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Highlights / Annotations / Catch Notes For August of 2023
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Showing 1 to 50 of 535 Records
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11
August 30, 2023
GST:
Validity of rejection of Advance Ruling application - application rejected without due opportunity to show cause against the reason assigned - The petition is allowed in...
August 30, 2023
GST:
Power to arrest and GST - Section 69 which is akin to Section 19 of PMLA has inherent safeguards before affecting the arrest of accused persons. Thus, taking into...
August 30, 2023
GST:
Cancellation of GST registration of petitioner - failure on the part of the petitioner to remit the admitted tax liability - Although the scheme applies to those whose...
August 30, 2023
GST:
Classification of supply - supply of treated water - effluent treatment plant promoted by dyeing units - water sold as water including natural or artificial mineral...
August 30, 2023
I.Tax:
Compounding of an offence committed u/s 276B, r/w. Section 287B - Period of limitation for filing compounding application - Decision of High Court holding that, the...
August 30, 2023
I.Tax:
Reopening of assessment u/s 147 - exemption u/s 10AA - SEZ unit - Source of profit derived - foreign exchange fluctuation gain - This case can be no better example of a...
August 30, 2023
I.Tax:
Reopening of assessment u/s 147 - review v/s reopening - AO has allowed the Long Term Capital Gains and Short Term Capital Gains claimed by the assessee considering the...
August 30, 2023
I.Tax:
Additions u/s 68 - Bogus sales - purchase of sewelleng without PAN - Taking full address and PAN of the customers who have purchased the jewellery below 2 lakhs is not...
August 30, 2023
I.Tax:
Revision u/s 263 - payment towards registration fees are not allowable as revenue expenses as per provision of section 37(1) of the Act - It is a settled law by now that...
August 30, 2023
I.Tax:
Addition u/s 56(2)(vii)(b) - Purchase of property below circle rate / stamp value - since the assessee/co-owners has made part payment (part consideration of Rs. 3...
August 30, 2023
I.Tax:
Estimation of notional rent - assessee had unsold closing stock which was kept vacant during the current Assessment Year - AO directed to estimate the rent on the basis...
August 30, 2023
Cus.:
Overvaluation of imported goods - cut and polished diamonds - There has been blatant disregard not only of the scheme of valuation, now in force and consistent with...
August 30, 2023
Cus.:
Levy of penalty - mis-conduct and moral turpitude - Customs Broker License - It is noted that it was imperative for the appellant to have with greater sincerity and due...
August 30, 2023
Cus.:
Condonation of delay in filing appeal - The appellant is a sole proprietorship firm and the Proprietor is aged about 70 years, therefore, we are of the view that the...
August 30, 2023
IBC:
CIRP - Restriction on Trespassing on a property, allegedly owned by the corporate debtor - The Impugned Order does not give any finding regarding the ownership of the...
August 30, 2023
S.Tax:
Levy of Service Tax - royalty paid to overseas entity - transferring of technical know-how cannot be equated to transfer of Intellectual Property Right and that as long...
August 30, 2023
C.Ex.:
CENVAT Credit - input services - construction and erection services in the factory - The appellant took credit on the services used in the construction of civil...
August 30, 2023
C.Ex.:
Denial of CENVAT Credit - input services on the strength of supplementary invoices - It is the first time that CENVAT credit rules made distinction between the Invoice...
August 30, 2023
VAT:
Amnesty Scheme - Considering the intention of the amnesty scheme, the interest had to be waived in respect of the tax declared under the scheme, and therefore, the...
August 30, 2023
Indian Laws:
Dishonour of Cheque - vicarious liability of Director - resignation on the date of issuance of cheques in dispute - this Court, at this stage, cannot come to a...
August 29, 2023
IBC:
CIRP - Del Credere Agent - Financial Debt or not - in the teeth of Clause 15 of the ‘Del Credere Agency Agreement’, dated 04.04.2017 and keeping in mind of a prime fact...
August 29, 2023
GST:
Refund of Input Tax Credit - goods exported - There are no reason whatsoever for denial of refund in respect of ITC pertaining to supplies made by suppliers other than...
August 29, 2023
GST:
Bonded warehouse transaction - transfer of title of goods by the Applicant to its customers or multiple transfers within the FTWZ - the supply of warehoused goods to any...
August 29, 2023
GST:
Taxability - incidental charges - Maintenance charges for usage of common facilities - as the principal supply i.e maintenance service and PIDP are taxable, interest and...
August 29, 2023
GST:
Taxability - Supply of raw water and its incidental charges - when the principal supply of raw water is exempted, recovery of interest or penalty for delayed payment of...
August 29, 2023
GST:
Classification of goods - rate of GST - HSN Code - used/running Wind Turbine Generator (WTG) / Wind Mill with accessories for sale purpose - entire unit of wind mill is...
August 29, 2023
GST:
Maintainability of Advance Ruling application - non-disclosure of enquiry / summons under Section 70 of CGST Act as 'proceedings' in the advance ruling application -...
August 29, 2023
Cus.:
Undervaluation of imported goods - MDF boards - large-scale evasion of customs duty - Section 14 of the Customs Act, 1962 - test report disclosed the samples which do...
August 29, 2023
IBC:
CIRP - Bona fide Home Buyers’ of the Villa - This ‘Tribunal’, keeping in mind of the surrounding facts and circumstances of the instant case, on a careful consideration...
August 29, 2023
IBC:
CIRP - approval the resolution plan - Present is a case where the Appellant having been given multiple opportunities to submit a Section 12-A proposal and having...
August 29, 2023
Indian Laws:
Dishonour of Cheque - Quantum of sentence / Fine - The sentence is optional, either it may be imprisonment for two years or fine which may be twice amount of the cheque...
