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Highlights / Annotations / Catch Notes For August of 2020
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Showing 201 to 250 of 336 Records
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August 17, 2020
I.Tax:
Disallowance being commission on sales paid to the shareholder Director(s) - If directors in terms of Board resolution are entitled to receive commission for rendering...
August 17, 2020
Cus.:
Levy of Ground Rent on Containers - steamer agents - scope of the term owner - distinction between storage of goods and demurrage charges - time limitation for...
August 17, 2020
Cus.:
Requirement to make pre-deposit - undue hardship in making payment - appellant contends that there has been no production, and that there are various liabilities on the...
August 17, 2020
IBC:
Approval of Resolution Plan - Corporate Debtor is MSME - CIRP process - there was compromise of confidentiality regarding liquidation value which appears to have been...
August 17, 2020
S.Tax:
Recovery of service tax - Before adjudicating the issues raised in the show-cause notice, if the respondents proceed u/s 87(b) of the Finance Act and Section 79(1)(c)(i)...
August 17, 2020
S.Tax:
Works Contract Service - composition scheme is optional at the option of the assessee - The appellant is not entitled to composition scheme as they have not opted for...
August 17, 2020
C.Ex.:
Waiver of pre-deposit - undue hardship to make the deposit - Section 35F - Undisputedly, the assessee has stopped production from the year 2013. Ever since then, there...
August 17, 2020
VAT:
Validity of assessment order - deemed assessment - 'assessment' in Section 9(2) includes reference to a deemed assessment and the timelines set out for the bar of...
August 14, 2020
GST:
Grant of Bail - evasion of GST - since the petitioner and its company has already made a request to the GST authority in the nature of compounding of the offence upon...
August 14, 2020
I.Tax:
Revenue appeal against the pure question of facts - unnecessary litigation on the part of the Revenue Authorities - In the facts and circumstances, no disallowance was...
August 14, 2020
I.Tax:
Reopening of assessment u/s 147 - Perusal of the reasons extracted elsewhere in this order only referred to the issue of classification of royalty on merits and nowhere...
August 14, 2020
I.Tax:
Evasion of income tax - Prosecution proceedings for offence under the Income Tax Act - Sequence of events only reveal that it was a continuous process for which the...
August 14, 2020
I.Tax:
Revision u/s 263 - Period of limitation - “service” of the order - From the reading of the provisions of Section 263(2) of the Act, it is clear that there is no mention...
August 14, 2020
I.Tax:
Carry forward the loss claimed in the revised return of income - the return filed by the assessee u/s. 139(5) of the Act is in accordance with law and therefore the...
August 14, 2020
I.Tax:
Estimation of income - AO has made 100% addition, whereas the CIT(A) has scaled down addition to 12.50% profit on alleged bogus purchases. - Although, both authorities...
August 14, 2020
I.Tax:
Addition of gifts u/s. 68 - genuineness of the gifts - unable to produce the donor - The document produced by the assessee that is bank statement, ITR, Gift deed, bank...
August 13, 2020
GST:
Levy of GST on Transfer Fee - Assignment of leasehold rights on land - The activity of assignment is in the nature of agreeing to transfer one’s leasehold rights. It...
August 13, 2020
GST:
Classification of goods - three-wheeled motor vehicles, commonly known as Toto - Unless it is equipped with any device like solar panels that may supply energy for its...
August 13, 2020
GST:
Rate of tax - works contract - contract for construction of channels across Hokersar Wetland along the old alignment from RD 13182m to RD 16713m of flood spill channel,...
August 13, 2020
GST:
Classification of goods - rate of GST - certain parts such as Couplers, Knuckle, Locks, Toggle, Yoke etc. - parts of railway or tramway locomotives or rolling-stock -...
August 13, 2020
I.Tax:
Release of Custody of cash invoking Section 451 of the Cr.P.C. - the apportionment of the amount as between the claimants and release of 40% of the cash amount in...
August 13, 2020
I.Tax:
Condonation of delay in filing the return of income u/s 119(2)(b) - delay in filing the return along with refund claim - There is some lapse on the part of the...
August 13, 2020
I.Tax:
Research and Development expenditure u/s 35(AB)(2) - weighted deduction at the rate of 200% - A perusal of Form 3CL appended to the typed set of documents, does not...
August 13, 2020
I.Tax:
Assessment u/s.153C - incriminating material found during the course of search or not - It is beyond the scope of our understanding that as to why figures are different...
August 13, 2020
I.Tax:
Penalty u/s 271AAB - mandatory levy of penalty on surrender of undisclosed income - it is clear that difference in stock of goods as per books and as found at the time...
August 13, 2020
Cus.:
Prevention Detention Order - Smuggling of gold - the order of detention passed for more than two grounds and if one of the grounds is not applicable or vague or...
August 13, 2020
S.Tax:
Request to postpone the recovery of service tax - pandemic COVID situation - in this pandemic situation there may be difficulties to participate in the adjudication...
August 13, 2020
S.Tax:
Refund of Service Tax - principles of unjust enrichment - the amount of service tax is included in the value of service provided, if any, payable as no service tax is...
August 13, 2020
VAT:
Refund of tax collected from the seller of diesel and deposited with the respondent-authorities, in the absence of C-Forms - The respondents are directed to forthwith...
August 13, 2020
VAT:
Validity of Estimation of turnover - The assessee sells liquor on retail, after purchasing the same from the Kerala State Beverages Corporation. The purchase value...
August 13, 2020
Indian Laws:
An appeal by a Chartered Accountant (CA) - Name of ICWAI changed to Institute of Cost Accountants of India - Usage of acronym ICOAI instead of the acronym ICAI - A...
