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Highlights / Annotations / Catch Notes For September of 2020
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Showing 201 to 250 of 415 Records
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September 15, 2020
I.Tax:
Correct head of income - Rental income - where, in the terms of memorandum of association, the main object of the assessee given was to acquire properties and earn...
September 15, 2020
I.Tax:
Unexplained income - difference between the turnover declared by the assessee and the turnover declared in form 26AS - Once the assessment of the assessee was completed...
September 15, 2020
I.Tax:
The interest expenditure correlating to the interest paid by the assessee firm on the funds borrowed is to be disallowed u/s 36(1)(iii), to the extent, the same were...
September 15, 2020
I.Tax:
Penalty u/s 271AAB - Defects in the notice issued u/s 274 - CIT(A) reduced the penalty to 10% applying provisions of Section 271AAB(a) of the Act as against penalty...
September 15, 2020
Cus.:
Valuation of imported goods - Commissioner (Appeals) allowed the appeal accepting the declared value - The assessing officer have been making enhancement in a routine...
September 15, 2020
Cus.:
Benefit of exemption - certificate of origin - The rejection of certificate of origin is bad as it was a case of minor discrepancy and was fit to be ignored in terms of...
September 15, 2020
IBC:
Initiation of disciplinary proceedings - complaint against the IP by the petitioner - Regulation 7(3) of IBC - Merely informing the petitioner as has been done in the...
September 15, 2020
IBC:
Initiation of CIRP - Outstanding dues and Adjustment of retention money - The IBC is not a substitute for a recovery forum. - Since there was a dispute existing prior to...
September 15, 2020
C.Ex.:
Classification of goods - RBD Palm Stearin - Making a wrong claim of classification, per se, is neither fraud nor collusion nor wilful misstatement nor suppression of...
September 14, 2020
GST:
Revocation of cancelled petitioner's GST registration - The cancellation of registration in the instant case is under Section 29(2)(a) of the CGST Act and the order...
September 14, 2020
GST:
Profiteering - supply of Services by way of admission to exhibition of cinematography films where the price of admission ticket - there has been a reduction in the rate...
September 14, 2020
I.Tax:
Advance ruling system for residents - it appropriate to recommend to the Central Government to consider the efficacy of the advance tax ruling system and make it more...
September 14, 2020
I.Tax:
Interest income of the appellant-Corporation - income from other sources u/s 56 or Business income u/s 28 - The business activity of the appellant-Corporation is really...
September 14, 2020
I.Tax:
Addition u/s 40A(3) - cash payments made by the assessee to the agriculturists/farmers for purchase of land - CIT-A have found that the assessee has failed to prove the...
September 14, 2020
I.Tax:
Exemption u/s 54EC - Since assessee had invested ₹ 71 lakhs in two different financial years and within six months from the date of transfer of the capital assets,...
September 14, 2020
I.Tax:
Addition on account of deemed dividend u/s 2(22)(e) - Admittedly, the assessee company is registered with stock exchange and fulfill all the conditions of Section 2(18)...
September 14, 2020
I.Tax:
Exemption u/s 11 - income applied outside India - Proper application for approval u/s 11(1)(c) - When the Assessing Officer appeared before us in person, he did not even...
September 14, 2020
I.Tax:
Disallowance of Travelling and conveyance expenses appearing as credit card payment in the AIR - No doubt, the taxpayer is having details of expenses claimed as...
September 14, 2020
Cus.:
Confiscation - imposition of redemption fine and penalties - mis-declaration of imported goods - the overseas supper had wrongly shipped different types of goods -...
September 14, 2020
VAT:
Levy of penalty - Evidently there was no intention on the part of the assessee to evade or avoid taxes and therefore, levy of 15% penalty being totally illegal is...
September 14, 2020
Cus.:
Under-valuation of import goods - Since the investigations with regard to alleged fraud committed in exportation of goods in the originating country, has not attained...
September 14, 2020
Cus.:
The adjudicating authority has lost sight of the fact that the appellant's company is an artificial or non-human entity, cannot function or operate without involvement...
September 14, 2020
S.Tax:
Proof of payment of service tax - challans copies do not have legible bank seal - since the said challans are supported with CBEC website payment confirmation, there is...
September 14, 2020
Co.Law:
Restoration of the name of the Company in the Register of Companies - The present petition is filed by the shareholder-cum-promoters of the Company and is within the...
September 14, 2020
Co.Law:
Restoration of name of respondent in the Registrar of Companies - allowing this petition would only enable the petitioner (Income Tax Department) to conduct further...
September 12, 2020
I.Tax:
Penalty u/s 271D and 271E - violation of provision of section 269SS and 269T - Loan or deposits in Cash - Belief on the part of the assessee in view of the past history...
September 12, 2020
I.Tax:
Assessment u/s 147 - Additions u/s 68 - The regular assessment and block assessment are both separate proceedings and even can run parallel - assessee has failed to...
September 12, 2020
I.Tax:
Status of a trust/AOP - Valid status - assessee trust is a revocable trust - provisions of Sec. 61 to 63 of the Act would be applicable to it - there would be no legal...
September 12, 2020
I.Tax:
TDS u/s 194A - Disallowance u/s.40(a)(ia) - non-deduction of tax at source on interest paid to some of the members, which were held to be not legal members - whether...
September 12, 2020
I.Tax:
Exemption u/s 11 - undue benefit in lieu of salary and allowances to the persons specified u/s 13(3) - In the present case, even if it is held that there is violation of...
September 12, 2020
Cus.:
Provisional release of car imported - whether the imported vehicle is a brand new one or it is a second hand model - When the statute itself provides for provisional...
September 12, 2020
Cus.:
Levy of Penalty u/s 112 (a) of the Customs Act on the employees of CHA - The appellant was working as per the instructions given to him by his senior. There is no case...