August 29, 2023
I.Tax:
Reopening of assessment u/s 147 - reason to believe - commencement date / year for deduction u/s 80IA - Eligible from 1995 or 2000 - scope of change of opinion - We...
August 29, 2023
I.Tax:
Validity of Notice calling the petitioner for a hearing challenged in a remand back proceedings - Time limit for completion of assessments and reassessment u/s 153 -...
August 29, 2023
I.Tax:
Addition u/s 40A(3) - payments in cash towards purchases - ld.AR claimed that the payments were covered under the exception of Rule 6DD of the Income Tax Rules, 1962,...
August 29, 2023
I.Tax:
Claim of deduction of unknown liability towards customs duty - Deduction u/s 43B - Fresh claim before AO during the course of assessment proceedings - Since the assessee...
August 29, 2023
I.Tax:
Short term capital gain or long term capital gain of capital assets - sale of building with land - denying indexed cost of acquisition and indexed cost of improvement...
August 29, 2023
I.Tax:
Revision u/s 263 - assessee had utilized the unsecured loans for non business purpose and interest paid on the same has been claimed as business expenses - matter...
August 29, 2023
I.Tax:
Income deemed to accrue or arise in India - Revenue has failed to establish on record through credible evidence that the assessee has a fixed placed PE in India through...
August 29, 2023
I.Tax:
Penalty u/s 271B - delay in filing tax audit report - reasonable / bonafide cause - The assessee is not a habitual defaulter for filing the tax audit report. Therefore,...
August 29, 2023
I.Tax:
Addition u/s 69C - value of asset bought from the vendor who is alleged to be a suspicious dealer - disallowance of depreciation on the asset above - the AO cannot...
August 29, 2023
I.Tax:
Disallowance of loss on trading in Mentha oil - sale below market price - unrelated party transactions - The assessee has to arrange his business affair keeping in view...
August 29, 2023
IBC:
Approval of Resolution plan - Validity of order of NCLT issuing direction for consideration of PUFE Transaction Applications first and adjourning the Application for...
August 29, 2023
PMLA:
Money Laundering - Scheduled offences - The petitioners besides facing trial for the offences under ULA(P) Act, are also facing trial for offence under Section 121-A of...
August 29, 2023
C.Ex.:
100% EOU - Remission of duty - applicability of Rule 21 of CER on plant and machinery and raw materials which were lost and damaged in fire - if the raw...
August 28, 2023
GST:
Refund of unutilized ITC accumulated - Place / location of supply - Export of services or not - OIDAR - supply of service was to be made to M/s. Emirates Defence...
August 28, 2023
GST:
Seeking release of seized currency - Power u/s 67(2) of GST Act to seize unaccounted money - applying the principle of purposive interpretation, the power u/s 67 of the...
August 28, 2023
I.Tax:
Penalty u/s 271(1)(b) - Manner of service of notice - there is no mentioning of reasons by the A.O. in the assessment order as to why the Notice has to be served through...
August 28, 2023
I.Tax:
Income deemed to accrue or arise in India - fees for technical services - the assessee is making available RCITP all reports, analysis, tests, tables, plans, drawings or...
August 28, 2023
I.Tax:
Penalty u/s 271(1)(c) - Assessee preferred a claim which was not acceptable to the Revenue - threat of penalty cannot become a gag and/or haunt an assessee for making a...
August 28, 2023
I.Tax:
Revision u/s 263 - case of “no enquiry” - Regarding introduction of Explanation 2 to section 263, as claimed by Ld. PCIT in his order, we only need to submit that the...
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A
: TIMELINE FOR REFUND UNDER SECTION 38(3) OF THE DELHI VALUE ADDED TAX, 2004
A
: PRE-DEPOSIT & STAY OF DEMAND
F
: Addition of unaccounted supplies in the Returns
A
: Who is The Regulatory Body of GIFT City in India?
N
: Securities and Exchange Board of India (Employees Service) (Second Ame...
N
: Foreign Exchange Management (Deposit) (Fourth Amendment) Regulations, 2024.
H
: Detention of goods alongwith penalty - Expired e-way Bill - The High C...
N
: Export of food commodities through National Cooperative Exports Limite...
H
: Reversal of ITC - The High Court found that certain findings recorded ...
H
: Exemption from Tax - Classification of goods sold - emery cloth - uncl...
H
: Levy of GST on un-denatured Extra Neutral Alcohol supplied by the peti...
H
: Imposition of GST under the reverse charge mechanism on the mining lea...
N
: Seeks to further amend List 34A and List 34B in the Appendix to the Ta...
H
: Rejection of refund on the ground of delay - time limitation - The Hig...
H
: Addition u/s 68 - ITAT confirmed the additions - The High Court upheld...
H
: Validity of Reassessment proceedings - reason to believe escapement of...
H
: Faceless Assessment - Non affording a reasonable opportunity to be hea...
H
: Validity of order passed u/s 147 r.w.s.144B - availability of alternat...
H
: Validity of reassessment proceedings - non-issue of the statutory noti...
N
: Amendment in the Export policy of Onions
H
: Deduction u/s 80IAB on the disallowance of depreciation on Water-use R...
H
: Penalty u/s 271(1)(b) - Non-compliance with a notice issued u/s 142(1)...
F
: ITC of FY 2017-18 blocked
H
: Income taxable in India or not - Business of supplying reservoir simul...
H
: TP Adjustment - MAM - Management consultancy services - The tribunal n...
A
: GST APPEALS: WHAT ONE SHOULD KNOW
F
: GST PENALTY SECTION 122
C
: Entities allowed to use e-KYC Aadhaar Authentication services of UIDAI...
A
: Proper officer shall pass an order within seven days of service of not...
A
: Collection of Entry Fee from visitors for Temple Hall Exempt under GST
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