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Highlights / Annotations / Catch Notes For December of 2021

Home Highlights December December 2021 Year 2021

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Showing 1 to 50 of 514 Records

12 3 4 5........ 11

December 31, 2021 Case Laws GST

Jurisdiction - proper officer - Power to issue show cause notice (SCN) u/s 74(1) of CGST Act - Additional or Joint Commissioner of Central Tax - Admittedly the monitory.....
December 31, 2021 Case Laws GST

Applicability of GST - transactions of sale of vouchers - the vouchers traded by the Appellant are goods and not actionable claims - The supply of vouchers by the......
December 31, 2021 Case Laws GST

Classification of services - principal supply or not - services of coaching to students which also includes along with coaching, supply of goods/printed material/test......
December 31, 2021 Case Laws GST

Seeking grant of bail - fake issuance of GST invoices without actual supply and receipt of goods - Considering the seriousness and gravity of the economic offence in......
December 31, 2021 Case Laws Income Tax

Disallowance of interest paid by the assessee on the pretext that assessee has given loans and advances to its employees without charging any interest - advances given......
December 31, 2021 Case Laws Income Tax

Assessment u/s 153C - Short Term Capital Gain - transfer within the meaning of section 2[47] - As per the sec.2(47)(i), transfer in relation to capital asset includes......
December 31, 2021 Case Laws Income Tax

Revision u/s 263 by CIT - addition of share premium - addition u/s 68 - Pr. CIT has made a bald statement that the AO’s assessment order attracts Explanation 2(c) u/s.......
December 31, 2021 Case Laws Income Tax

Penalty levied u/s 271AAB - Undisclosed income - Assessee has neither made any surrender of any undisclosed income during the search action nor the penalty has been......
December 31, 2021 Case Laws Income Tax

Addition u/s 56(2)(viib) - difference between the fair market value (FMV) of the shares and the value actually received - the balance sheet drawn up as on 31/03/2013 was....
December 31, 2021 Case Laws Income Tax

Penalty u/s. 271AAB - commodity profit as falling in the ken of the 'undisclosed income' - since the amount on which penalty is levied has been found at the time of......
December 31, 2021 Case Laws Customs

Extended period of limitation - Certificate of Origin furnished by the petitioner was valid or not - Even if the Appellate Commissioner does not accept the contention of....
December 31, 2021 Case Laws Companies Law

Seeking rectification of register of members of the Company - Even though the Respondents stated that they have inducted the new members with the approval of the Board,.....
December 31, 2021 Case Laws Insolvency and Bankruptcy

Seeking release of security interest from the liquidation estate - If the respondent wants to proceed with the liquidation proceedings without relinquishing his security....
December 31, 2021 Case Laws Insolvency and Bankruptcy

Seeking direction to 1st Respondent to admit the claim - The excess amount claimed by the Applicant has already been received by them from the Corporate Debtor and this.....
December 31, 2021 Case Laws Service Tax

Maintainability of appeal - pre-deposit of the amount of certain percentage of duty demanded or penalty imposed - Perusal of section 35F of Central Excise Act, 1944......
December 31, 2021 Case Laws Service Tax

Work contract service - Period of limitation - The facts of the case are sufficient to hold that there was no clarity about the individual liability of the sub......
December 30, 2021 Case Laws GST

Levy of IGST - supply of imported goods on High Sea sale basis or supply of goods from FTWZ facilities by the Applicant to the Indian customers - such transactions by......
December 30, 2021 Case Laws GST

Seeking grant of anticipatory bail - allegation of passing the ineligible input tax credit from and to non existing firms - This Court is not inclined to grant......
December 30, 2021 Case Laws Income Tax

Refund claim - Adjustment of amount against outstanding demand - Refunds have been adjusted against the outstanding tax demand by the Authority without following the......
December 30, 2021 Case Laws Income Tax

Assessment u/s 153C - non issue of notice u/s 142 - it becomes evident that the notices were sent by the respondent to the earlier e-mail address of the petitioner,......
December 30, 2021 Case Laws Income Tax

Benefit of carry forward losses - Return of income has been filed by assessee on 22.11.2013 meaning thereby that the Form 3CEB has been obtained after the filing of......
December 30, 2021 Case Laws Income Tax

Penalty levied u/s 271B - assessee not got her accounts audited u/s 44AB - The assessee follows project completion method. Therefore, the claim of the assessee was that.....
December 30, 2021 Case Laws Income Tax

Revision u/s 263 - In the instant case, the receipt of consultancy fee does not fall within the ambit of expression “income in respect of any issue, which has escaped......
December 30, 2021 Case Laws Income Tax

Disallowance of bonus paid to employees including the key management persons - the disallowance was made by the ld. AO only on an adhoc basis at the rate of 25% without.....
December 30, 2021 Case Laws Income Tax

Disallowance of setting off of the carried forward loss - return filed beyond the due date specified under subsection (1) of section 139 - It was argued that the delay......
December 30, 2021 Case Laws Income Tax

Disallowance of Administrative Expenses - Closure of business activities - The temporary lull in the business during the lean period of transaction cannot be mistaken to....
December 30, 2021 Case Laws Income Tax

Penalty u/s 271(1)(c) - non disclosure of capital gain on sale of land in the income tax return - Sale consideration by applying the provisions of section 50C (i.e......
December 30, 2021 Case Laws Customs

