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Highlights / Annotations / Catch Notes For October of 2020

Home Highlights October October 2020 Year 2020

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Showing 301 to 350 of 382 Records

1 ....3 4 5 678

October 8, 2020 Case Laws Customs

Classification of imported goods - Sucrose (pharmaceutical grade) - The products enumerated in the said Explanatory Notes clearly indicates that confectionary are mostly....
October 8, 2020 Case Laws Customs

Levy of ADD - imported stainless steel CR Coils having width less than 1280 mm - The act of re-export of the goods subsequent to import by mis-declaring/non-declaring......
October 8, 2020 Case Laws Service Tax

Export of services or not - intermediary, commission and marketing service fee received - the activity of the assessee-appellant rendered is ‘intermediary service’......
October 8, 2020 Case Laws Customs

Valuation of imported goods - Cut Orchid Flowers (Dendrobium Hybrid) of various varieties and colour - undervaluation of goods - Section 17(5) of the Customs Act, 1962,.....
October 7, 2020 Case Laws GST

Submission of GST TRAN-2 / TRAN-1 return - respondent No. 3, the GST Council will look into the grievance of the petitioner, so that the petitioner may file TRAN -1 form....
October 7, 2020 Case Laws GST

Cancellation of registration - Validity of SCN - Perusal of the same indicates that to such show cause notice no response can be given by any assessee. The show cause......
October 7, 2020 Case Laws Income Tax

Deemed dividend u/s 2(22)(e) - The records placed before the assessing officer clearly shows the nature of transaction between the firm and the company and it is neither....
October 7, 2020 Case Laws Income Tax

Capital Gain or business income - surplus on sale of shares and securities - the assessee has maintained distinction between trading assets and nontrading assets and has....
October 7, 2020 Case Laws Income Tax

Reopening of assessment u/s 147 - Approval granted by the Ld. CIT is a mechanical and without application of mind, which is not valid for initiating the reassessment......
October 7, 2020 Case Laws Income Tax

Revision u/s 263 - limited scrutiny assessment - Failure to make enquiry in such circumstances would make the assessment order erroneous and prejudicial to the interest.....
October 7, 2020 Case Laws Income Tax

Assessment order after expiry of time limit prescribed u/s 153 - AO was under obligation to pass the assessment order within the time specified under 3rd proviso to Sec.....
October 7, 2020 Case Laws Income Tax

Income accrue in India - PE in India - nature of income - the distribution revenue earned by the appellant-assessee cannot be taxed as royalty albeit as a business......
October 7, 2020 Case Laws Income Tax

Characterization of income - Revenue receipt or capital receipt - subsidy on account of Octroi refund - the assessee is entitled to treat the Octroi refund as capital in....
October 7, 2020 Case Laws Income Tax

Exemption u/s 11 - Accumulation of income equal to 15% - The method of computation of deficit to be truncated artificially 15% based on an entitlement (opposed to an......
October 7, 2020 Case Laws Customs

Search and seizure proceedings - Extension of seizure period - The communication issued to the appellants, which is of the Investigating Officer merely informing the......
October 7, 2020 Case Laws Customs

Classification of goods imported - whether the goods imported are calcareous stone ‘other than marble’ which could be allowed to be imported only against SIL during the.....
October 7, 2020 Case Laws Central Excise

Recovery of erroneous refund - Refund of the education cess & secondary and higher education cess - The demand cum show-cause notice is assailed in this writ petition on....
October 7, 2020 Case Laws VAT and Sales Tax

Principles of Natural Justice - Levy of Turnover Tax - rate of tax - It is not in dispute that there is no provision for service of notice on the assesses through......
October 7, 2020 Case Laws Central Excise

When the Hon’ble Supreme Court had rejected the appeal of the Revenue, the order of the Tribunal, which was in favour of the importer, merges with the order of the......
October 7, 2020 Case Laws VAT and Sales Tax

Classification of goods - lever files made of cardboards - when 'folders and file covers', which carries certain prints are brought under 40(iv), 'lever files made of......
October 7, 2020 Case Laws Central Excise

Rejection of Petitioner's declaration in form SVLDRS 1 - Section 13 (2) of the General Clauses Act, 1897 can be invoked in terms of which the “words in the singular......
October 7, 2020 Case Laws VAT and Sales Tax

Inter-state sale or local sale - The reason given by the learned Tribunal in its impugned order cannot be appreciated, that merely because the two parties viz., the......
October 7, 2020 Case Laws Service Tax

Delayed payment of service tax - Impact of accounting entries - The manner in which the Appellant was recording the journal entry in its Books of Accounts alone, in the.....
October 7, 2020 Case Laws Service Tax

CENVAT Credit - the Department has nowhere mentioned in entire proceedings that the amount of Cenvat credit reversed is not proportionate to the value of exempted......
October 6, 2020 Case Laws GST

