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Highlights / Annotations / Catch Notes For September of 2021
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Showing 301 to 350 of 439 Records
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September 9, 2021
S.Tax:
Power of commissioner (appeals) to remand back the case - The order under challenge is not either of the one as is mentioned in sub clause (3) of Section 35A. It is...
September 9, 2021
C.Ex.:
CENVAT Credit - input service - event management service - In fact, Vishwakarma Puja is a big festival for the workers who work on machines and they pray to the God for...
September 9, 2021
VAT:
Validity of Curtailing and whittling down the benefits with retrospective benefit - Musical Instruments - Tax exemption is a concession. Thus, exemption from payment of...
September 9, 2021
VAT:
Classification of goods - rate of tax - sales of certain equipment treated as hospital equipment or hospital furniture instead of treating them as medical equipment -...
September 8, 2021
GST:
Input tax credit - Belated filing of return by the supplier - The applicant is not entitled for input tax credit claimed by him on the invoices raised by the upplier...
September 8, 2021
GST:
Lifting of provisional attachment - passing order in form GST DRC-07 - Its like recovery under the Bombay Land Revenue Code. This is possible or rather permissible only...
September 8, 2021
GST:
Cancellation of registration of the writ petitioner - an opportunity of being heard not provided to assessee or provided on the date of public holyday - owing to the...
September 8, 2021
GST:
Refund of GST alongwith interest - interpretation and scope of mutual lease (rent) agreement -who has to bear the burden of GST - seeking direction to first respondent...
September 8, 2021
I.Tax:
Receipts from sale of carbon credit - No asset is generated in the course of business, but it is generated due to environmental concerns. It was also found that the...
September 8, 2021
I.Tax:
Reopening of assessment u/s 147 - The specific stand of the revenue is that the assessee who was a raising contractor engaged for extraction of iron ore by the lessee,...
September 8, 2021
I.Tax:
Disallowance of deprecation on Goodwill - assessee had entered into an Asset Purchase Agreement (“APA”) to acquire the Global Travel Service Centre (“GTSC”) as a going...
September 8, 2021
I.Tax:
Maintainability of appeal - low tax effect - Penalty - Since the levy of penalty by no means could be construed as an addition within the meaning of Para 10(e) of the...
September 8, 2021
I.Tax:
Penalty u/s 271(1)(c) - Defective notice u/s 274 - non specification of charge - new plea before the authorities below - In this case in hand, there is no such plea...
September 8, 2021
I.Tax:
Chargeability of capital gains on sale of land - nature of land sold - agricultural land - The development authority i. e. GUDA is a creation of statute. It cannot be...
September 8, 2021
I.Tax:
TP Adjustment - selection of MAM - RPM or TNMM or Profit Split method [PSM] - Assessee has came out with a contention that if the TNMM is to be applied, then its...
September 8, 2021
I.Tax:
Penalty u/s 271(1)(c) - disallowance of transport expenses - payment made in cash - Just because the payments were made in cash cannot be a basis to doubt the...
September 8, 2021
Cus.:
Suspension of Customs Broker License - Deemed Suspension or automatic suspension? - There is no existence of any provision of “Deemed Suspension” or “automatic...
September 8, 2021
Cus.:
Seeking provisional release of goods - Black Pepper - Goods of Sri Lankan Origin - prohibited goods or not - As it is a drastic decision to be taken by the Foreign Trade...
September 8, 2021
Cus.:
Refund claim - principles of unjust enrichment - duty of customs was paid @7.5% instead of 5% provisionally - the same has to be returned to the assessee once his books...
September 8, 2021
VAT:
Power of Tribunal to enhance the tax liability - The Tribunal is an independent adjudicatory authority having jurisdiction to determine the liability to pay tax. Under...
September 8, 2021
VAT:
Refusal to reopen the Assessment Order - rejection of declarations in Form ‘C’ which were obtained by it in the year 2020 - time limitation - While deserving cases of...
September 7, 2021
GST:
When the GST liability would arise - Valuation - business of providing works contract and construction services - development of land - the levy is imposable on the date...
September 7, 2021
GST:
The services provided by the applicant under vocational training courses recognized by National Council for Vocational Training (NCVT) or State Council of Vocational...
September 7, 2021
GST:
Contempt of court - Right of Senior Intelligence Officer to arrest the assessee as against the directions of the Court - The Directorate has misread and misconstrued the...
September 7, 2021
I.Tax:
Exemption u/s 11 - Proof of charitable object u/s 2(15) - Rule of Consistency - AO ignored the cardinal principle of judicial discipline in not adhering to the orders...
September 7, 2021
I.Tax:
Depreciation on goodwill - amalgamation - acquisition of the deferred sales tax liabilities - MOU agreed to purchase the Assets consisting the Immovable properties - On...
September 7, 2021
I.Tax:
Interest u/s 234B and 234C charged for default in payment of advance tax - assessee has submitted certificate from the Punjab National Bank that the cheques issued by...
September 7, 2021
I.Tax:
Exemption u/s 80-IC - Claim denied as no work was carried at the Baddi Unit - There is no concrete material on record which would suggest that the assessee’s claim was...