September 12, 2020
Co.Law:
Restoration of name of company - The Appellant has been able to satisfy this bench that it has certain assets which necessitate and justify the restoration of its name...
September 12, 2020
Co.Law:
Voluntary revision of financial statements - Income Recognition - NPA - Section 131 of the Companies Act, 2013 - The petitioner-company fulfilled the requirements under...
September 12, 2020
Co.Law:
Non-conduct of Annual General Meeting - In view of the mandatory requirement under the provisions of the Companies Act, 2013 and in view of the paramount interest of the...
September 12, 2020
IBC:
Initiation of CIRP - It is true that after invocation of the pledge, Shares were transferred in dematerialised form in the DP Account of SBI CAP Trustee Company Ltd. and...
September 12, 2020
IBC:
Approval of Resolution Plan - CIRP process - dissenting financial creditors - No financial creditor either assenting or dissenting can challenge a Resolution Plan, as...
September 12, 2020
S.Tax:
Refund of accumulated credit - ascertainment of eligible refund under Rule 5 - In both the numerator and denominator, the amount of export turnover have to be considered...
September 12, 2020
S.Tax:
Refund of Service Tax - Club or Association Service - principles of Unjust Enrichment - The fact that the appellant has passed on the tax element to its service...
September 12, 2020
S.Tax:
Club and Association Service - The ‘club or association’ was earlier defined under section 65(25a) and 65(25aa) to mean ‘any person’ or ‘body or persons’ providing...
September 12, 2020
Wealth-tax:
Wealth Tax Liability - Whether Club can be treated as "Association of Person"? - Charging provisions under the Income Tax versus under the Wealth Tax - This argument of...
September 12, 2020
Wealth-tax:
Wealth Tax Liability - Whether Club can be treated as "Association of Person"? - Section 21AA has been introduced in order to prevent tax evasion - The Bangalore Club is...
September 11, 2020
GST:
Period of limitation for filing an appeal - whether the appellate authority was justified in rejecting the appeal on the ground of limitation or not? - there was no...
September 11, 2020
GST:
Grant of Bail - pre trial detention of accused - In view of the allegations of creating fake firms and claiming such fraudulent input tax credit and routing them through...
September 11, 2020
GST:
Refund of Service Tax - cancellation of booking of flat - Even if the payment is in the nature of service tax, the date of cancellation of flat will be considered as the...
September 11, 2020
I.Tax:
Exemption u/s 11 - Whether the appellant is entitled to a registration u/s 12AA - rejected the application on the ground that the assessee's activity of imparting...
September 11, 2020
Cus.:
Constitutional Validity of Section 25(4) of the Customs Act, 1962 as amended Finance Act, 2016 - Increase in duty on crude palm oil from 30% to 44% - Electronic...
September 11, 2020
Indian Laws:
Conduct of investigation by the police officer who himself is the complainant - NDPS - There is no reason to doubt the credibility of the informant and doubt the entire...
September 11, 2020
I.Tax:
Deduction u/s 54 - whether advance payment made by the assessee for the purchase of a residential flat would constitute a part of purchase or not, when such advance is...
September 11, 2020
I.Tax:
Estimation of income - bogus purchases - We admit additional evidence being MVAT paid by the assessee for the concerned assessment years on the impugned purchases. We...
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F
: PAYMENT TO CINE OR TV ARTISTS. LIABILITY UNDER RCM
H
: Rejection of application for registration u/s 12AA(1)(ac)(iii) r.w.s 8...
H
: Estimation of income - bogus purchases - The Tribunal recognized the a...
H
: Penalty u/s 270A - allegation of misreporting as per section 270A(9) -...
H
: Delay in filling appeal before ITAT - delay of 105 days - The Tribunal...
H
: Retraction of statement given during survey - evidentiary value of sta...
A
: REFUND OF ITC ON EXPORT OF GOODS WITHOUT PAYMENT OF TAX – RULE 89(4) O...
A
: FILING APPEAL AS PER THE DIRECTIONS OF HIGH COURT
A
: Understand the Contrasts between Government and Public Limited Companies
A
: PIL challenging provisions of 101st Constitutional Amendment Act relat...
N
: Exemption from specified income U/s 10(46) – ‘Kerala Autorickshaw Work...
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: Additions on the basis of material seized during the search in case of...
H
: Refund of EDD - Period of limitation - Appellant unaware of finalisati...
H
: Enhancement of value - old and used worn clothing, completely fumigate...
H
: Classification of imported goods - Optical Transceiver - Benefit exemp...
H
: Valuation of imported Goods - Allowance of discount of 25% to appellan...
H
: Initiation of CIRP - Maintainability of application filed u/s 9 of the...
H
: CIRP - Validity of deed of assignment of lease - Authority of RP to Is...
H
: Rejection of Section 7 Application - NPA - Corporate Debtor unable to ...
H
: Extended period of Limitation - suppression of facts or not - The Trib...
H
: Refund of CENVAT Credit - Discretion Power of the refund sanctioning a...
C
: Unauthorised foreign exchange transactions
C
: Partial modification of Circular No. 3 of 2023 dated 28.03.2023 regard...
A
: Excess or Short Payment of Customs Duty on Import of goods into India
A
: AVAILABILITY OF GOOD FAITH CLAUSE IN SECTION 157 OF THE GST ACT TO THE...
A
: Understanding the Scope of Accounting.
A
: GST not payable on amount recovered from permanent employees for cante...
A
: GST COLLECTION – NET COLLECTION DESERVE PUBLICATION/ REPORTING INSTEAD...
A
: Demand should not be raised when negative taxable and invoice value ar...
A
: Various Types Of Trusts and Their Importance
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