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Highlights / Annotations / Catch Notes For September of 2019
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Showing 1 to 50 of 510 Records
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September 30, 2019
Cus.:
Clarification regarding Duty Drawback allowed in cases of short realization of export proceeds due to bank charges deducted by foreign banks
September 30, 2019
Cus.:
Clarification regarding applicability of All Industry Rates of Duty Drawback while fixing Brand rate of Duty Drawback in post GST Era issued by the C.B.I.T.& C., New...
September 30, 2019
SEBI:
Securities and Exchange Board of India (Issue and Listing of Debt Securities by Municipalities) (Amendment) Regulations, 2019.
September 30, 2019
Cus.:
Valuation of imported goods - necessary software had to be embedded in the equipment - the Department was right in invoking principle under Note 4 to Section XVI of the...
September 30, 2019
Indian Laws:
Seizure and recovery of Contraband - poppy straw - The conclusion drawn by the High Court was completely unsustainable and the High Court erred in extending the benefit...
September 30, 2019
I.Tax:
Exemption claimed u/s 10(25)(iii) - approved superannuation fund - The learned Tribunal was justified in upholding the exemption irrespective of the fact that the...
September 30, 2019
I.Tax:
Capital gain u/s 45(4) in partnership firm on retirement of a partner - dissolution/reconstitution of partnership firm - the provisions of Section 45(4) would not be...
September 30, 2019
I.Tax:
Penalty u/s 271D and 271E - violation of Sections 269SS and 269T - repeated mistake - penalty for earlier years was dropped - Tribunal fell in error in upholding the...
September 30, 2019
GST:
Grant of regular bail - fraudulent availment and utilization of Input tax Credit - bail should not be granted in such like cases of economic offences merely on the...
September 30, 2019
C.Ex.:
Adjustment of duty excess paid and short paid - provisional assessment sought for many years, but not done - as there is no such provision in law, such relief cannot be granted.
September 30, 2019
Cus.:
Refund of SAD - N/N. 102/2007-Cus - all conditions including the time limit within which the refund claim has to be filed must be fulfilled. - The refund applications of...
September 30, 2019
I.Tax:
Addition on stock difference or understatement of sundry debtors - assessee has over stated the values by inflating the unit rates to increase the value of closing stock...
September 30, 2019
I.Tax:
Condonation of delay - delay of 11˝ years - on the basis of findings in the order for subsequent year, appeal was filed for earlier year before CIT(A) - it is noticed...
September 30, 2019
I.Tax:
Validity of Notice u/s 143(2) - period of limitation - notice issued by an officer who had no jurisdiction over the assessee - Notice suffered from an inherent lacuna...
September 30, 2019
I.Tax:
LTCG - Exemption u/s 54 - assessee and her husband purchased the new property in their son’s name - the new residential house need not be purchased by the assessee in...
September 30, 2019
S.Tax:
GTA Service - Demand of service tax on transportation of palm oil fruit - whether the same is a fruit entitled for the exemption - Any produce of a tree which is the...
September 30, 2019
GST:
Profiteering - project “Paramount Emotions” situated in GH-05A, Sector 1, Greater Noida - benefit of Input tax credit not passed on - reduction in the price of flat -...
September 28, 2019
I.Tax:
Clarification on delay in filing of Form No.10B for AY 2016-17 and AY 2017-18 - Board's order under section 119(2) of the Income-tax Act, 1961
September 28, 2019
I.Tax:
Extension of the due date from 30th September, 2019 to 31st October 2019 for filing of ITR - However no extension for making payment of Tax and interest liability u/s...
September 28, 2019
I.Tax:
Credit for tax deducted at source for the purposes of section 199 - Rule 37BA of the Income-tax Rules, 1962 - As amended
September 28, 2019
GST:
Validity of assessment orders passed pursuant to a best judgment assessment - Section 62 of the GST Act - Default in filing of returns - pray for filing of belated returns rejected - HC
September 28, 2019
GST:
Pre-Deposit - Appealable order before tribunal but tribunal yet to be constituted under GST - pray allowed to make a pre-condition for filing the appeal - HC
September 28, 2019
I.Tax:
Addition u/s 68 - unsecured cash credit - Why he did not put the entire savings in the bank and why he retained a sum of ₹ 2,40,000/- with him in cash? - He is...
September 28, 2019
I.Tax:
Recovery proceedings u/s 226(3)(iii) - attachment (Lien) of bank account - No notice issued to joint account holder - The mandatory requirement is not complied with by...
September 28, 2019
I.Tax:
Addition u/s 40A(3) on account of payment in cash expenditure of ₹ 5 Lacs - Demand draft was made but the party refused to accept - The purpose of section 40A (3)...
September 28, 2019
I.Tax:
Computation of LTCG - adoption of value u/s 50C - there is no value fixed by the Stamp Valuation Authority as there was no sale deed. -as the properties at Chowbaga...
September 28, 2019
I.Tax:
TDS u/s 194H - commission - payment of one time non-refundable premium to bank for purchase of gold - this transaction of payment of one time premium would effectively...
September 28, 2019
I.Tax:
Bad & doubtful debt or mere Provisions were made - provisions u/s.36(1) (vii) and 36(1) (viia) are separate and independent to each other - CIT(A) has rightly observed...
September 28, 2019
I.Tax:
MAT - Adjustments to Book Profit - CIT(A) failed to consider the binding precedent and allowed the adjustment beyond what is provided in Explanation to Section 115JB by...
September 28, 2019
Cus.:
Classification of imported goods - Coco Jelly - Clearly the impugned goods cannot be classified under CTSH 2106 90 99 and would merit classification under CTSH 1704 90 90 only.
