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Highlights / Annotations / Catch Notes For November of 2021

Home Highlights November November 2021 Year 2021

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Showing 101 to 150 of 383 Records

1 234 5 6 7........ 8

November 22, 2021 Case Laws VAT and Sales Tax

Rejection of turnover appearing in the books of accounts - It is already well-settled that in the absence of any definite adverse material accounts kept in regular......
November 22, 2021 Case Laws Indian Laws

Validity of award of interest by the sole arbitrator - earnest money and security deposits or not - The learned Arbitrator in the instant case has erred in awarding......
November 22, 2021 Case Laws Indian Laws

Dishonor of Cheque - drawer of cheque - Vicarious liability - From the bare reading of Section 138 of the N.I. Act, it transpires that the liability of the drawer of the....
November 20, 2021 Case Laws GST

Prosecution, u/s 132(1)(c) of the Central Act - parallel proceedings u/s 74 - There is no principle in law as may warrant any interference in the present petition to......
November 20, 2021 Case Laws GST

Inter-state transportation of goods - U.P. E-way bill - The goods were being transported alongwith the taxinvoice etc., therefore, it was not a fraudulent transaction......
November 20, 2021 Case Laws GST

Transfer of credit by permitting the petitioner to resubmit form GST TRAN-2 electronically or manually - stock valuation - Section 140 (3) of the CGST Act read with......
November 20, 2021 Case Laws GST

Seeking grant of Anticipatory Bail - registration certificate was not surrendered and no returns were being filed - sole proprietor of said firm expired - Keeping in......
November 20, 2021 Case Laws GST

Seeking grant of Bail - availment of irregular input tax credit - there was neither any purchase nor sale of goods and that the transactions were made only on paper with....
November 20, 2021 Case Laws GST

Violation of the principles of natural justice - Validity of GST assessment order - no opportunity of filing an objection and personal hearing provided - Section 74 (1).....
November 20, 2021 Case Laws Income Tax

Rejecting the method of accounting adopted by the Appellant-Assessee for the AYs - In the present case, with the Revenue having accepted the Assessee’s method of......
November 20, 2021 Case Laws Income Tax

Reopening of assessment u/s 147 - notice issued without approval of competent authority - In the order dated 21/09/2021 rejecting this objection, the AO does not deny......
November 20, 2021 Case Laws Income Tax

Revision u/s 263 by CIT-A - AO’s order is not erroneous and prejudicial to the interest of revenue since mark to market loss incurred by Company on revaluation of......
November 20, 2021 Case Laws Income Tax

Revision u/s 263 by CIT-A - Jurisdiction of AO - invalid notice u/s 143(2) - The issuance of notice u/s 143(2) is governed by statutorily prescribed procedures. On a......
November 20, 2021 Case Laws Income Tax

Addition made by the AO on account of receipts on which commission was paid by the assessee - The addition now being made of the same by estimation on the basis of......
November 20, 2021 Case Laws Income Tax

Disallowance by relying on CBDT Circular No. 5/2012 r.w explanation 1 to Sec. 37(1) - scope of regulations issued by Medical Counsel of India - claim of marketing &......
November 20, 2021 Case Laws Income Tax

Addition u/s 68 unexplained cash credit - We deem it just and proper and reasonable to cover all possible leakage of revenue, to tax only profit element embedded in the.....
November 20, 2021 Case Laws Customs

Refund of Customs Duty paid - denial on the ground that the appellant had not filed any appeal - The appellant is directed to make an application under section 154 of......
November 20, 2021 Case Laws Customs

Revocation of CHA License - Forfeiture of security deposit - levy of penalty - The absence of seals and the discrepancy in weight pertained to containers delivered at......
November 20, 2021 Case Laws Service Tax

Valuation - Works contract service - Composition scheme - Where the value has already been split as per the state law and VAT has been paid on the goods component of the....
November 20, 2021 Case Laws VAT and Sales Tax

Valuation - addition of transportation charges to the sale price of the goods - nexus to sustain enhancement of turnover - With there being no evidence placed on record.....
November 20, 2021 Case Laws VAT and Sales Tax

Validity of re-assessment order - enlargement of time limitation with prospective effect or not - Section 39(1) of KVAT Act - The amendment made to Section 40 of the......
November 19, 2021 Case Laws GST

Filing of Form Tran-1 - vires of sub-rule 1(A) to Rule 117 of CGST Rules - There would be no requirement for issuance of Certiorari to quash Sub-Rule 1A to Rule 117 of......
November 19, 2021 Case Laws Income Tax

Benefit of exemption u/s 11 - assessee fell under the last limb of Section 2(15) - The assessee/society is running a printing press and publishing a newspaper. The......
November 19, 2021 Case Laws Income Tax

Benefit under the Kar Vivad Samadhan Scheme, 1998, ('KVS Scheme') denied - reason for denying the benefit was stated as the non-existence of tax liability for the said......
November 19, 2021 Case Laws Income Tax

