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Highlights / Annotations / Catch Notes For September of 2020
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Showing 251 to 300 of 415 Records
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September 11, 2020
I.Tax:
Section 43B is applicable in the case of sales tax and excise duty but same could not be in case of service tax: CIT (A) held that assessee never allowed deduction on...
September 11, 2020
I.Tax:
Order u/s. 143(3) as barred by limitation - 30/12/2017 and 31/12/2017 were Saturday and Sunday being Government holidays. Being so, the assessment order was rightly sent...
September 11, 2020
I.Tax:
Scope of the enquiry in a limited scrutiny - The cost of construction, or its indexation, though related to the computation of capital gains, cannot be said to be...
September 11, 2020
I.Tax:
Under-valuation of closing stock - The onus to establish escapement of income is on the Revenue, which it has completely failed to, with there being no charge of the...
September 11, 2020
I.Tax:
Denying the benefit u/s 91 - Tax Credit - Income accrue in India - assessee being “Resident but not Ordinarily Resident" is not a “Resident in India” - persons who are...
September 11, 2020
I.Tax:
Revision u/s 263 - No error in the action of AO in not travelling to other issues for making addition once no addition was made on the issue for which assessment was...
September 11, 2020
Indian Laws:
Smuggling - offence under Section 20(b)(ii)(B) of Narcotic Drugs & Psychotropic Substances Act, 1985 (NDPS) - There is no law that the evidence of police officials,...
September 11, 2020
Cus.:
Jurisdiction - power of Deputy Commissioner (Customs) to freeze the Bank Accounts of petitioner - The impugned order was passed before the amendment in Section 110(5) of...
September 11, 2020
VAT:
Concessional benefit of tax - purchase of High Speed Diesel - C form - Upon enquiry with the Assessing Authorities, they have been informed that the benefit of the...
September 11, 2020
FEMA:
Seizure and attachment of the bank account - Since it is an admitted fact that the subject matter bank account is not so far issued with any order of attachment or...
September 11, 2020
Cus.:
Extension / renewal of the letter of approval - Rule 18(4)(d) of the Special Economic Zones Rules, 2006 - Whether the Board of Approval could have rejected the...
September 11, 2020
S.Tax:
Refund of service tax - SEZ unit - Admittedly, appellant have paid the service tax under reverse charge and produced the challan, and further they have rightly...
September 11, 2020
Cus.:
Imposition of penalty u/s 114 AA of Customs Act for abatement - Textile Broker - allegation that appellant facilatated in inflating the FOB value for the purpose of...
September 11, 2020
IBC:
Approval of Resolution Plan - Prior permission of the CCI was not obtained - the Adjudicating Authority was conscious of CCI approval and hence, ignoring the fact that...
September 11, 2020
C.Ex.:
Valuation - undervaluation - “Polo” and “Vento” models of their car - related party transaction - interconnected undertakings - Mutuality of Interest - It is found that...
September 10, 2020
GST:
Cancellation of GST registration of petitioner - while giving the reason for cancellation of the registration, it is mentioned that no reply has been received from the...
September 10, 2020
Cus.:
DFIA Scheme - Legality of import of ‘sweet whey powder’ - Actual User Condition - The ‘duty-free import authorizations’ procured by the appellant-importer had been made...
September 10, 2020
Co.Law:
Restoration of name of respondent in the Registrar of Companies - The Appellant has been able to satisfy this bench that it has certain assets which necessitate and...
September 10, 2020
IBC:
Jurisdiction - power of liquidator to sell the immovable properties and actionable claims of the Corporate Debtor - Distribution of Sale Proceeds - In view of the...
September 10, 2020
Co.Law:
Restoration of name of Company - Aggrieved person is Income Tax Department - The instant application would not lie under section 252(3) of the Companies Act, 2013;...
September 10, 2020
S.Tax:
Non-payment of Service Tax - Man Power Recruitment and Supply Agency Services - Petitioner failed to account the amount of service provided to various customers during...
September 10, 2020
S.Tax:
CENVAT Credit - input services - Merely for the reason that the break-up of premium amount is shown in the policy, the fact that remains is that the policy is one and...
September 10, 2020
GST:
Levy of GST - Lease Service - The question of charging or not charging GST for the transaction between the applicant and the Company does not arise as the applicant...
September 10, 2020
GST:
Maintainability of application for advance ruling - investigation by the Directorate of GST Intelligence against the applicant, with regard to mis-classification of...
September 10, 2020
GST:
Input Tax Credit - GST charged by service provider on hiring of bus/motor vehicle for transportation of employees to & from workplace - ITC is not admissible to...
September 10, 2020
GST:
Levy of GST - Since the applicant is not supplying any services to its employees, in view of Schedule III mentioned above, we are of the opinion that GST is not...
September 10, 2020
Cus.:
Validity of Compounding Order passed by the Compounding Authority - there is no demand of redemption fine against the appellants. In this view, there is no case of...
September 10, 2020
S.Tax:
Refund of Advance Service tax paid - refund claimed on the ground that there was absolutely no service provided - service to self due to amalgamation - When the amount...
September 10, 2020
I.Tax:
Transfer Pricing Adjustment - adjustment against AMP expenditure - Bright Line Test (BLT) - BLT method as adopted by Ld. TPO was not a valid method to benchmark the...
September 10, 2020
IBC:
Initiation of insolvency resolution of a personal guarantor of the Corporate debtors - The law doesn't envisage that the insolvency resolution of the personal guarantor...
September 10, 2020
I.Tax:
Validity of initiation of proceedings u/s 148 - what cannot be done directly cannot be done indirectly - If any material was found relating to the assessee during the...