August 12, 2020
GST:
Levy of 1% court fee on filing of Appeal before the appellate authority under GST - The constitutional validity of Section 76 of the Kerala Court Fees and Suit Valuation...
August 11, 2020
I.Tax:
Penalty u/s 271(1)(c) - when the assessee company had been assessed to tax under the deeming provisions of Sec. 115JB of the Act, therefore, on the basis of our...
August 11, 2020
I.Tax:
Addition u/s 68 - Identity of third party established - It will not before the assessee thereafter to explain further how or in what circumstances the third party...
August 11, 2020
I.Tax:
Estimation of income - Bogus purchases - Rejection of books of accounts - There is no error in the finding of the ld.CIT(A) for rejection of the books of accounts as...
August 11, 2020
I.Tax:
Deduction u/s 10AA - SEZ Unit - violation under SEZ Act, 2005 - Non submission of accounting invoices to STPI/SEZ authorities, Non approval of units by SEZ authority -...
August 11, 2020
I.Tax:
Disallowance on account of Principal NPA - Time Barred Interest on over-due NPA loan accounts - To avoid the double deduction, the proviso to section 36(1)(vii ) was...
August 11, 2020
I.Tax:
Exemption u/s 11 - Charitable activity u/s 2(15) - assessee trust was engaged in urban development and town planning - assessee is eligible to claim exemption/s. 11 of...
August 11, 2020
I.Tax:
Denial of refund of tax - Declaration of income in the return filed by the assessee is a voluntary act and admitted by the assessee which cannot be retracted...
August 11, 2020
I.Tax:
Levy of penalty u/s 271(1)(c) - disallowance of bogus purchases by applying the profit rate - Once there is no reason to disbelieve the sales made by the assessee and...
August 11, 2020
I.Tax:
Loss incurred by the assessee in purchase and sale of shares - Whether a business loss or speculation loss? - In case, the assessee has earned profit from share trading...
August 11, 2020
I.Tax:
TP Adjustment - arm’s length price of interest on short term loan granted to the AE - The fact that the assessee has provided a short term loan only for a period of 15...
August 11, 2020
I.Tax:
Nature of land sold appurtenant to the bungalow - whether agricultural land within the meaning of Section 2(14)(a)(iii) of the Act and hence, its sale proceeds are...
August 11, 2020
I.Tax:
Addition u/s 40A - rent payments have been made by the assessee company to one of its Directors, however, merely because payment has been made to a related person would...
August 11, 2020
Cus.:
Waiver of pre-deposit - section 129E of CA - The statute itself has waived 90% or 92.5% of the duty amount, as the case may be, assessed by the authorities under the...
August 11, 2020
S.Tax:
Export of services or not - Services provided outside India - Parent Company / 100% holding company - Distinct Person or not - POPOS Rules - It appears that the...
August 11, 2020
VAT:
Recovery of tax arrears from the Directors - Resignation from the post of Directors - respondent company wound up - all the petitioners, who held the status of a...
August 10, 2020
I.Tax:
Capital gain - Transfer of shares u/s 2(47) - assessee gets shares of Amalgamated Company in lieu of shares of amalgamating company - The taxable event is not just a...
August 10, 2020
I.Tax:
Disallowance on account of Vehicle and Telephone expenses - the assessee could not adduce proper evidence in support of Vehicle and Telephone expenses having been...
August 10, 2020
I.Tax:
Nature of expenses - Expenses incurred on Enterprise Resource Planning (“ERP”) and software expenses - revenue or capital expenditure - in today’s fast changing...
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: GST of skill training services
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: ITC under GST
F
: Delivery of assessment order
F
: typo error in 3B year 18-19
C
: Applicability of Notification No. 71/2023 dated 11.03.2024
C
: Enabling provisions for import of inputs that are subjected to mandato...
F
: Reconciliation of Eway bills
F
: Refund of IGST Charged and collected from Foreign Customer on Export o...
H
: Levy of penalty - non filling up of Part B of the e-Way Bill - existen...
H
: Violation of principles of natural justice - The court observed that w...
H
: Rejection of the petitioner’s claim for budgetary support - Violation ...
H
: Validity of determination of GST liability (demand) u/s 73(1) - Reject...
H
: Blocking the input tax credit against the petitioners - The High Court...
H
: Faceless Assessment Center u/s 144-B - territorial jurisdiction - The ...
H
: Non-jurisdictional AO proceeding with the assessment - decentralizatio...
H
: Deduction u/s 80-O - brandishing newspaper cuttings as proof to show i...
H
: Condonation of delay in filing of revised return of income - CBDT reje...
H
: Assessment completed u/s 144C against a petitioner/Non-Resident Indian...
H
: Exemption u/s 10(23C)(iiiad) - Threshold limit of Rs. 1 Crore - The Ap...
H
: Denial of deduction claimed under Chapter VI-A i.e. Section 80G/ 80GGA...
H
: Levy of penalties under various sections - The Appellate Tribunal, in ...
H
: Application seeking approval u/s 80G(5)(vi) rejected - Assessee is pre...
H
: Revision u/s 263 - Bogus LTCG/Share transaction - as per CIT AO failed...
A
: Mohit Agarwal Vs. CIT (All)- Appeal of assesse was earlier admitted th...
A
: DEPRECIATION ON GOODWILL
A
: Deciphering GST Notices: A Comprehensive Guide to Understanding and Re...
F
: ITC CLAIMED AFTER DUE DATE
F
: INQUIRY BY THE APPELLATE AUTHORITY
N
: Extension in Import Period for Yellow Peas under ITC (HS) Code 0713101...
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: Uploading of judicial orders related to insolvency proceedings by Inso...
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