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Highlights / Annotations / Catch Notes For August of 2021
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Showing 1 to 50 of 457 Records
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August 31, 2021
GST:
Classification of services - composite supply or not - services by way of construction of residential property is supplied along with the supply of 'other services' -...
August 31, 2021
GST:
Exemption from GST or not - activity of providing the hostel on the rent to various students by applicant - hostel fees charged per student per day is much less than...
August 31, 2021
Cus.:
Revocation of Customs Brokers license - smuggling of Red Sanders - CESTAT set aside the proceedings on the ground of delay in inquiry - The Tribunal completely erred in...
August 31, 2021
I.Tax:
Claiming Depreciation u/s 32 while claiming exemption u/s 11 - whether while computing income under section 11(1)(a) of the Income Tax Act, 1961, depreciation is not to...
August 31, 2021
I.Tax:
Application under Direct Tax Vivad Se Vishwas Act, 2020 (DTVSV Act). - Seeking Adjust/give credit to the amount paid by petitioner under the Income Declaration Scheme,...
August 31, 2021
I.Tax:
Rejection of Settlement application u/s 245C - allegation of Suppression of facts - Legislative intention is to ensure that the manner in which the income has been...
August 31, 2021
C.Ex.:
Clandestine removal - cigarettes - In this case, the appellant has admitted the excess stock found during the course of investigation has been procured through illicit...
August 31, 2021
S.Tax:
Renting of immovable property service - The appellant entered into agreements with the film distributors under which the film distributors granted copyright license in...
August 31, 2021
I.Tax:
Revenue expenditure - interest expenses towards delayed payment of EDC external Development Charges to HUDA - - Not to be held as penal in nature u/s 37(1) - the...
August 31, 2021
I.Tax:
Assessment u/s 153A - belated return in response to notice u/s 153A - denying carry-forward of loss - it is undisputed that no assessment was pending as on the date of...
August 31, 2021
I.Tax:
Unexplained u/s.68 - un-explained cash credit addition - Huge amount withdrawn from bank - self made vouchers for expenses - AO observed that expenses were not supported...
August 31, 2021
Cus.:
Mis-classification of imported goods - printed thermal paper rolls - Country of Origin Certificate - benefit of exemption as per N/N. 26/2000-Cus. - It is seen that the...
August 31, 2021
I.Tax:
TP Adjustment - corporate guarantee forms an international transaction or not? - Explanation to Section 92B inserted vide the Finance Act, 2012 with retrospective effect...
August 31, 2021
I.Tax:
Revision u/s 263 - Assessee company is a private limited company and it is closely held and has raised share subscription from its own directors and their wives who are...
August 31, 2021
I.Tax:
Condonation of delay - proof of reasonable cause for not filing the appeal in time before the CIT (Appeals) - Since the order was send at wrong address, the assessee was...
August 31, 2021
I.Tax:
Whether income of VCF shall be exempt only to the extent it is from the investment in venture capital undertaking ? - Exemption under section 10(23FB) and exemption...
August 31, 2021
C.Ex.:
CENVAT Credit - capital goods - input services - capital goods installed in the Research & Development wing - Admittedly the Research and Development building is not the...
August 28, 2021
GST:
Seeking release of detained machinery - Expired E-Way bill - machines used in the business of dealing - detention on the ground that the excavator had no registration in...
August 28, 2021
GST:
Seeking grant of bail - generation of invoices without actual supply of goods - the enlargement of the petitioner on bail, at this stage, is likely to hamper the...
August 28, 2021
GST:
Seeking grant of Bail - issuance of fake invoices - In appropriate cases, the detention of the Petitioner for a longer period can be ordered, even if he has undergone...
August 28, 2021
I.Tax:
Exemption u/s 11 - Registration u/s 12AA denied - manipulative treatment of funds - at the stage of registration, the CIT exemption cannot deny the registration merely...
August 28, 2021
I.Tax:
Addition u/s 40A(2) - unreasonable professional fees to spouse - AO has not examined any details and has not given any valid reason and no comparable was brought on...
August 28, 2021
I.Tax:
Disallowance of expenses and interest - When the AO required the assessee to furnish the relevant details, it was the assessee who was at fault. - Neither the AO was...
August 28, 2021
I.Tax:
Understatement of income - treatment of lease transactions as sales transaction - The Income Tax Authorities has not doubted the legal effect of the lease deed (being...
August 28, 2021
I.Tax:
Addition of interest on overdue deposits - ascertained liability or not - Additions made in the rectification proceedings u/s 154 - when the Assessing Officer himself...
