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Highlights / Annotations / Catch Notes For August of 2020
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Showing 151 to 200 of 336 Records
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August 20, 2020
IBC:
Initiation of CIRP - Corporate Debtor failed to make repayment of its dues - existence of dispute - The existence of dispute must be pre-existing i.e. it must exist......
August 20, 2020
IBC:
Initiation of CIRP - Corporate Debtor failed to make repayment of its debt - pre-existing dispute or not - each P.O./W.O. Constitutes separate contract having separate......
August 20, 2020
IBC:
Replacement of IRP - Appointment of Resolution Professional - the COC has the requisite powers to propose change of the Interim Resolution Professional even in meeting/s....
August 20, 2020
Indian Laws:
Grant of Bail - Misappropriation / forgery of receipt of depositing the amount as service tax by the Accountant and Manager of the firm - Looking to the gravity of......
August 19, 2020
GST:
Raid - validity of search and seizure proceedings - attachment of Bank Accounts - the said principle does not apply insofar as an attachment made to protect the interest....
August 19, 2020
GST:
Raid - validity of search and seizure proceedings - Section 67 of the CGST Act - simultaneous proceedings of investigation when audit in progress - there are no......
August 19, 2020
I.Tax:
Belated filing of ITR - offences u/s 276(c)(c) - Admittedly, the respondent on the inspection dated 18.12.2012, had seized the relevant book of accounts and as such the.....
August 19, 2020
I.Tax:
TDS u/s 192 or 195 - salary paid to expatriates - assessee has deducted tax at source u/s 192 of the Act. On the given facts of the case, we are of the considered......
August 19, 2020
I.Tax:
Draft assessment order u/s 144C in the name of a non-existent company - amalgamation of the company under the scheme of merger - the draft order framed u/s 144C(1) of......
August 19, 2020
I.Tax:
Revision u/s 263 - Addition u/s 68 - second revisional jurisdiction of Pr. CIT - Whether the AO (called second AO) has not conducted enquiry while framing re-assessment.....
August 19, 2020
I.Tax:
Addition u/s 68 - Unexplained cash credit - it is to be construed that no amount in real sense has been found to be credited in the accounts of the assessee for the......
August 19, 2020
I.Tax:
Fee u/s 234E - CIT(A) deleted the fee - where the TDS statement has been processed by the CPC and while processing the same, fee u/s 234E has been levied having tax......
August 19, 2020
Cus.:
Import of Foreign Flag Vessel - Appellants have not been able to provide any definitive proof to show that during the period in dispute the vessel did proceed to a place....
August 19, 2020
IBC:
Hearing of petition before NCLAT - matter listed for hearing on virtual mode - grievance is that it should not be partly physical and partly through virtual hearing -......
August 19, 2020
IBC:
Initiation of CIRP - Settlement of disputes between the parties - where interests of the majority of stakeholders are in serious jeopardy, it would be inappropriate to......
August 19, 2020
IBC:
Maintainability of application - initiation of CIRP - Period of limitation after default - the Adjudicating Authority relied on the balance sheet to hold that there was.....
August 19, 2020
GST:
Classification of goods - masks and sanitizers - classified as ‘Essential Commodity’ under the Essential Commodity Act, 1955 or not - seeking reduction of rate of GST......
August 19, 2020
Indian Laws:
Dishonor of Cheque - insufficiency of funds - rebuttal of presumption - The defence taken by the accused that the loan transaction was with the father of the complainant....
August 18, 2020
GST:
Grant of Anticipatory Bail - Petitioner is the landlord of the premises where his tenant, who runs a factory, allegedly evaded the tax by clandestine sale of Pan......
August 18, 2020
GST:
Levy of penalty - Profiteering - purchase of flat - It is apparent from the perusal of Section 122 (1) (i) that the violation of the provisions of Section 171 (1) is not....
August 18, 2020
I.Tax:
Condonation of delay in filing an appeal before ITAT - in the facts and circumstances of the case, the explanation for the delay offered by the appellant cannot be said.....
August 18, 2020
I.Tax:
Claim of exemption u/s 11 - the project under contract with RBI for setting up of the financial museum by the assessee does not reflect discharging of any formal and......
August 18, 2020
I.Tax:
Exemption u/s 11 - application for registration u/s 12AA rejected - The quantum of fee/subscription only without any other corroborating finding establishing that the......
August 18, 2020
I.Tax:
Claim of expenditure against interest Income - Since, we hold in principle that the expenditure is allowable either way u/s 57, if the income is treated under the head......
August 18, 2020
I.Tax:
Denial of exemption u/s 54F - LTCG - No case law has been brought to our notice wherein two distinctly placed properties have been allowed for claim of deduction u/s 54F....
August 18, 2020
I.Tax:
Power of CIT-A - Procedure in Appeal u/s 250 - Valuation of property - whether the assessee can take an additional ground at appellate stage even when the same has not......
August 18, 2020
Cus.:
Amendment in shipping bills - MEIS benefits - since the Revenue does not have any case that the conditions stipulated in Section 149 are not existing, there can be no......
August 18, 2020
Cus.:
Principles of Natural Justice - Extension of period of issuance of SCN after seizure of goods - the right of the petitioners has not been prejudiced or taken away in......