TP Adjustment - TDS deducted on interest paid to AE on External Commercial Borrowings - procedure followed by the assessee for grossing up of interest is contrary to......
November 19, 2021 Case Laws Income Tax

Exemption u/s 11 - Registration u/s 12A(1)(ab) r.w.s. 12AA rejected - IPL activities - The purpose for which all the funds at the disposal of the assessee trust,......
November 19, 2021 Case Laws Income Tax

Unexplained cash credit - Addition u/s 68 - Since the assessment was becoming time barred, the AO has passed the impugned Assessment Order in a hurried manner even......
November 19, 2021 Case Laws Income Tax

Validity of re-assessment proceedings initiated u/s.148 - If the reasons recorded are silent or there is no reference of any material, then other extraneous material......
November 19, 2021 Case Laws Income Tax

Disallowing interest expenses u/s. 40(a)(ia) - tax deducted at source (TDS) was not deposited - No disallowance u/s. 40(a)(ia) is warranted as the payee has accounted......
November 19, 2021 Case Laws Customs

Condonation of delay of 921 days in preferring the appeal - Parties who are not vigilant and diligent in prosecuting and agitating their rights and act as mere fence......
November 19, 2021 Case Laws Customs

Rejection of the request for amendment in the bills of lading - Existence of two bills of lading - The confiscation of the impugned goods having been, thus, accepted,......
November 19, 2021 Case Laws Customs

Revocation of Customs Broker License - forfeiture of security deposit - levy of penalty - The appellant or its employee has not conducted any due diligence measures.......
November 19, 2021 Case Laws Customs

Levy of penalty - Regulation 12(8) of Handling Cargo in Customs Area Regulation, 2009 - it is found that the appellant have evidently issued the Public Notice as well as....
November 19, 2021 Case Laws Customs

Seeking grant of Bail - Illegal export - As such, it is obvious that the accused was unable to keep himself present before the Prl. Commissioner of Customs at Bangalore,....
November 19, 2021 Case Laws Central Excise

Clandestine Removal - Levy of penalty - If on the basis of the evidences adduced which would be of the nature as enumerated at (ii) of para 40 of the said decision, the.....
November 19, 2021 Case Laws Central Excise

100% EOU - Levy of Central Excise Duty - cotton waste generated in manufacturing of the finished products and cleared in the domestic tariff area - Once it is held that.....
November 19, 2021 Case Laws Indian Laws

Dishonor of Cheque - rebuttal of presumption - The stand taken that FIR was got registered alleging misuse of cheque is noted to be rejected at this stage. The FIR was......
November 19, 2021 Case Laws Indian Laws

Dishonor of Cheque - respondent accused was acquitted principally on the ground that the company was not properly represented - The power of attorney holder representing....
November 18, 2021 Case Laws GST

Seeking grant of Bail - Input tax credit - There is no retraction of statement dated 25th June, 2021. As per GSTR-2A of applicant the amount of ITC availed by applicant.....
November 18, 2021 Case Laws GST

Seeking grant of anticipatory bail - irregular availment of input tax credit - fictitious/dummy/non genuine firms - The applicants from their personal e-mail ID have......
November 18, 2021 Case Laws Income Tax

Income from the nature of interest received by the assessee in DRDO/ISRO accounts (for short ‘FD A/cs’) - the assessee, DRDO/ISRO are either Government Departments or......
November 18, 2021 Case Laws Income Tax

Validity of appointing Special Audit u/s 142(2A) - In the present case, the proceedings dated 09.12.2011 was treated as a show cause notice for all purposes both by the.....
November 18, 2021 Case Laws Income Tax

Correct head of income - Lease rent received - to be treated as business income or as income from other sources - There was no attempt to exploit the commercial assets......
November 18, 2021 Case Laws Income Tax

MAT Computation of book profit u/s 115JB - Disputed central excise demand raised against the assessee - denial of writing back benefit to the assessee - We appreciate......
November 18, 2021 Case Laws Income Tax

Penalty u/s 271(1)(c) - Mandation of specification of charge - It is clear that for the AO to assume jurisdiction u/s 271(1)(c), proper notice is necessary and the......
November 18, 2021 Case Laws Income Tax

Valuation of investments held as stock in trade - whether the loss of in account of valuation of stock can indeed be allowed as a deduction in computation of business......
November 18, 2021 Case Laws Income Tax

Disallowance on interest u/s. 36(1)(iii) - AO has compared the payment of interest @ 12%/15% on the unsecured loan obtained by the assessee with the interest amount......
November 18, 2021 Case Laws Customs

Jurisdiction - power of ADG, DRI toissue SCN - proper officer to issue SCN or not - Section 28(4) of Customs Act - In the Customs Act, the Shipping Bill has to be filed.....
November 18, 2021 Case Laws Customs

Levy of penalty u/s 112A on the courier service - Seizure of demonetised Indian currency - wrong declaration in relation to an Airway Bill due to which demonetised......
November 18, 2021 Case Laws Companies Law

Rights Issue - allegation of Right Issue is for a mala fide purpose and is the modus operandi to siphon further funds from the first Respondent Company - The......

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