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Highlights / Annotations / Catch Notes For December of 2023

Home Highlights December December 2023 Year 2023

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Showing 201 to 250 of 537 Records

1 2 3 456 7 8 9........ 11

December 19, 2023 Case Laws Income Tax

Assessee in default u/s 201 - TDS u/s 194LBC - Income in respect of investment in securitisation trust - the assessee was not able to file form 26A before the lower......
December 19, 2023 Case Laws Income Tax

Scope of powers vested to the CIT(A) u/s 251 are co- terminus and co-extensive with that of AO exercising quasi judicial functions. The CIT(A) is not only an appellate......
December 19, 2023 Case Laws Income Tax

Assessment u/s 153A - Since the assessee company’s business has not commenced and that the construction of the building was done out of the capital invested by the......
December 19, 2023 Case Laws Income Tax

Income taxable India - taxability of receipts from consultancy services and reimbursement of expenses - characterizing receipts as Fee for Included Services (“FIS”)......
December 19, 2023 Case Laws Income Tax

Disallowance u/s 14A r.w.r. 8D - as argued CIT(A), instead of adopting the average value of investment of which income is not part of the total income i.e., the value of....
December 19, 2023 Case Laws Income Tax

Assessment u/s 153A/153C - addition on account of income from undisclosed sources - CIT(A) has given a categorical finding that the seized material belonged to the......
December 19, 2023 Case Laws Customs

Enhancement of the value of the imported goods twice - When the freight is pre-paid and inclusive in the price, there is no requirement to add element of freight @20%......
December 19, 2023 Case Laws Customs

Confiscation - redemption fine - penalty - import of musk melon dried seeds - It was on record that the amendment of the erstwhile policy on free import of the impugned.....
December 19, 2023 Case Laws Customs

Levy of penalty on appellant u/s 114 (i) and 114 AA of the Customs Act, 1962 - assisting / abetment of export of Muriate of Potash - illicit export of goods - Based on......
December 19, 2023 Case Laws Customs

EPCG Scheme - Adjudication Authority violated the terms of the remand order. - Once the Tribunal has given a finding that the appellant complied with the export......
December 19, 2023 Case Laws FEMA

Offence under FEMA - petitioner had made foreign remittances to different foreign companies under the guise of payments against the bogus import of services - In the......
December 19, 2023 Case Laws FEMA

Levy of penalty - Offence under FEMA - bidding process for the IPL franchise organised by the BCCI - We are in agreement with the finding of the Tribunal that in the......
December 19, 2023 Case Laws Service Tax

Refund of Service tax - The Commissioner (Appeals) also proceeded to hold that machining of rails cannot be treated as providing service by way of commissioning or......
December 19, 2023 Case Laws Central Excise

Valuation of goods - It is observed that after erection of the furnace, the bought-out items are part of the immovable property - the value of bought out items, which......
December 18, 2023 Case Laws Income Tax

Validity of assessment order against appellant/foreign company without issuing a draft assessment order as mandated u/s 144C - Scope of term “eligible assessee”- ......
December 18, 2023 Case Laws Income Tax

Disallowance u/s. 40A(2)(b) - assessee company had paid interest on Unsecured loans and advances taken from Directors and relatives - Considering the fact, the above two....
December 18, 2023 Case Laws Income Tax

The subscription, professional and training services rendered by the assessee does not fall within the definition of FTS both under the Act as well as under the DTAA and....
December 18, 2023 Case Laws Income Tax

Reopening of assessment - Although the petitioner has resorted to window dressing of the statement of actual of statements filed along with the Statement of Profit and......
December 18, 2023 Case Laws Income Tax

Validity of Revision u/s 263 - Allowing Exemption u/s 54 instead of 54F - Source of LTCG is not from residential house and since the assessee had earned capital gain on.....
December 18, 2023 Case Laws Income Tax

Non-collection of TCS u/s 206C - there is no ambiguity that the seller of forest product is required to collect tax on forest produce. But the “Minor Forest Product” are....
December 18, 2023 Case Laws Income Tax

Revision u/s 263 - deduction u/s 80GGC - Genuineness of donation to the political party - We agree with the observations made by PCIT that it is quite unusual that......
December 18, 2023 Case Laws Income Tax

Rectification u/s 154 - AO rejected TDS Credit after issuance intimation U/s 143(1) - withdrawal of TDS is a separate activity of the deductor. The mere rejection of TDS....
December 18, 2023 Case Laws Income Tax

Penalty u/s 271(1)(c) - non specification of clear charge - undisclosed unsold inventory - Notice u/s. 274 r.w.s. 271(1)(c) of the Act was issued without striking off......
December 18, 2023 Case Laws Income Tax

Addition on account of cash deposit during demonetization period - the assessee glumly failed to justify the genuineness of the cash on hand viz a viz its use for......
December 18, 2023 Case Laws Income Tax

