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Highlights / Annotations / Catch Notes For October of 2020

Home Highlights October October 2020 Year 2020

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Showing 201 to 250 of 382 Records

October 14, 2020 Case Laws GST

Grant of short extension of the registration granted to the petitioner - limited purposes of the petitioner accessing the system to upload its returns and pay tax, as......
October 14, 2020 Case Laws GST

Refund of IGST paid on export - refund not being paid for the reason that the writ petitioner had inadvertently mentioned the drawback claim under column A instead of......
October 14, 2020 Case Laws GST

Grant of Bail - Taking into consideration, the facts of the case, though the officers under the CGST Act, cannot seek custody of the arrested persons for completing the.....
October 14, 2020 Case Laws Income Tax

Validity of Settlement commission order - The settlement was mutually beneficial and acceptable. The money stood accepted without any protest or demur. As such, at a......
October 14, 2020 Case Laws Income Tax

Benefit of deduction u/s 10A on the ‘deemed export’ made to another STP unit - the provisions of the Income Tax Act resorts to the provisions of the SEZ Act while......
October 14, 2020 Case Laws Income Tax

Capital gain computation - right in land or building - stamp duty valuation - invoking of Section 50C - the present transaction of six properties in question does not......
October 14, 2020 Case Laws Income Tax

Addition u/s 69 as undisclosed income - the burden to prove the source and credibility of deposits and statement of the assessee - opportunity to discharge this burden......
October 14, 2020 Case Laws Income Tax

Rectification of mistake u/s 154 - tax rate on surrendered income u/s 115BBE - the action of the Assessing officer in rectifying and increasing the rate of taxation from....
October 14, 2020 Case Laws Income Tax

Exemption u/s 11 - mutual trade association having the main object to safeguard the interest of the industry and trade - Assessing Officer erred in invoking proviso to......
October 14, 2020 Case Laws Income Tax

Additions on account of mismatch in 26AS (TDS) statement and accounting entries on account of contract report - submission of assessee that difference reflected in 26AS.....
October 14, 2020 Case Laws Insolvency and Bankruptcy

Enhancement of minimum amount of default limit from one lakh to 1 crore for initiating CIRP as against small and medium scale industries - the said notification will not....
October 14, 2020 Case Laws Central Excise

Jurisdiction - Whether the single member bench of this tribunal is having the jurisdiction to decide the issue involving only interest irrespective of any amount in......
October 13, 2020 Case Laws Income Tax

Interest in terms of Section 244A - When an order of refund is issued, the same should include interest payable on the amount, which is refunded. If the refund does not.....
October 13, 2020 Case Laws Income Tax

Claim of deduction u/s 48(i) - deduction of expenditure incurred wholly and exclusively in connection with the transfer of shares - whether the expenditure is incurred......
October 13, 2020 Case Laws Income Tax

Capital Gain computation - Invoking provision of section 50C - an amendment by insertion of proviso seeks to relieve the assessee from undue hardship - No hesitation to.....
October 13, 2020 Case Laws Income Tax

Exemption u/s 11 - charitable activity u/s 2(15) - activity of management of liquid and solid wastes - the dominant objects of the assessee are charitable in nature and.....
October 13, 2020 Case Laws Income Tax

Additions u/s 68 - burden of proof - Admittedly in the instant case, the assessee has provided the explanation, such explanation was found acceptable by the AO for the......
October 13, 2020 Case Laws Income Tax

Deduction on account of bad debts written off - after 01.04.1989, it is not necessary for the assessee to establish that the debt, in fact, has become irrecoverable. It.....
October 13, 2020 Case Laws Income Tax

Penalty u/s 271C -LTA - Mere admission of the appeal by the High Court on the substantial questions of law as have been quoted above, would make it apparent that the......
October 13, 2020 Case Laws Income Tax