September 7, 2021
Direct Taxes:
Benami Transactions - provisional attachment of property - validity of show cause notice - for all purposes, it is only the commencement of proceedings under the Act and...
September 7, 2021
Cus.:
Classification of imported goods - chairs in disassembled form - There appears to be no doubt that the components of swivel seats/chairs proposed to imported are...
September 7, 2021
Cus.:
Undervaluation of goods - various types of Aluminium scrap imported - Jurisdiction - proper officer to issue SCN - these appeals must fail as the show cause notice(s) in...
September 7, 2021
Cus.:
Valuation of imported goods - Light Melting Scrap (LMS) - High Sea Sales - just acceptance by the importer of the enhanced value in import of some consignment, solely...
September 7, 2021
S.Tax:
Refund claim - tax liability discharged by the appellant twice - The verification report of the department itself is supporting the appellant’s contention that the same...
September 7, 2021
C.Ex.:
Levy of interest - Cenvat credit availed wrongly - In the Rule it is clearly provided that whether the credit is taken or utilized the interest will be chargeable. In...
September 7, 2021
C.Ex.:
Refund of amount appropriated during the pendency of appeal before the CESTAT - any claims made as a consequence of Appellate Order/(s) will have to pass through the...
September 7, 2021
VAT:
Claim of damage (compensation) from the department for putting plaintiff (Assessee) into unnecessary litigation - Period of limitation - The appellant did have a case...
September 7, 2021
Indian Laws:
Legislative Power to make laws with respect to Multi-State Co-operative Societies - Power of Center versus Power of State - Application of the Doctrine of Severability -...
September 7, 2021
I.Tax:
Reopening of assessment u/s 147 - Reason to believe - The objective satisfaction would be sufficient for the purpose of allowing the Assessing authority to proceed with...
September 7, 2021
I.Tax:
Reopening of assessment u/s 147 - period of limitation - The appellant having enjoyed the benefit of the interim order passed by the Hon'ble Supreme Court on 08.12.2016,...
September 7, 2021
I.Tax:
Faceless assessment u/s 144B - Natural Justice Principles' [NJP] - SCN issued calling upon writ petitioner-assessee's response by 59 minutes post 23.00 hours on...
September 7, 2021
I.Tax:
Reopening of assessment u/s 147 - Case of the petitioner is not falling within the proviso Clause (c) of explanation 2 to Section 147 of the Income Tax Act and the...
September 7, 2021
I.Tax:
Exemption u/s 10(38) - no material on record to establish the genuineness of the purchase of shares - penny stock purchases - Role of the assessee in promoting a...
September 6, 2021
GST:
Pre-deposit before filing af appeal - It is contended that, the entire tax liability has been deducted from the cash ledger, thereby the requirement of 10% of...
September 6, 2021
GST:
Seeking grant of bail - huge loss of GST, sale tax etc. - This Court is of the opinion that if the liberty of bail is granted to the accused at the present stage of...
September 6, 2021
Cus.:
Import for Mega Power Project under exemption scheme - Auto Renewal of Security deposited as Fixed Deposit - This Court is of an opinion that Auto Renewal clause is a...
September 6, 2021
Cus.:
Revocation of Customs Broker License - Proceedings for revocation of license contemplated under regulations 14 and 17 are independent of the proceedings for suspension...
September 6, 2021
VAT:
Whether the re-assessment proceedings initiated against the petitioner are barred by limitation? - The amendment made to Section 40 of the Act, cannot be construed so as...
September 6, 2021
I.Tax:
Reopening of assessment u/s 147 - It is sufficient if any one of the conditions stipulated in Proviso clause to Section 147 is satisfied for reopening of assessment. -...
September 6, 2021
I.Tax:
Reopening of assessment u/s 147 - When the assessment is sought to be reopened after the expiry of period of four years from the end of the relevant year, the proviso to...
September 6, 2021
I.Tax:
Deduction u/s 10B - ‘manufacture’ defined u/s.2(29BA) - whether sculpturing and carving of dimensional block of granites and monument amounted to manufacture ? - Held Yes - HC
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: Benami transaction - possession of a significant amount of cash - Vali...
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: Revocation of ADD imposed on Purified Terephthalic Acid (PTA) - Absenc...
H
: Admissibility of CIRP u/s 9 of the IBC - The Appellate Tribunal found ...
H
: Levy of service tax - Employees were deputed to the assessee - receivi...
H
: Levy of Service Tax with respect to Tour Operator’s Service - The Trib...
H
: Eligibility for deduction of cost of medicines incurred for providing ...
H
: Refund of Service tax paid - time limitation - The Appellate Tribunal ...
H
: Taxability of notice period recovery / pay - Declared Service or not -...
H
: Levy of interest on irregular/excess Cenvat Credit availed but not uti...
H
: Bonafide purchasers - Auction sale held in favour of appellant - sale ...
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...
N
: Amendment in the Export policy of Onions
F
: ITC of FY 2017-18 blocked
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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