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Highlights / Annotations / Catch Notes For February of 2020

Home Highlights February February 2020 Year 2020

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Showing 1 to 50 of 553 Records

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

February 29, 2020 Case Laws GST

Grant of regular bail - bogus firms - intent to evade GST - fake invoices issued for input tax credit (ITC) - bogus transaction of sale of yarn - The complicity of the......
February 29, 2020 Case Laws GST

Claim of exemption from GST - milk chilling and packing services - In the circular CBIC says the activity is not eligible for exemption - Milk cannot be stored without......
February 29, 2020 Case Laws GST

Grant of anticipatory bail - issuing fake invoices for the purpose of having input credit. - The ground raised on behalf of the applicant is that he was coerced to give.....
February 29, 2020 Case Laws Income Tax

Exemption u/s 11 - entitled for registration u/s 12AA - the Commissioner would be bound to record the finding that an activity or activities actually carried on by the......
February 29, 2020 Case Laws Income Tax

Exemption to "Reward" as as approved by the government in Public Interest - whether the reference to ‘approval’ in Section 10(17A) will include an implied approval or......
February 29, 2020 Case Laws Income Tax

Processing application under the Kar Vivad Samadhan Scheme, 1998 - determination of the amount payable under the scheme - Designated authority is within his powers in......
February 29, 2020 Case Laws Income Tax

Disallowance being tools and dies written off - The expenditure incurred on dies and tools is a recurring revenue expenditure and no capital asset of enduring benefit......
February 29, 2020 Case Laws Income Tax

Commission paid to Indian resident for booking orders for export - deduction of expenditure u/s 37 (1) - From reading of the agreement it is clear that no order can be......
February 29, 2020 Case Laws Income Tax

Withholding of the refund in terms of Section 241A - Merely because in the immediately preceding assessment year 2016-17, the assessee had declared a positive income as.....
February 29, 2020 Case Laws Income Tax

Validity of assessment u/s. 144C(13) - Going by the mandate of sub-section (3) of section 144C(3)/144C(4), the AO was supposed to complete the assessment on the basis of....
February 29, 2020 Case Laws Income Tax

Receipt of Fees for Technical Services (FTS) - there is no dispute that the payment made was in the nature of FTS and there is no article in DTAA for taxing the FTS......
February 29, 2020 Case Laws Income Tax

Characterization of income - profit from sale of land - conversion of agricultural land into non-agricultural land - same land was plotted and entered into agreement......
February 29, 2020 Case Laws Income Tax

Characterization of income - profit from sale of land - conversion of agricultural land into non-agricultural land - same land was plotted and entered into agreement......
February 29, 2020 Case Laws Income Tax

Addition u/s 68 - advances received from customers on the occasion of Ramnavami Nayakhata - these advances have subsequently been recorded as sales of the assessee firm.....
February 29, 2020 Case Laws Income Tax

Revision u/s 263 - Use of word "seems" by the CIT while recording reasons - It seems that, Assessment order passed by the A.O. in this case is erroneous and prejudicial.....
February 29, 2020 Case Laws Income Tax

Benefit of deduction u/s. 80IC - the agreement with ZTE is very clear that the supply of software and hardware necessary to support the software supply, installation &......
February 29, 2020 Case Laws Income Tax

MAT u/s 115JB - adjustments to Book profit - wealth tax liability does not come within the purview of Explanation–1(a) to section 115JB(2) - Wealth tax payable is......
February 29, 2020 Case Laws Income Tax

Addition of rent expenses - some of group concerns were situated in the same premises - While denying the claim of the assessee, Revenue has not factored in the business....
February 29, 2020 Case Laws Income Tax

Reopening of assessment u/s 147 - Addition u/s 68 - The reasons recorded are vague, highly non specific and reflect complete non-application of mind. It is also noted......
February 29, 2020 Case Laws Customs

Amendment in shipping bills - Benefit under Merchandise Exports from India Scheme (MEIS) - petitioner inadvertently opted for “No” instead of “Yes” in the shipping bills....
February 29, 2020 Case Laws Customs

Duty Free Import Authorisation (DFIA) scheme - export of Biscuits - ‘Cocoa Powder’ cannot be equated with Flour/Atta/Maida and thus cannot be imported against the DFIAs.....
February 29, 2020 Case Laws Customs

Imposition of penalty u/s 114(i) and 114AA of the Customs Act, 1962 - export of prohibited items - The defense does not inspire confidence. It is not convincing that the....
February 29, 2020 Case Laws Customs

Levy of penalty and redemption fine - Acceptance of enhanced value then declared value of imported goods - The concurrence obtained from the shipping agent in India has.....
February 29, 2020 Case Laws Insolvency and Bankruptcy

Initiation of CIRP - Scope of IBC - Preferential transaction u/s 43 - Looking to the legal fictions created by Section 43 and looking to the duties and responsibilities.....
February 29, 2020 Case Laws Money Laundering

