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Highlights / Annotations / Catch Notes For December of 2022

Home Highlights December December 2022 Year 2022

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Showing 501 to 550 of 587 Records

1 ....7 8 9 101112

December 6, 2022 Case Laws Income Tax

TP adjustment - Comparability - Functional dissimilarity - there is wide difference in the functions of a manufacturer and assembler. It is further stated that the......
December 6, 2022 Case Laws Income Tax

Unexplained expenditure on the basis of unreconciled AIR statement - Naturally, if the assessee has not entered into such transaction, the learned AO should have......
December 6, 2022 Case Laws Income Tax

Unexplained Credit u/s 68 - Statement of a witness who has no knowledge of relevant facts towards receipt of cash from assessee is not entitled to any weight and is not.....
December 5, 2022 Case Laws GST

Cancellation of registration of petitioner, with retrospective effect - Relance upon the decision in case of [2022 (4) TMI 864 - GUJARAT HIGH COURT] - Applying the same.....
December 5, 2022 Case Laws GST

Reimbursement / Compensation with the additional IGST liability - Supplies to BHEL for export - extension of time limit for export under LUT - Since such extension of......
December 5, 2022 Case Laws GST

Job-work or not - The premises / the plant has been given on lease to the Appellant for 15 years - The activities undertaken in the Appellant ‘s premises or production......
December 5, 2022 Case Laws GST

Supply or not - subsidized canteen service - In the instant case the supplies by employer to employee are not free of charge. The applicant is recovering consideration......
December 5, 2022 Case Laws Income Tax

Nature of expenditure - business of development of software solution and management - admittedly, the product which was sought to be developed, never came into existence....
December 5, 2022 Case Laws Income Tax

Reopening of assessment u/s 147 - notice against dead assessee - no notice issued to legal representative - No notice whatsoever was issued to the legal representative/s....
December 5, 2022 Case Laws Income Tax

Addition on account of unexplained money u/s 69A - unaccounted cash - When the cash is found with an assessee, it is the duty of the assessee to prove the source of such....
December 5, 2022 Case Laws Income Tax

Addition u/s. 56(2)(viib) - premium on issue of shares of the company - since the company was incorporated on 07.11.2012 and cut off date of valuation of share was 16.11....
December 5, 2022 Case Laws Income Tax

TDS u/s 195 - Fees or Technical Services (FTS) - Remittances made towards general training services - Article-12 of DTAA - the services as availed by the assessee is......
December 5, 2022 Case Laws Income Tax

Income from house property - deduction (Vacancy allowance) - Notably the words used in section 23(1)(c) of the Act are “the property is let and was vacant during the......
December 5, 2022 Case Laws Income Tax

Disallowance of depreciation - Demerger - the value of the assets has to be written off this year and to be claimed as loss in the statement of income (instead of......
December 5, 2022 Case Laws Income Tax

Character of income - Served from India Scheme Scrips - SFIS credit available through a specific certificate as furnished to each vendor has been utilized to make......
December 5, 2022 Case Laws Customs

Refund claim - Auction - seized Betel Nuts - Whether respondent petitioner can take shelter under Section 150 and Section 14 of the Customs Act, 1962 for the purpose of.....
December 5, 2022 Case Laws Insolvency and Bankruptcy

Constitutional validity - Regulation 36A of IBC - splitting of the CIRP into inviting expression of interest and then seeking resolution plans - Since Regulation 36A has....
December 5, 2022 Case Laws Insolvency and Bankruptcy

Recovery proceedings of debts - attachment of movable/immovable property of the petitioners - as per the settled legal position, it cannot be said that the orders passed....
December 5, 2022 Case Laws Insolvency and Bankruptcy

Jurisdiction - condonation of delay beyond the period of 45 days - We have no doubt in our mind that the Appellant has missed the bus by causing delay in filing the......
December 5, 2022 Case Laws Insolvency and Bankruptcy

Liquidation of Corporate Debtor - section 33 of IBC - This Appellate Tribunal is very conscious of the fact that Liquidation should be the last resort as this virtually.....
December 5, 2022 Case Laws Insolvency and Bankruptcy

Financial Debt or not - related parties - Approval of Resolution Plan - The basic element of the Financial Debt that such disbursement should be for consideration of......
December 5, 2022 Case Laws Money Laundering

Money Laundering - proceeds of crime - Petitioner claimed as being whistle blower made an accused - In the case in hand, this petitioner has tried to scandalize the......
December 5, 2022 Case Laws Money Laundering

Money Laundering - Onus on Chartered Accountant (CA) for giving certificate - Even on a demurrer, on a perusal of Form 15CB, we find that a Chartered Accountant is......
December 5, 2022 Case Laws Service Tax

Levy of penalty - The entire demand is held to have wrongly been confirmed. Once the very basis of confirmation of demand goes, the question of legality of enhancement......
December 5, 2022 Case Laws Service Tax

Rejection of refund claim - Ideally, credit should be reversed as and when export takes place; however, with eligibility for refund arising only upon receipt of proceeds....
December 5, 2022 Case Laws Central Excise