August 18, 2020
IBC:
Invocation of performance guarantee - CIRP proceedings - the Adjudicating Authority passed the Order that “the performance guarantee given by the bankers on behalf of......
August 18, 2020
IBC:
Resolution of Corporate Insolvency approved by the Committee of Creditors - Claim of Customs Duty and other dues after de-bonding / de-notification of SEZ unit - it is......
August 18, 2020
IBC:
Claim of Tax Dues after the Approval of Resolution Plan - CIRP process - Operational Debt or not - no claim was filed by the Appellants before the Resolution......
August 18, 2020
IBC:
Maintainability of application - initiation of CIRP - Period of limitation - the legislative policy now is to move away from the concept of “inability to pay debts” to......
August 18, 2020
S.Tax:
Rejection of Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 - Quantification of demand before the cut of date - a liberal interpretation has to be given to the......
August 18, 2020
VAT:
Principles of Natural Justice - once there is a finding on identical transactions given by the Appellate Authority in respect of two Assessment Years in the case of an......
August 18, 2020
IBC:
Jurisdiction of Adjudicating Authority - withdrawal of approved Resolution Plan - after due deliberations, when the 1st Respondent/’Resolution Applicant’ had accepted......
August 18, 2020
IBC:
Maintainability of application - initiation of CIRP - Period of limitation - when part payment is made before the expiration of the prescribed period of limitation by......
August 17, 2020
GST:
Release of detained goods - detention on the ground that the consignment was not supported by the original invoice and there was variation detected in the goods......
August 17, 2020
GST:
Provisional attachment of Bank Accounts - Period of one year has expired - Although no specific date has been mentioned in the impugned order of provisional attachment......
August 17, 2020
GST:
Provisional attachment of Bank Accounts - Section 83 of the CGST Act - Expiry after a period of one year - As on 22.06.2020, the provisional attachment of bank account......
August 17, 2020
I.Tax:
Condonation of delay in filing an appeal - delay of 442 days - The explanation for delay of 442 days in our view is insufficient, unsatisfactory and unreasonable.......
August 17, 2020
I.Tax:
Rejection of books of accounts - The material purchased in cash or part payment made in cash is fully supported by invoices or vouchers. The same invoices were produced.....
August 17, 2020
I.Tax:
Capital gain from sale of commercial property - intra-head adjustment of loss - Benefit of carry forward of long term capital loss on the sale of shares for the current.....
August 17, 2020
I.Tax:
Production Services Agreement - Permanent Establishment (PE) in India - the contract between the two entities was primarily that of a principal and agent. - M/s DBPL was....
August 17, 2020
I.Tax:
Penalty u/s 271B - non-furnishing of the Audit Report before the specified date - As the AO has failed in his duty in verifying whether books of account were audited......
August 17, 2020
I.Tax:
Income from other sources - Addition u/s.56(2)(viib) - The revenue authorities cannot force the assessee to adopt particular method for valuing the fair market value of.....
August 17, 2020
I.Tax:
Block assessment u/s 158BC - period of limitation u/s 158BE - In the case of the assessee herein on 07-11-2001, the investigation wing of department after almost one......
August 17, 2020
I.Tax:
LTCG - As explained the reasons for not-depositing the amount in Capital Gains Accounts Scheme which is also not disputed. Since the assessee has substantially complied.....
August 17, 2020
I.Tax:
Depreciation on the assets acquired under slump sale - when two or more words which are susceptible of analogous meaning are coupled together, they are understood to be.....
August 17, 2020
I.Tax:
Determination of Income from house property - Suppression of rental income - We could appreciate the case of the AO, if he has made reference to the rent deed of......
August 17, 2020
I.Tax:
Capital gain computation - There was an amendment under the provisions of section 55A where the word ‘variance’ was inserted but such amendment is applicable with effect....
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: In a case of undisclosed investment in family property, High Court uph...
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: Reassessment Order validity questioned due to CIT(A) errors. AO appeal...
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: Whether Registration Required in Another State
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: ITAT Kolkata held that addition u/s 50C not sustainable as lower autho...
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: ITAT Hyderabad directed TP adjustment to be based on transactions with...
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: ITAT Mumbai allowed 50% deduction u/s 80G for donation exceeding 10% o...
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: ITAT Mumbai allowed the exemption u/s 54 for LTCG as construction not ...
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: ITAT Delhi held that as the assessee lacked books of accounts, Sec 68 ...
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: ITAT Chennai held no disallowance u/s 14A r.w.r. 8D as no exempt incom...
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: GST liability on Complete Commercial Project under Area Sharing
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: Partner Remuneration
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: RECOVERING GST PAID AT HIGHER RATE
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: Repair and Maintenance Input in case of Immovable property given on rent
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: Whether GST is payable on resale of flat by a buyer before its completion?
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: GST on transfer of partnership share in LLP
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: SEBI mandates PMS distributors to register with APMI for oversight. Ef...
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: Instruction issued for review of G-Card holders' requirement at Custom...
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: Verification of authenticity of UAE-issued Certificate of Origin with ...
N
: Amendment of Notification No. 03/GST-2, dated 24.01.2024 (To extend th...
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: Harnessing Artificial Intelligence for Analytics in Small and Medium-S...
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Black Money .... Act, 2015
Black Money .... Rules, 2015
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