TDS u/s 194C / 194H - Disallowances u/s 40(a)(ia) - the rebate/discount given by the assessee to the dealers will not coming either within the purview of section 194C or....
October 13, 2020 Case Laws Income Tax

Interest earned on FDRs - once the ECB loan which is to be utilized for capital expenditure only, then, any interest earned on funds temporarily parked in FDRs is......
October 13, 2020 Case Laws Income Tax

Disallowance of expenditure towards purchase of tools - Revenue or capital expenditure - Claiming these expenditures as deduction is only revenue neutral because even......
October 13, 2020 Case Laws Income Tax

Penalty levied u/s 271(1)(c) - Bogus purchases - There is no active concealment of income on the part of the assessee and additions made on estimation by the AO do not......
October 13, 2020 Case Laws Income Tax

Income accrued in India - Permanent Establishment (PE) in India under Article–5 of the India–Mauritius Tax Treaty - The two companies were not exclusively working for......
October 13, 2020 Case Laws Income Tax

Disallowance of the refundable security deposit in computing the assessee’s business income for the year - when the income arising from the transfer is being subject to.....
October 13, 2020 Case Laws Income Tax

Interest u/s 244A - Once the Assessing Officer has to take a decision regarding the reckoning of the period from which the interest has to be calculated on the......
October 13, 2020 Case Laws Customs

Extended period of Limitation for issuing SCN - Release of seized goods - situation during COVID-19 lockdown - The extended period of limitation upto six months as per......
October 13, 2020 Case Laws Customs

Imposition of penalties u/s 114(iii) of the Customs Act - Wrongful availment of the duty drawback - it is not clear from the show-cause notice or the Order-in-Original......
October 13, 2020 Case Laws Service Tax

Levy of service tax - POPOS rules - Place of supply - Banking and other financial services - ‘third party payments’ for exports - It is not the contractual......
October 13, 2020 Case Laws Service Tax

Accrual of Service Tax liability - ‘mobilization advance’ paid to the appellant - payment to be made on which stage? - on receipt or on issue of the bill? - There is no.....
October 13, 2020 Case Laws Service Tax

Non-payment of Service tax - suppression of facts or not - Extended period of Limitation - The service provided by the appellant falls under Works Contract Service but......
October 13, 2020 Case Laws Service Tax

Classification of services - Infrastructural Support Service or not - business support service (BSS) - up linking services - hiring of transponder capacity by the......
October 13, 2020 Case Laws Central Excise

Refund of excess paid excise duty - finalization of provisional assessment - reflection of the refund amount in the balance sheet under the head of “loans and advances”,....
October 12, 2020 Case Laws GST

Classification of supply - Supply of Goods or Supply of Job Work Services - promotion of commercial activities relating to Foundry Industry & preservation of environment....
October 12, 2020 Case Laws GST

Evasion of GST - Prohibition order on seized goods - The GST officers have made a cool statement in their para wise comments that no allegation has been made against the....
October 12, 2020 Case Laws GST

Filing of Form Trans 1 in order to avail the unutilized credit - transitional credit - The order of the learned Single Judge was a straight, correct and innocuous order.....
October 12, 2020 Case Laws Income Tax

Revision u/s 263 - AO allowed depreciation at 25% on the right to lease hold land - The Tribunal has held that mere inadequacy of an enquiry or insufficiency of material....
October 12, 2020 Case Laws Income Tax

Assessment of income - receipt basis or accrual basis - income received in advance in the nature of interest income on discounting of bills against letter of credit - if....
October 12, 2020 Case Laws Income Tax

Revision u/s 263 - Whether Tribunal is right in holding that, CBDT Instruction No.3 dated 20.05.2003 is not binding on the AO and as such the AO himself determining the.....
October 12, 2020 Case Laws Income Tax

Non Credit of TDS - Actual beneficiary of TDS - Restore the issue back to the file of the Assessing Officer with the direction to verify whether the recipients......
October 12, 2020 Case Laws Income Tax