Principles of Natural justice - late filing of return - intent to evade or not - it is the case of petitioner is that various aspects have not been dealt with or......
October 6, 2020 Case Laws Income Tax

Entitlement for TDS credit - venture capital undertakings - proportionate share of contributors - deduction of TDS by the deductors on behalf of the assessee or not? -......
October 6, 2020 Case Laws Customs

Vacation of Interim Order - levy of redemption fine and penalty - import of consignments of multifunctional printers/devices (MFD) - whether, the Tribunal exercised its.....
October 6, 2020 Case Laws Customs

Refund of Mica Cess - levy of said mica cess got repealed vide the Finance Act, 2016 - effective date of repealment - cess applicable under the repealed Act was very......
October 6, 2020 Case Laws Customs

Levy of penalty - late filing to bill of entry - since the Customs Official did not clear the goods under exemption, the appellant had no option but to file bill of......
October 6, 2020 Case Laws Customs

Valuation of imported goods - Sunglasses of various models - There are no reasons recorded for rejection of transaction value before taking the exercise of revaluation......
October 6, 2020 Case Laws Customs

Valuation of imported goods - On the one hand OIO says there are no imports of identical or similar goods, and the other hand re-determines the values of some goods on......
October 6, 2020 Case Laws Companies Law

Oppression and mismanagement - removal of the Petitioner from the Directorship - the instant Company Petition is maintainable U/s.241 of the Companies Act, 2013, and the....
October 6, 2020 Case Laws Insolvency and Bankruptcy

Initiation of CIRP - The Credit facilities had admittedly been revised and sanctioned from time to time and finally on 15th February, 2018 when various documents had......
October 6, 2020 Case Laws Central Excise

Eligibility to avail CENVAT Credit - Export of exempted goods - Provision has also been made in Rule 6(6)(v) to state that goods cleared for export under bond in terms......
October 6, 2020 Case Laws Central Excise

Availing cenvat credit against pre-deposit - to be considered as 'deposit of Service Tax or not' - Since, payment made under 35F is not specifically finding any place in....
October 6, 2020 Case Laws Central Excise

CENVAT Credit - input services or not - residential accommodation for the housing of their staff as well as their officers, working in the factory - nexus with output......
October 6, 2020 Case Laws Indian Laws

Priority of settlement of claims - payment to secured creditors over tax dues - scope and ambit of Section 26(E) of The Securitization and Reconstruction of Financial......
October 5, 2020 Case Laws GST

Classification of goods - preparation of Whole Wheat parota and Malabar parota - to be classified under Chapter heading 1905, attracting GST at the rate of 5% or......
October 5, 2020 Case Laws Income Tax

Application for a certificate u/s 197 - legality and validity of order issued by the first respondent u/s 119 - Application was rejected since the reply against the SCN.....
October 5, 2020 Case Laws Income Tax

Special audit u/s 142(2A) - extension of 60 days for conduct of special audit - no extension has been given by AO but by the Commissioner and the AO has only conveyed......
October 5, 2020 Case Laws Income Tax

Appeal ex-parte decided by CIT-A - AO objected to admission of the additional evidence - Audited financial statements and audited report could not be filed during the......
October 5, 2020 Case Laws Income Tax

Disallowance of Forex Loss - although there was import of capital assets in those years when ECB loans were borrowed but there was substantial exports also and the......
October 5, 2020 Case Laws Income Tax

Penalty u/s 271 - Defective notice - the allegation should be specific and clear in the penalty notice also because the assessee has to submit reply in the course of......
October 5, 2020 Case Laws Income Tax

Replacement of Primary Adaptive Display and Tail Rotor Blade are essential to keep the aircraft in a running usable condition and the replacements do not enhance the......
October 5, 2020 Case Laws Income Tax

Relief u/s 220(7) - Assessee in default for amount non received in India - From the perusal of the records it can be seen that the compensation is not coming under the......
October 5, 2020 Case Laws Income Tax

Subsidy received under TUFS - Income chargeable to tax - The receipt does not become taxable, merely because it was erroneously offered to tax by the assessee in the......
October 5, 2020 Case Laws Income Tax

Short deduction of TDS - TDS u/s 194C or 194J - provisions of Section 40(a)(ia) will not be applicable in the case of the assessee as there was nothing in the section to....
October 5, 2020 Case Laws Companies Law

Oppression and mismanagement - illegal transfer of shares - this Tribunal is exercising its ample powers to waive the requisite shareholding percentage in order to......
October 5, 2020 Case Laws Companies Law

Restoration of name - The name of the Company was struck off for continuous non-filing of Statutory Returns. Hence, considering the public interest, and to protect the......
October 5, 2020 Case Laws Insolvency and Bankruptcy

Initiation of CIRP - The petitioner is the dominus litis and the onus probandi lies on the petitioner to establish the crucial ingredient of time value of money, as......

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