Provisional attachment - Prevention of Money Laundering - PMLA - When an attempt is made to project proceeds of crime as untainted money and also when the burden of......
February 29, 2020 Case Laws Service Tax

Refund of service tax - merger arrangement / scheme of amalgamation - who is eligible to claim refund - merged company or amalgamated / resulted company - appointed date....
February 29, 2020 Case Laws Service Tax

BAS - sale or service - purchase of concentrate from the Coca Cola India - The imposition of restrictions or conditions in respect of the usage and consumption of the......
February 29, 2020 Case Laws Service Tax

Reversal of CENVAT Credit - capital goods - removal of equipment as waste / scrap - It is not contemplated, either in Finance Act, 1994 or in general commercial usage,......
February 29, 2020 Case Laws Central Excise

Demand of duty on Sulphur - There are no merit in the Revenue’s arguments that benefit of Notification No. 12/2012-CE can be denied on the ground that during manufacture....
February 29, 2020 Case Laws VAT and Sales Tax

Demand of Differential Tax - transfer of right to use - activation and installation charges of DTH Set-Top Box (STB) called Digicomp collected by the petitioner at the......
February 29, 2020 Case Laws VAT and Sales Tax

Classification of tablet computers with calling feature - tablet computer is not comparable with any of the three devices which came to be deleted from sub-heading 8525.....
February 29, 2020 Case Laws Indian Laws

Dishonor of Cheque - insufficiency of funds - rebuttal of presumptions - When legal presumption is not rebutted no corroboration is required. When the amount was......
February 28, 2020 Case Laws GST

Refund of GST paid under RCM on ocean freight - Since the Notification has been struck down as ultra vires, as a consequence of the same, the writ applicant seeks refund....
February 28, 2020 Case Laws GST

Jurisdiction - Central GST authority or State GST authority - Validity of investigation initiated by the respondents and the summons issued in connection with the said......
February 28, 2020 Case Laws GST

Carry forward of CENVAT credit - migration to GST regime - GST TRAN-1 - when the co-ordinate Bench had already declared clause (iv) of sub-section (3) of Section 140 as.....
February 28, 2020 Case Laws GST

Profiteering - the DGAP has reported that the Respondent had neither benefited from additional ITC nor had there been a reduction in the tax rate in the post-GST period.....
February 28, 2020 Case Laws Income Tax

Penalty u/s 271AAB(1)(a) - once the assessee has explained the way in which he derived income and also the purpose for which it is utilized, it is not necessary for the.....
February 28, 2020 Case Laws Income Tax

Royalty receipt or not - production work undertaken is a live coverage of event - Section 9(i)(vi) and Article 13 of the DTAA - the receipts in question cannot be......
February 28, 2020 Case Laws Income Tax

Addition u/s 68 - addition on account of share capital - the investor companies have withdrawn money from companies where funds were invested earlier and they invested......
February 28, 2020 Case Laws Income Tax

Nature of expenditure - claim of guarantee fees - The guarantee fees is directed to be allowed as revenue expenditure, subject to verification by the AO of the......
February 28, 2020 Case Laws Customs

Refund of Additional Duty of Customs paid - to allow the limitation period to start from the date of payment of duty as prescribed under the amended notification, would.....
February 28, 2020 Case Laws Service Tax

Taxability - sale of ‘canned software’ - In the absence of facts that establish otherwise or of any evidence that such was the transaction between the appellant and the.....
February 28, 2020 Case Laws Service Tax

Levy of service tax - rent received for use of bullock carts with tyres without any bullocks or driver for transporting the sugarcane to the sugar factories - Tyre......
February 28, 2020 Case Laws Service Tax

BAS - selling space on ships - this is not a case of agreement on a principal to principal basis but the appellant is appointed as an agent by the shipping lines for......
February 28, 2020 Case Laws Central Excise

Process amounting to manufacture or not - repacking - The goods are sold at the same MRP to the consumer. It is nobody’s case that the goods are sold above the MRP to......
February 28, 2020 Case Laws Central Excise

Imposition of penalty u/r 15 of Cenvat Credit Rules, 2004 - Bogus invoices- the appellant has neither taken the credit, nor utilized the credit, whereas he has only......
February 28, 2020 Case Laws Central Excise

Method of Valuation - Transaction Value u/s 4 or MRP based u/s 4A of CEA - Since the goods manufactured by the appellant are meant for use by other manufacturers also,......
February 28, 2020 Case Laws Central Excise

Valuation - inclusion of cost of advertisement incurred by the dealers in assessable value - cost of advertisement and sales promotion activity carried out by the......
February 28, 2020 Case Laws VAT and Sales Tax

The two appellate authorities have concurrently failed to appreciate not only the fact that the Assessee was entitled to file the 'C' declaration forms even at the......
February 28, 2020 Case Laws VAT and Sales Tax

Reversal of input tax credit - inputs utilised in the manufacture of internal combustion engine - clearance to SEZ unit - The restrictions in Section 19(5)(a) of the......

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