TP adjustment made on account of payment of management charges - Proof of availment of services - the payment made by the assessee being cost to cost reimbursement of......
October 12, 2020 Case Laws Income Tax

TDS u/s 195 - payment made for purchase of licensed software - the assessee cannot be treated as an assessee in default in respect of payments made for purchase of......
October 12, 2020 Case Laws Insolvency and Bankruptcy

CIRP process - Permission sought from this Bench for carrying out the assessment proceedings for the assessment years A.Y. 2013-14 to A.Y. 2019-20 - the prayer of the......
October 12, 2020 Case Laws Insolvency and Bankruptcy

Permission for change of legal representation in the main Company Petition - The main CP cannot be kept pending until the issue of fees to Counsel is settled. At the......
October 12, 2020 Case Laws Central Excise

CENVAT Credit - w.e.f. 1.4.2008, the word “from” stands replaced by the word “upto”. - Upto the place of removal - the property in the goods passed from the appellant to....
October 12, 2020 Case Laws Central Excise

Extended period of limitation - It cannot be said that the transactions in question were suppressed by the appellant from the department with malafide intention to evade....
October 12, 2020 Case Laws Central Excise

Principles of Natural Justice - Levy of Penalty - It is no doubt true that there is no right of cross-examination if sufficient corroborative evidence exists, but in the....
October 10, 2020 Case Laws GST

Demand of GST - case of the department was that the petitioner was selling packaged marked rice with registered trademark - When the raiding party had found stock of......
October 10, 2020 Case Laws GST

Classification of goods - rate of tax - renting of e-bikes(Miracle), bicycles(Move) without operator - Renting of e-bikes/ bicycles without operator cannot be classified....
October 10, 2020 Case Laws GST

Demand of interest and penalty - When the scheme u/s 74 for avoiding a show cause notice is one that is optional to an assessee, the assessee has either to opt for it or....

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F: Stock damaged in recent floods

F: GST on Solar Plant

A: PENALTY ON DIRECTORS CONTRAVENING EXPORT REGULATIONS UNDER FOREIGN EXC...

A: Difference between “License” and “Royalty”

A: Penalty proceedings under Section 130 of the CGST Act cannot be initia...

N: Inland Container Depots for loading and unloading of goods - Seeks to ...

C: Guidelines to Stock Exchanges, Clearing Corporations and Depositories

T: Supreme Court Upholds Validity of Re-Assessment Notices Issued During ...

F: Transfer of ITC without filing ITC-02

F: assessment order

F: INTERMEDIARY SERVICES OR EXPORT SERVICES

H: Revision: Hospital receipts verified, partial refunds & fees paid subs...

F: ITC Issue in case of Acqusition of Company in Insolvency

H: Goods matched documents like e-way bill and invoices; detention order ...

H: Goods Inspection Matches E-Way Bill, Lack of Tax Evasion Intent Quashe...

H: Income tax reassessment validity: AO initiated proceedings u/s 147 ins...

H: Reassessment Rules Interpretation: Taxpayer Wins Over Accommodation En...

H: Sale-purchase loss disallowed unreasonably by tax officer, commercial ...

H: Building sale value can't determine depreciation; actual consideration...

H: Loan to equity conversion attracts income tax on excess share premium ...

H: Property purchase: Joint owners pay via banking channels before regist...

H: Tax exemption limit for leave encashment: Local authorities' employees...

H: Tax assessments beyond 6-year limit quashed, satisfaction note lacked ...

H: Cash found in lockers linked to temple trust and educational foundatio...

H: Microphone Tech Classification: Functionality Over Technology.

H: Exemption from Social Welfare Surcharge on duty-free imports via scrips.

H: Claim for performance pay not an operational debt under IBC; Multiple ...

A: Director Identification Number

A: No GST is applicable for the services provided by the Director under p...

A: Income Tax Act Revamp (Comprehensive Review): Status and Suggestion on...