September 28, 2019
Cus.:
Imposition of penalty on Customs Broker - It was alleged against the appellant that they had not obtained any authorization or document from Importer on behalf of whom...
September 28, 2019
IBC:
Resolution Process - exclusion of 35 days of delay in appointing the ‘Resolution Professional’ in place of the ‘Interim Resolution Professional’ and the period during...
September 28, 2019
I.Tax:
Order u/s 143 (3) r.w.s.144 C in the name of the predecessor of the amalgamated company - The basis on which jurisdiction was invoked was fundamentally at odds with the...
September 28, 2019
Indian Laws:
Complaint against the Chartered Accountant (CA) after 7 years of audit - the complaint should not be entertained as the auditors are not bound to keep their working...
September 28, 2019
I.Tax:
Addition on account for cash deposits in Bank account - deposits from a close friend of assessee's father who is no longer alive - only evidence which the assessee could...
September 28, 2019
I.Tax:
Jurisdiction of AO for service of notice u/s 143(2) - Difference in address as per PAN records and Income Tax Return (ITR) - even if presumed to be by jurisdictional...
September 28, 2019
I.Tax:
Creation of HUF - The moment a person is born into a family, HUF is created and if the land holdings were in the joint names of the family members, the assessee also...
September 28, 2019
PMLA:
Money Laundering - attachment of properties - Since the charge-sheet/prosecution complaint has not been filed under the provision of Section 8(3)(a) of the Act within...
September 28, 2019
C.Ex.:
CENVAT Credit - capital goods - Only because the flay ash handling plant is situated 60 kms. away from the factory premises of the Appellant, it cannot be a ground to...
September 28, 2019
I.Tax:
Interest u/s. 244A on self assessment tax - Whether no interest u/s. 244A of the Act is allowable on the refund due to the assessee on the self-assessment tax? -...
September 28, 2019
S.Tax:
Whether the Appellant is liable to pay interest under Section 75 of the Finance Act, 1994? - The Appellant prior to the issue of show cause notice, on being pointed by...
September 27, 2019
I.Tax:
Clarifications in respect of filling-up of return forms for the Assessment Year 2019-20
September 27, 2019
GST:
Detention of goods alongwith the truck - E-way bills of three parties not generated - the impugned order is totally bereft of any reasons, in the absence of which the...
September 27, 2019
GST:
Best Judgement Assessment under GST - failure to file returns within time - This Court may not be justified in granting an extension of the period contemplated u/s...
September 27, 2019
GST:
Attachment of property - Bank accounts and immovable property - The properties in respect of which the prohibition order has been passed were not found at the premises...
September 27, 2019
I.Tax:
Leave encashment expenditure - the appellant did not raise any such plea before the Tribunal. In any event, even if such a plea were to be raised, there is little that...
September 27, 2019
I.Tax:
Eligibility of benefit u/s 54 - re-investment in residential property outside India, i.e. in London in this particular case - the said amendment is prospective and would...
September 27, 2019
I.Tax:
Assessee firm converted into Private Limited Company - Addition on account of Sales Tax refund - Since the assessee firm exist in assessment year under appeal and also...
September 27, 2019
I.Tax:
Additions based on declaration made during the course of search - Surrender for various group concerns and not specifically for the assessee - Additions cannot be...
September 27, 2019
Cus.:
Provisional release of export goods - modification of conditions stipulated in respect of execution of bank guarantee - It is the duty of this Court to safeguard the...
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Quick Updates:
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H
: Addition u/s. 56(2)(viib) - transaction of sale of agricultural land -...
H
: Addition u/s 68 OR 41(1) - unexplained cash credit - Cessation of liab...
H
: Condonation of delay in filling appeal before CIT(A) - CIT(A) dismissi...
H
: Demand of custom duty and imposition of penalty - non payment of duty ...
H
: Import of Alkalised Cocoa Powder from Malaysia - Denied FTA benefit - ...
H
: Levy of Penalty u/s 112 (a) and (b) and 114AA of the Customs Act, 1962...
H
: Misdeclaration in the quantity of goods imported - enhancement of the ...
H
: Maintainability of appeal - non-prosecution of the case - matter adjou...
H
: Professional Misconduct by CA - Liability of the Engagement Partner (E...
H
: Jurisdiction of NCLT - Constitution of its Benches - Competency of Mem...
H
: Admission of Section 7 application - Assignment Agreement - Proper sta...
F
: CMP 08 and Annual return
F
: Addition of unaccounted supplies in the Returns
H
: Liquidation of corporate Debtor - Eligibility of the Appellant to subm...
H
: Short payment of Central Excise Duty - The Appellate Tribunal conclude...
A
: Roving Judgements!
A
: Assessee would be considered as electronic commerce operator when digi...
H
: Recovery of dues by adjusting them against the refund amount - Delay i...
H
: Dishonour of Cheque - Vicarious liability of the Company Secretary - T...
F
: Section 17(2) Rule 42
F
: Refund of IGST Charged and collected from Foreign Customer on Export o...
F
: Penalty under Section 73(1) of CGST Act, 2017
F
: QUANTUM OF PENALTY UNDER THE IGST ACT
F
: refund of amount deposited through DRC-03
F
: ITC of FY 2017-18 blocked
F
: Export Services without LUT
A
: DISTINCTION BETWEEN DEATH OF PLAINTIFF AND DEFENDANT DURING PENDENCY O...
A
: A Comprehensive Guide to Inter-State and Intra-State Supply
A
: Intermediary Services Nexus with Export of Services
A
: Assessment Order not valid when Petitioner could not file reply due to...
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