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Highlights / Annotations / Catch Notes For March

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March 24, 2022 Case Laws Insolvency and Bankruptcy Tri

CoC and Resolution Professional blamed for CIRP delays; time exclusion granted from March 1, 2022. Next steps urged.
March 24, 2022 Case Laws Service Tax HC

Arbitral Award Challenged: Clause 37(i) Misinterpreted on Service Tax Reimbursement, Found Flawed and Illegal.
March 24, 2022 Case Laws Central Excise AT

Court Allows CENVAT Credit Claim Due to Lack of Evidence on Goods Receipt and Use of Alternative Materials.
March 23, 2022 Circulars GST

New SOP Established for Scrutiny of GST Returns for Fiscal Years 2017-18 and 2018-19 to Ensure Compliance.
March 23, 2022 Case Laws GST HC

Anticipatory bail denied for fraudulent use of inadmissible ITC; offenses deemed bailable u/s 132.
March 23, 2022 Case Laws GST HC

Police Overreach in Filing FIR for Vehicle Inspection Under GST; Only Designated Authorities Have Jurisdiction per GST Acts.
March 23, 2022 Case Laws GST AAAR

Customs Tariff Update: Jackfruit, Banana Chips, and Sharkara Varatty under Heading 2008.19.40; Halwa under 2106 90 99.
March 23, 2022 Case Laws Income Tax HC

Responding to a query during assessment implies it was considered, even if not explicitly mentioned in the order.
March 23, 2022 Case Laws Income Tax AT

ITAT Appeal Halted by CIRP Proceedings: Resolution Plan Binding on All Parties u/s 31, No Pending Appeals Justified.
March 23, 2022 Case Laws Income Tax AT

Taxpayer Fails to Prove Club Membership Fee Was for Business Purposes; Disallowance Upheld u/s 37.
March 23, 2022 Case Laws Income Tax AT

Income Tax Case Transfer u/s 127 Invalid; Notice Issued by ITO Deemed Void, ACIT Assessment Legally Invalid.
March 23, 2022 Case Laws Income Tax AT

Interest on Rs. 1.18 crore tax refund not taxable u/s 244A due to demand from 2017 assessment.
March 23, 2022 Case Laws Customs AT

Redemption fine for excess import of Canada Whole Green Peas reduced from Rs. 7.5 lakhs to Rs. 2.5 lakhs u/s 125.
March 23, 2022 Case Laws Customs AT

Revaluation of Imported Goods Overturned: Transaction Value Reinstated Due to Legal Process Violation in Valuation Case.
March 23, 2022 Case Laws Insolvency and Bankruptcy AT

Adjudicating Authority's Decision Overturned for Not Hearing RP in Delayed Claim During CIRP.
March 23, 2022 Case Laws Service Tax AT

Appeal Accepted After Exclusion of Specific Periods; Time Extensions Applied to Meet Limitation Requirements.
March 23, 2022 Case Laws Central Excise AT

Appellants Claim Adjudicating Authority Violated Judicial Discipline by Denying Cross-Examination; Demand Set Aside by Commissioner of Appeals.
March 23, 2022 Case Laws VAT and Sales Tax HC

Court Denies Rectification Under Article 226 Due to Lack of Requested Hearing and Consideration of Petitioner's Points.
March 23, 2022 Case Laws Indian Laws HC

High Court Upholds Show-Cause Notice as Compliant with RBI Master Circular on Willful Defaulters, July 2014.
March 23, 2022 Case Laws Indian Laws HC

Court Upholds Presumption of Innocence in Cheque Dishonor Case; Absence of Seal on Documents Ruled Irrelevant.
March 22, 2022 Case Laws GST HC

Court Grants Anticipatory Bail, Citing Article 21: Cooperation Can Prevent Arrest in Non-Bailable Offenses u/s 438.
March 22, 2022 Case Laws GST HC

High Court Quashes Order Blocking Electronic Credit Ledger; ITC Reversal Mechanism Suspended u/s 41.
March 22, 2022 Case Laws GST AAR

GST Application Rejected: Entrance Fees and Tolls Already Addressed u/s 98(2) of CGST Act 2017.
March 22, 2022 Case Laws GST AAR

Valuation of Supply Under GST Act Relies on Transaction Value Unless Disputed, Then Section 15 Provisions Apply.
March 22, 2022 Case Laws Income Tax HC

High Court Quashes Notice u/s 148; JAO Failed to Address Objections on Section 35(2AB) Deduction.
March 22, 2022 Case Laws Income Tax HC

