be held that...
August 7, 2019
C.Ex.:
Rebate / refund - export of goods - Rule 18 of the Central Excise Rules, 2002 - It was a self contained scheme - None of the conditions and limitations provided under...
August 7, 2019
C.Ex.:
Cenvat Credit - mentioning the names of their clients in the Cenvat registers - There is no prescribed format for making such registers and there is no law which debars...
August 7, 2019
I.Tax:
Arbitral Foreign Award - whether the compensation received by the decree holder towards breach of contract is liable for taxation in India as it is a “windfall gain” -...
August 6, 2019
I.Tax:
Reassessment u/s 147 - admission of grounds of appeal of the Assessee under Rule 27 of the ITAT Rules - an Assessee may not have appealed or filed a cross-objection but...
August 6, 2019
GST:
Classification of goods - Produced under license of FSSAI (Biogut Capsule, Zinc Ascorbate Syrup, Lactoin Drop) - in the light of the current Regulations laid down by...
August 6, 2019
GST:
Input tax credit - impact of post purchase discount - can avail the ITC of the full GST charged on the undiscounted supply invoice of goods/ services by their suppliers...
August 6, 2019
I.Tax:
Power of tribunal to remand - exemption u/s 11 - remitting the matters to the CIT (A) for no good reason leads to unnecessary delays and cause prejudice to the revenue...
August 6, 2019
I.Tax:
Validity of search u/s 132 - place of search - the search conducted in the premises in which the assessee may not be carrying on the business would not nullify the...
August 6, 2019
I.Tax:
Stay of demand - since allowability of deduction u/s 80P is yet to be rendered by the Appellate Authority and registered Co-operative societies functioning with...
August 6, 2019
I.Tax:
Non consideration of Compounding application - court earlier directed to consider the same - the demand notices which are issued without reference to judgment of this...
August 6, 2019
I.Tax:
Rectification of mistake u/s 254 - dismissal of Revenue’s appeal for low tax effect - Tribunal failed to note that para 10(c) of CBDT Circular which state that Revenue...
August 6, 2019
I.Tax:
Revision u/s 263 - dropping of penalty u/s 271(1)(c) - neither the assessment order nor the show cause notice in this case did specify the charges leveled, whether it is...
August 6, 2019
I.Tax:
Addition u/s 69B on account of difference in stock statement given to the Bank - the stock statement tally with the stock statement submitted to the bank at the end of...
August 6, 2019
I.Tax:
Exemption u/s 54F - assessee has sold certain property and sale proceeds received, has invested in construction of the plot belonging to her husband - since Section 54F...
August 6, 2019
I.Tax:
Deduction u/s. 54 - construction of house on land taken on lease - assessee is owner of the superstructure constructed by utilizing the capital gain and this is clear...
August 6, 2019
I.Tax:
Disallowance of service tax written off - the assessee could not utilized the input tax credit on service tax paid for rent and at the end of year such amount was...
August 6, 2019
I.Tax:
Penalty u/s 271(1)(c) - addition of deemed dividend u/s 2(22)(e) - the explanation of the transaction being commercial in nature for purchase of property - the...
August 6, 2019
Cus.:
Inspection of import - direction given to open the container, weigh the same and video graph the contents in the container in the presence of the petitioner
August 6, 2019
Cus.:
Extension of the warehousing period - 100% EOU - the warehousing period of capital goods gets extended automatically till the date of expiry of warehousing license u/s...
August 6, 2019
Cus.:
Penalty for Removal of goods from bonded premises without following proper procedure - Department has produced any evidence to prove that the goods have been...
August 6, 2019
Cus.:
CFS Operator - Unloading and loading of goods at approved places only - There is no finding that there was a breach of provision of Section 33 of the Act. Already the...
August 6, 2019
Co.Law:
Disqualification of erstwhile Director - Since the petitioner had resigned from the Board of Directors prior to 01.11.2014, he cannot be held to have been disqualified...
August 6, 2019
Co.Law:
Compounding of default - Tribunal has the power to compound the offence as brought forth in this application. In relation to the provision above it is seen that the...
August 6, 2019
S.Tax:
Scope of the contract - collection of service tax from the parties by enforcing bank guarantee - Since this is purely a contractual dispute and requires interpretation...
August 6, 2019
S.Tax:
Classification of service - the appellants are selling goods through tender and NOT through auctions. The Auctioneer’s service does not cover the service of tender
August 6, 2019
S.Tax:
Manpower Supply services - deputation/ secondment of employees from a group company - neither during the pre-negative list nor post negative list, Service Tax could not...
August 6, 2019
C.Ex.:
Demand for interest on delayed payment of duty - appellant is liable to pay the interest on the differential duty paid through supplementary invoices.
August 6, 2019
C.Ex.:
Classification of goods - Machineries and Bulkers - semi-trailor type of motor vehicles are not eligible for exemption under N/N. 6/2006-CE - Demand confirmed invoking...
August 6, 2019
Indian Laws:
Dishonor of Cheque - insufficiency of funds - the presumption u/s 139 comes into play - The accused could not rebut the presumption under Section 139 of the Act. It...
August 5, 2019
I.Tax:
Addition on account of income tax on perquisite while computing book profit u/s 115JB - non-monetary perquisites provided to employees forms part of Employee Benefit...
August 5, 2019
DGFT:
Provision for claiming additional benefits under MEIS for HS Codes for which rates were enhanced with a retrospective effect
August 5, 2019
I.Tax:
Provisional attachment to protect revenue u/s 281B - it was only meant to protect the interest of the revenue during the pendency of the assessment proceedings - after...
August 5, 2019
I.Tax:
Non-filing of a return under sections 139(1) or 139(2) - weather unabsorbed depreciation cannot be claimed in a proceeding u/s 148 - We strongly resent the wastage of...
August 5, 2019
I.Tax:
Penalty u/s 271-D - default u/s 269SS - transactions between the assessee and the Commission Agent who sale agriculture crops - receipt by the assessee against the sale...
August 5, 2019
I.Tax:
Exemption u/s 11/12 - claim denied due to non-furnishing of certificate u/s 12A - nothing has been placed by the Revenue on record to show that the Registration granted...
August 5, 2019
I.Tax:
Penalty u/s 271AAA - sum surrendered in statement recorded u/s 132(4) during the search - since assessee cannot be said to have not satisfied the condition of specifying...
August 5, 2019
I.Tax:
Depreciation on life saving equipment - @15% OR 40% - list of life saving medical equipments has been given in this Appendix on which deprecation at the rate of 40% is...
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Quick Updates:
What's New:
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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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