Rectification of mistake u/s 154 - deduction u/s. 10A - View taken by the Ld. AO in the proceedings initiated u/s. 154 tantamount to a change in view resulting into......
December 18, 2023 Case Laws Income Tax

Addition u/s 69B - unexplained investment - it is evident that those three flats belonging to the M/s Starlight security LLP mentioned in the Escrow agreement has......
December 18, 2023 Case Laws Income Tax

Assessment u/s 153A - disallowance of bogus Long Term Capital Gain - In five scrutiny cases of the sale of shares, i.e. TFCIL, gain earned by the assessee was accepted......
December 18, 2023 Case Laws Customs

Classification of imported goods - Echo Family Devices - The impugned devices perform a host of functions including reception, conversion and transmission of voice or......
December 18, 2023 Case Laws Customs

Clearance of goods from Noida SEZ - Exemption notifications applicable to SAD - Undisputedly, the exemption notification no. 6/2004-Cus was not available during this......
December 18, 2023 Case Laws Customs

Rejection of request for provisional release of the impugned goods - Gold - The goods even if there is any remote possibility of being found prohibited or restricted at.....
December 18, 2023 Case Laws Customs

Benefit of exemption from customs duty - Import of Wireless Access Points [WAP]/ MIMO Product - WAP imported by the appellant works on technology and does not support......
December 18, 2023 Case Laws Companies Law

Constitutional Validity - West Bengal Excise (Change in Management) Rules, 2009 - Changes in the Board of Directors - The inevitable conclusion must be that clause (d)......
December 18, 2023 Case Laws Insolvency and Bankruptcy

Territorial Jurisdiction - validity of declaratory decree to the effect that the purported Assignment Deed - permanent and mandatory injunction - the jurisdiction vested....
December 18, 2023 Case Laws Service Tax

Demand of service tax - nature of activity - notice pay recovered from the ex-employee - Notice pay, in lieu of termination does not give rise to the rendition of......
December 18, 2023 Case Laws Service Tax

Invocation of Extended period of Limitation - It is apparent from the record that after receiving the specific information that the appellant has short paid service tax,....
December 18, 2023 Case Laws Central Excise

Refund of excess paid duty - Unjust enrichment - Admittedly Appellant have not received the full amount as per the invoices and further at the time of finalisation of......
December 17, 2023 Case Laws GST

Denial of Input Tax Credit (ITC) - requirements of Section 16(2) of GST / WBGST Act fulfilled or not - Failure of the supplier to pay GST to the government - High Court.....
December 16, 2023 Case Laws GST

Exemption from GST - Services related to agricultural produce - Merely by blending i.e. mixing or combining different teas and/or packing, such processes would not......
December 16, 2023 Case Laws GST

Seeking approval to modify / amend FORM GSTR-1 - The proviso ought not to defeat the intention of the legislature as borne out on a bare reading of subsection (3) of......
December 16, 2023 Case Laws GST

Levy and collection of cess by the respondent authorities under the provisions of the Assam Agricultural Produce Market Act, 1972 post the GST regime - the levy of cess.....
December 16, 2023 Case Laws GST

Revocation of tagging/naming the petitioner as “risky exporter” - On the lapse of three weeks from today in the event, verification is not completed in terms of......
December 16, 2023 Case Laws GST

Local Authority or not - GST on procurement of security services - The appellant is neither a department nor establishment of the Central/State Government, nor a local......
December 16, 2023 Case Laws GST

Classification of goods - frozen chicken - The Applicant has stated that the impugned frozen chicken is pre-packaged and labelled. Accordingly, adhering to other......
December 16, 2023 Case Laws GST

Supply or not - recovery of subsidised value from employees for providing canteen facility - The supply of food by the employer, i.e, the applicant to their employees is....
December 16, 2023 Case Laws GST

Input tax credit (ITC) on Basic Customs Duty (BCD), Countervailing Duty (CVD) and Special Additional Duty (SAD) - In case of the Applicant, Basic Customs Duty (BCD),......
December 16, 2023 Case Laws Income Tax

Income accrued in India - Royalty receipts - as the appellant/assessee is only acting as a Registrar and thus offering its services to its customers for having their......
December 16, 2023 Case Laws Income Tax

Revision u/s 263 - No doubt, these transactions were not recorded at the time of survey thus qualify as unrecorded transactions satisfying one of the essential......
December 16, 2023 Case Laws Income Tax

Exemption u/s 11 - Claim denied on non-filing of Form 10B - The assessee could not attend the communication due to IT-website technical glitches, however has eventually.....
December 16, 2023 Case Laws Income Tax

LTCG - Exemption u/s 54 and 54EC - The property was received by the appellant as a 'gift'. The provision of subsection (1) of Section 49 of the Act is squarely......
December 16, 2023 Case Laws Income Tax

Addition under the Head "Income from Other Sources" u/s 56(2)(viib) - It is apparent that there is no case of application of Section 56(2)(viib) to the facts of......

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