Interest on refund claim - The tribunal, in its Order impugned wrongly applied the judgement of the Apex Court supra for purposes of denying the benefit of interest on......
December 5, 2022 Case Laws Central Excise

Refund of deposits - Requirement to issue SCN - Section 11AC (1)(d) of CEA - time limitation - the amount deposited by the appellant-assessee pursuant to audit letter,......
December 5, 2022 Case Laws VAT and Sales Tax

Concessional rate of tax (CST) 3% or 2% of CST - oxygen gas used as raw material - when it has been found that the oxygen gas is used as a ‘refining agent’ and its main.....
December 5, 2022 Case Laws VAT and Sales Tax

Levy of Entertainment tax on the 'costume' - Renting of costume - It is well settled that the tax can be levied only when specially provided for and not by intendment.......
December 3, 2022 Case Laws GST

Validity of assessment order u/s 73 of GST Act - Prescribe procedure under Rule 142 - proper officer to assess the case of petitioner - When the same Officer is......
December 3, 2022 Case Laws GST

Recovery of dues - Attachment of property - The impugned notice was issued on 06.01.2022. There is no gainsaying that no proceedings were pending. The summons under......
December 3, 2022 Case Laws GST

Rate of GST - sale of rejected paddy seed - “Rejected paddy / Damaged paddy” per se supplied by the applicant, procured by them although merits classification under......
December 3, 2022 Case Laws GST

Exemption from GST - Flavoured Milk for Tea Preparation - pasteurized milk - Since, the product of the applicant, classifiable under Chapter Sub-Heading No. 0401 20 00,.....
December 3, 2022 Case Laws GST

Government Entity or not - Damodar Valley Corporation fulfils the criterion laid down for "Government entity" as per Notification No. 31/2017 -Central Tax......
December 3, 2022 Case Laws Income Tax

Waiver of interest u/s 220(2A) - Levy of interest is mandatory - Merely raising the dispute before any authority cannot be a ground not to levy the interest and/or......
December 3, 2022 Case Laws Income Tax

Denying exemption u/s. 54B - Assessee being ignorant of the same as entitled to claim compensation derived from the Government of Maharashtra of compulsory acquisition......
December 3, 2022 Case Laws Income Tax

Shipping income for voyages performed by the vessels u/s 172 - DTAA between India and Singapore - shipping income sourced in Singapore and assessable to tax at Singapore....
December 3, 2022 Case Laws Income Tax

Addition u/s 68 - Consistently escaping from appearing/producing the documents and alleged parties before the ld. AO and the appellate authority(ld.CIT-A) indicates that....
December 3, 2022 Case Laws Income Tax

Revision u/s 263 - Income from other sources - AO failed to examine the applicability of s. 56(2)(vii)(b) - Fair Market Value (FMV) (guideline value under Stamp Act) of.....
December 3, 2022 Case Laws Income Tax

Addition u/s 56(2)(vii b) - value the equity shares using DCF Method - the Lower Authorities ought to have considered the valuation report of the Chartered Accountant......
December 3, 2022 Case Laws Income Tax

Depreciation on foreign exchange fluctuation loss - foreign currency term loan availed for purchase of windmill - since the assessee has capitalized and claimed......
December 3, 2022 Case Laws Income Tax

Revision u/s 263 - where there is no addition on account of unaccounted sales and the resultant additional net profit, then the question of alleged capital employed to......
December 3, 2022 Case Laws Customs

Classification of imported goods - Oil contained in the Bunker tanks in Engine Room of Vessel imported for breaking up, are associated and connected with the machinery......
December 3, 2022 Case Laws Insolvency and Bankruptcy

Cost of CIRP / Liquidation - Liability of operational creditors - Appellants are small suppliers and they don’t want to be burdened with additional liability as their......
December 3, 2022 Case Laws Central Excise

Interest on delayed refund - seizure of cash / currency during search - The Commissioner (Appeals) has committed an error while holding that since there is no provision.....
December 3, 2022 Case Laws Indian Laws

Dishonor of cheque - rebuttal of presumption - Only lodging such a complaint of taking such cheque by force or threat is not sufficient enough to rebut presumption under....
December 2, 2022 Case Laws GST

Condonation of delay in filing appeal - cancellation of the GSTIN registration of the petitioner - It is true that the petitioner has not filed any application for......
December 2, 2022 Case Laws GST

Restoration / Revocation of cancelled GST registration - as the petitioner has come with the case that he has deposited the entire tax and has filed return in the year......
December 2, 2022 Case Laws GST

Seeking pre-arrest bail u/s 438 Cr.P.C. - monetary dispute between the parties - the petitioner had committed fraud by projecting himself to be the proprietor of the......
December 2, 2022 Case Laws Income Tax

Capital gain - Addition u/s 50C - "transfer" u/s. 2(47) - Relevancy of date of sale deed - When section 2(47) of the Act specifically deals with “sale‟ under......

1 ....7 8 9 101112

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