August 28, 2021
Co.Law:
Requirement to deposit Stamp Duty and Registration Fee - conversion of the petitioner from ‘Partnership Firm’ to ‘Limited Liability Partnership’ - Once there is no...
August 28, 2021
IBC:
Initiation of CIRP - NCLT rejected the application - From the records it is clear that the loan amount has not come to the account of the Respondent Company. The...
August 28, 2021
S.Tax:
Delay in filing of appeal before the Commissioner (Appeals) - Non-Receipt of Order-in-original - Recovery of service tax - Even the SCN also not come to the notice of...
August 28, 2021
C.Ex.:
Recovery of refund granted erroneously - It is settled legal position that inordinate delay in adjudication results into denial of principles of natural justice. In the...
August 28, 2021
C.Ex.:
Determination of aggregate Value - SSI Exemption - inclusion of value of goods destroyed in flood in the aggregate value of clearance or not - The value of such damaged...
August 28, 2021
C.Ex.:
Reversal of cenvat credit - inputs used for the output goods supplied to BHEL under exemption for Mega Project - Job-Work - When the appellant took suo-moto re-credit,...
August 28, 2021
C.Ex.:
Interest on delayed refund - if Revenue is of the view that this amount could not be collected at that stage, the Revenue was free to refund the said amount but the...
August 28, 2021
Indian Laws:
Dishonor of Cheque - acquittal of the accused - There is no finding recorded by the learned courts below regarding service of legal notice upon the petitioner, much less...
August 28, 2021
Indian Laws:
Dishonor of cheque - maintainability of appeal - correctness of acquittal of accused - Allegation is that the complainant has misused the signed cheque which was kept in...
August 28, 2021
I.Tax:
Reopening of assessment u/s 147 - objections in reassessment proceedings - whether violation of procedures since the reopening of the assessment proved ? - correctness...
August 28, 2021
I.Tax:
Power of DRP to enhance the assessment u/s 144C(5) - The Dispute Resolution Panel being an Expert Panel, is bound to ascertain the correctness or otherwise of the Draft...
August 28, 2021
I.Tax:
Eligibility of exemption u/s 10B - Export of IT services from STP - AO observed that, assessee could not provide details of input software purchased for rendering IT...
August 28, 2021
I.Tax:
Retraction of surrender of LTCG - Transaction were accepted as bogus but later claimed as Genuine - Subsequent event of the SEBI order holding the transaction in the...
August 27, 2021
GST:
Transition of VAT Credit - the credit of the amount in Form GSTR-3B not allowed - petitioner contends that, it is into the business of non-banking financial company...
August 27, 2021
GST:
Provisional attachment of goods - bogus invoices - writ court granted relief to the respondent - as on date, the respondent have not complied with the order passed by...
August 27, 2021
Cus.:
Seizure of imported goods - Validity of seizure memo - The exercise of seizure is an interim measure pending investigation. What is evident from the affidavit-in-reply...
August 27, 2021
S.Tax:
Recovery of excess amount collected as service tax - Although show cause notice invoked the provisions of Section 73-A of the Act, but the adjudicating authority has not...
August 27, 2021
S.Tax:
Levy of service tax - liability on activity of sub-contractor when main contractor has discharged the service tax liability - the appellant / sub-contractor is liable to...
August 27, 2021
S.Tax:
Refund claim - Amount deposited during investigation - no SCN issued to the appellant either for appropriation or for rejection of the amount - the amount paid during...
August 27, 2021
S.Tax:
Refund of excess amount of service tax paid - Since post July 01, 2017, the applicability of this Rule was no more available to the appellant, the excess amount already...
August 27, 2021
C.Ex.:
Wrongful availment of CENVAT Credit - outward freight - sale on FOR basis - place of removal - Since the buyer had a right to reject the goods after receiving them at...
August 27, 2021
C.Ex.:
Recovery of erroneous Refund of interest on delayed payment of differential duty - price variation clause - Rejection on the ground that since the appellant was liable...
August 27, 2021
C.Ex.:
CENVAT Credit - input services - sale promotion - commission paid to the various financers for selling their vehicles - The financers are indirectly providing the...
August 27, 2021
I.Tax:
Interest sought to be recovered as disputed tax from the assessee in Form-3 under the DTVSV Scheme - the Respondent No.1 (CIT) Designated Authority having no power or...
August 27, 2021
I.Tax:
Assessment u/s 144B - violation of principle of natural justice - series of adjournments were granted on the prayer of the petitioner from time to time - petitioner...
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