September 9, 2020
GST:
GST Input credit - supply of various reagents/ medical consumables (goods) in addition to provision of diagnostic services - the applicant is eligible for input tax...
September 9, 2020
I.Tax:
Genuineness of expenditure - payment in cash for temporary employees - Due credence should be given to the Memorandum of Settlement recorded in the presence of the...
September 9, 2020
I.Tax:
Fixation of the value of the second-hand windmill - Depreciation on windmill - Tribunal observed that valuations may be relevant in ordinary circumstances, but when...
September 9, 2020
I.Tax:
Disallowance u/s 43B - Deduction of Security Transaction Tax (STT) against the transaction of trading - Undisputedly, petitioner had not deposited the amount deducted as...
September 9, 2020
I.Tax:
Amount received by the assessee on maturity of the Keyman Insurance Policy - not eligible to claim exemption u/s 10(10D) - Legislature in its own wisdom never intended...
September 9, 2020
I.Tax:
Personal expenses - Disallowance of vehicle, conveyance and telephone expenses @ 10% - without establishing the fact that a part of the expenditure incurred by the...
September 9, 2020
I.Tax:
Disallowance of credit of TDS under intimation u/s 143(1 ) - no reasons are assigned for a disallowance - It is only reasons that infuse life into the action of any...
September 9, 2020
I.Tax:
Disallowance of sub-contract payments for land development expenses - accommodation entries for income and expenditure both - Assessee have not executed any work except...
September 9, 2020
I.Tax:
Depreciation on vehicles u/s 32 - @30% or 50% - special rate of depreciation - assessee has claimed depreciation @ 50% i.e. on tankers - Since the assessing officer has...
September 9, 2020
Cus.:
Request for issuance of 'Demurrage cum Detention Waiver Certificate' (DDWC) - There are no justification on the part of the Appellate Authority in deferring to consider...
September 9, 2020
Cus.:
Validity of Show cause notice issued in 2011 - long pending issue - Reasonable period of limitation for adjudication of case - The fact that the petitioner has...
September 9, 2020
Cus.:
Levy of penalty on Customs Broker u/s 114 and 114AA of the Customs Act, 1962 - allegation that appellant had helped in claiming false drawback by misdeclaration - -...
September 9, 2020
Co.Law:
Qualification/disqualification of some of the independent Board of Directors - misappropriation of funds - infact the dispute is a family dispute. The Board of Directors...
September 9, 2020
IBC:
Liquidation of Corporate Debtor - no resolution plan was received during the CIRP proceedings - The Adjudicating Authority has rightly observed that even after pushing...
September 9, 2020
C.Ex.:
CENVAT Credit - Allegation of fake purchases - The allegation of Revenue are vague and are proved wrong - Adjudicating Authority is directed to grant the refund of...
September 9, 2020
C.Ex.:
Transfer of CENVAT Credit - closure of Delhi unit & merger with its Baddi unit - Rule 10 of CCR - prima-facie with respect to claim of the appellant or request for...
September 9, 2020
Indian Laws:
Direction to deposit 20% of the cheque amount in terms of Sec. 143-A of the Negotiable Instruments Act - the trial court was fully justified in invoking the said...
September 8, 2020
GST:
Classification of services - Tour Operator service or not - rate of tax - local transportation services along-with services like sightseeing, tour guide, elephant ride...
September 8, 2020
GST:
Refund of unutilized IGST credit lying in Electronic Credit Ledger - It is the case of the petitioner that being a SEZ unit making zero rated supplies under the GST, the...
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Quick Updates:
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: INQUIRY BY THE APPELLATE AUTHORITY
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: Applicable rate of tax (GST) - Classification of goods - mango pulp su...
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: Exemption from GST - pure services or supply of goods to the Notified ...
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: Interest Liability on Electronic Credit Ledger Payments - Seeking levy...
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: Recovery of short paid duty alongwith interest and penalty - The petit...
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: Validity of assessment order - reply to the ASTM-10 notice was not tak...
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: Refund of the unutilized ITC of GST Compensation Cess on coal - zero r...
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: Classification of the mixed spices - classification accepted under the...
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: Imposition of GST on vouchers - The petitioner, involved in managing c...
H
: Validity of assessment order - The High Court opined that the challeng...
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: Refund claim - determination of the turn over for the purpose of refun...
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: Grant of Regular Bail - In a case where the State sought to challenge ...
H
: Delay in filing the appeal - Time Limitation - petition delayed for al...
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: Cancellation of GST registration of the petitioner - The High Court ex...
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: Availing and utilization of Input Tax Credit - The applicant had initi...
F
: Penalty under Section 73(1) of CGST Act, 2017
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: Addition u/s 68 - unexplained share application money - genuineness an...
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: Refund of IGST Charged and collected from Foreign Customer on Export o...
F
: sales Against 0.1% GST- if export not done within 90 Days
F
: PAYMENT TO CINE OR TV ARTISTS. LIABILITY UNDER RCM
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: Collection of Entry Fee from visitors for Temple Hall Exempt under GST
A
: State-wise Professional Tax Payment Deadlines in India: A Comprehensiv...
A
: Low tax effect in pending appeals- The administrative role to withdraw...
F
: ITC of FY 2017-18 blocked
C
: Clarification on the applicability of 3% amount on account of non-achi...
C
: Suspension of inoperative SIONs
N
: Amendment in the Export policy of Onions
N
: Seeks to amend specified customs tariff notifications to exempt applic...
A
: How to become a crorepati via SIP
C
: Master Direction – Risk Management and Inter-Bank Dealings: Amendments
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Black Money .... Act, 2015
Black Money .... Rules, 2015
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