Enhancement of penalty, levied on Employee of CHA - appellant was reckless and negligent in using the Customs House Agent Licence of his Employer. - Smuggling - red......
December 30, 2021 Case Laws Customs

Classification of imported goods - Hankook off the road mining tyres 31 x 10.5 R 15 - The impugned tyres are used for replacing the existing tyres whenever the vehicle......
December 30, 2021 Case Laws Money Laundering

Money laundering - scheduled offence - Siphoning of funds - Once the applicant is released on bail, both of them are likely to take fate of the case in their hands by......
December 30, 2021 Case Laws Service Tax

Refund claim - time limitation - Service tax was paid on advance received - later the order was cancelled - The relevant date for filing the refund claim is the......
December 30, 2021 Case Laws Central Excise

Principles of natural justice - Clandestine removal - want of corroborative evidence - There is no retraction of the statements - The statements recorded rather have......
December 30, 2021 Case Laws Indian Laws

Dishonor of Cheque - proclaimed offender or not - amicable settlement between the parties- continuation of proceedings under Section 174A I.P.C. - Where the main case......
December 30, 2021 Case Laws Indian Laws

Dishonor of Cheque - The Explanation to Section 138 of N.I.Act clearly states that the dishonoured cheque shall relate to a legally enforceable debt or liability. In the....
December 29, 2021 Case Laws GST

Transitional Input Tax Credit - seeking to allow filing of declaration in form GST TRAN-1 and GST TRAN-2 - seeking to reopening the portal - Some concrete solution is......
December 29, 2021 Case Laws GST

Refund - amount which was credited in the wrong account due to inadvertent mistake - Undoubtedly, it was a mistake which was committed by the consultant of the......
December 29, 2021 Case Laws GST

Refund - amount which was paid during the course of investigation - It is the case of the petitioner that the amount was paid under coercion - There is no merits in this....
December 29, 2021 Case Laws GST

Violation of principles of natural justice - Validity of assessment order - As adverse orders would have been passed against the petitioner, it was incumbent on the part....
December 29, 2021 Case Laws Income Tax

Validity of Section 194A(3)(ixa) - tax deducted at source on the interest payable under an award of the Motor Accident Claims Tribunal (“MACT”) - The petitioner is not......
December 29, 2021 Case Laws Income Tax

Seeking condonation of delay to file a revised return by an application u/s 119(2)(b) - Unfortunately, the assessee’s application u/s 119(2)(b) has been rejected on the.....
December 29, 2021 Case Laws Income Tax

Reopening of assessment u/s 147 - High Court cannot form any opinion in respect of such findings to be made. Only endeavour of the High Court is to ensure that, whether.....
December 29, 2021 Case Laws Income Tax

Correct head of income - nature of receipt from lease/ rent - the assessee employed commercial assets to earn income. Unless and until the income is treated as business.....
December 29, 2021 Case Laws Income Tax

Addition u/s 68 - Estimation of rate of commission - brokerage rate on various bogus transactions - Inasmuch as the assessee accepted the commission at 0.6% by not......
December 29, 2021 Case Laws Income Tax

Addition on account of share premium as income from other sources - It becomes income of the assessee only by way of deeming legal fiction. We find that the residuary......
December 29, 2021 Case Laws Income Tax

Unexplained investment in closing stock u/s. 69 - difference in the quantity of closing stock as per software - once the said software was stopped being used after the......
December 29, 2021 Case Laws Income Tax

Addition u/s. 56(2)(vii) - difference between the stamp duty guideline value and purchase consideration i.e. 50 percent u/s 56(2)(vii)(b) - the Department cannot be......
December 29, 2021 Case Laws Income Tax

Addition being 40% of cash balance shown in the balance sheet as income of the assessee - A.O without any basis, simply says that the cash in hand is excessive and......
December 29, 2021 Case Laws Income Tax

Disallowance of deduction claimed u/s 10AA after claiming deduction / exemption u/s 10A - SEZ unit - As on the commencement of assessment year 2006-07, which is the......
December 29, 2021 Case Laws Income Tax

Penalty u/s. 271(1)(c) - unexplained loan creditors - as explained by the assessee that said difference is due to reconciliation of year end entries between assessee and....
December 29, 2021 Case Laws Income Tax

Assessment of income from other sources u/s. 68 r.w.s. 115BBE - As assessments for assessment years 2011-12 to 2014-15 are unabated / completed. Further, no reference of....

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H: Excess Input Tax Credit penalty appeal dismissed due to delay; court a...

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H: Transport agency's bundled services disqualify it from GST exemption f...

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H: Genuine anonymous donations not taxable. Grants not income if utilized...

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H: Income Tax Assessment Notice Issued by Non-Jurisdictional Officer Quas...

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H: Simplified taxation for non-resident shipping biz: 7.5% presumptive in...

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H: Software License & ICT Service Fees Taxability Re-examined - Royalty o...

F: INTERMEDIARY SERVICES OR EXPORT SERVICES

F: assessment order

F: Transfer of ITC without filing ITC-02

N: Exemption from specified income U/s 10(46) of IT Act 1961 – ‘National ...

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F: PRE-DEPSOIT ISSUES