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Income Tax - Highlights / Catch Notes

Home Highlights March 2019 Year 2019 This

Stay petition for stay of demand must contain note for the ...

Income Tax

March 2, 2019

Stay petition for stay of demand must contain note for the existence of a prima facie case, financial stringency of petitioner and the balance of convenience and it should not only based on circular to obtain the relief.

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  1. Stay of demand - recovery proceedings - pre-condition for grant of stay of recovery - the actual tax to be demanded, ranging from 0% to 100%, would depend upon the...

  2. Stay of demand for penalty u/s.271(1)(c) - quantum appeal pending - assessee prima-facie having fair chance of win - enforcement for recovery would cause serious loss...

  3. Demand based on reconciliation of ST returns with the balance sheet - stay granted - AT

  4. Service tax demand – rent a cab services – export of services - secondary service which are used by the primary service provider - Prima facie case in favor of assessee...

  5. Stay of demand - Penalty u/s. 271(1)(C) on disallowance of interest and professional fees - assessee has established the prima facie case and balance of convenience in...

  6. Sharing of expenditure with group companies - demand under the BAS category prima facie not sustainable - assesse being paying service tax as BSS w.e.f. 1.4.2006, stay granted - AT

  7. IPR service - Transfer of rights - Since we have found a prima facie case on the ground that the transfer in this case cannot be considered as a temporary one, stay granted - AT

  8. CENVAT Credit - Residential land line telephone services - prima facie credit is allowable - stay granted - AT

  9. Stay of demand during the pendency of the petitioner’s appeal before CIT (A) - The petitioner’s plea of financial stringency based on its balance-sheet also inspires no...

  10. Import of services - in the absence of clear classification of service, appellant has made out a prima facie case - stay granted - AT

 

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