Court Rules Reopening of Assessment Unjustified Due to Lack of Evidence Under Income Tax Act Section 147 Proviso.
March 22, 2022 Case Laws Income Tax HC

Income Tax Act Section 154: Correcting Obvious Errors in Assessment Orders, Including Additions and Disallowances.
March 22, 2022 Case Laws Income Tax AT

Assessing Officer Must Consider Asset Acquisition Costs in Capital Gains Calculation Unless Structures Were Demolished or Sold.
March 22, 2022 Case Laws Income Tax AT

Section 69A Cash Sales Using Demonetized Currency Post-Nov 8, 2016 Deemed Legal; Government Guarantee Upheld.
March 22, 2022 Case Laws Income Tax AT

Assessment Reopening Invalid: Audit Report Alone Can't Justify u/s 148; Full Disclosure Made by Assessee.
March 22, 2022 Case Laws Income Tax AT

Court Evaluates If Assessee's Activities Are Charitable u/s 11 of Income Tax Act for Public Utility Benefits.
March 22, 2022 Case Laws Income Tax AT

No Penalty for Non-Compliance: AO Lacked Taxpayer's Current Address in Section 142(1) Notice, Decision Deemed Reasonable.
March 22, 2022 Case Laws Customs AT

Contractual Price Prevails Over Market Fluctuations in Import Valuation; Assess Against Market Prices at Contract Time.
March 22, 2022 Case Laws Insolvency and Bankruptcy HC

Court Orders GST Registration Despite Document Delays Due to Company's Liquidation Challenges Under Insolvency Code.
March 22, 2022 Case Laws Central Excise AT

CENVAT Credit Reversal Not Applicable: Rule 3(5)(B) Inapplicable Due to Partial Inventory Write-Off in Balance Sheet.
March 22, 2022 Case Laws Central Excise AT

CENVAT Credit Can Be Availed with Railway Receipts if Conditions in Rule 3 and Documentation u/r 4A are Met.
March 22, 2022 Case Laws Indian Laws HC

Public servant sentenced to 5 years for abuse of power and disproportionate assets; accomplices also convicted u/s 7.
March 21, 2022 Case Laws GST AAR

Hostel services charge under Rs. 1000/day per student; GST may apply for shared rooms and mixed food services.
March 21, 2022 Case Laws Income Tax HC

High Court Affirms No Penalty for Appellant; No Income Concealment Found, Section 80P(2)(a)(i) Claim Addressed, Section 271(1)(c) Not Applicable.
March 21, 2022 Case Laws Income Tax AT

Court Rules Section 69 Inapplicable Due to Lack of Proof; Recompute Depreciation on Incorrect WDV Figures Instead.
March 21, 2022 Case Laws Income Tax AT

Foreign Tax Credit can't be denied due to late filing of Form 67 u/r 128; taxpayers must provide evidence.
March 21, 2022 Case Laws Income Tax AT

Receipts from PGCIL not 'fees for included services' under India-US DTAA Articles 12(4)(a) & 12(4)(b).
March 21, 2022 Case Laws Income Tax AT

Court Upholds Reopening of Assessment u/s 147 Due to Bogus Capital Gains and Fraudulent Share Transactions.
March 21, 2022 Case Laws Income Tax AT

Assessment Reopening Quashed: AO Failed to Review Records Before Reopening u/s 147; Section 68 Addition Challenged.
March 21, 2022 Case Laws Income Tax AT

Taxpayer's Interest Expenses Limited by Income Tax Act Section 57; Higher Borrowing Costs Disallowed.
March 21, 2022 Case Laws Customs HC

Exporter Gains MEIS Relief Despite Filing Error; Court Affirms Substantive Compliance Under Foreign Trade Policy 2015-2020.
March 21, 2022 Case Laws Insolvency and Bankruptcy AT

Court Upholds Resolution Plan; New Power Purchase Agreement Required Under WBERC Regulations Post-CIRP Conclusion.
March 21, 2022 Case Laws Service Tax AT

Appellant's Road Transport Without Consignment Notes and Vehicle Rentals Exempt from Service Tax under Notifications 1/2009-ST and 21/2012-ST.
March 21, 2022 Case Laws Service Tax AT

Adjudicating authorities set aside demand after acknowledging full CENVAT Credit reversal and interest payment by appellant.
March 21, 2022 Case Laws Central Excise AT

Court Rules: 12% Interest on Deposits Valid During Investigation, Not on Delayed Refunds.

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