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Highlights / Annotations / Catch Notes For February of 2021

Home Highlights February February 2021 Year 2021

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Showing 101 to 150 of 432 Records

1 234 5 6 7........ 9

February 22, 2021 Case Laws GST

Doctrine of promissory estoppel - Impact of migration to GST from erstwhile area back exemption / incentive scheme in Central Excise - the Excise duty Exemptions availed....
February 22, 2021 Case Laws Income Tax

Exemption u/s 10(23BBA) - Exemption from income-tax in the case of statutory bodies or authorities for the administration of public religious or charitable trusts or......
February 22, 2021 Case Laws Income Tax

Depreciation on intangible assets - a reading the words 'any other business or commercial rights of similar nature' in clause (b) of Explanation 3 indicates that......
February 22, 2021 Case Laws Income Tax

Disallowance of weighted deduction u/s 35(2AB) - Courts have held that for deduction under section 35(2AB) of the Act, first step was the recognition of facility by the.....
February 22, 2021 Case Laws Income Tax

Penalty u/s 271D - co-operative bank has accepted deposits in cash exceeding ₹ 20,000/- from its members - Bona-fide belief of the assessee that the transactions......
February 22, 2021 Case Laws Income Tax

Disallowance of the interest expenditure u/s 43B(d)/(e) r.w ‘Explanation 3D’ - As observed by the A.O, as the interest debited/charged by the bank got converted into......
February 22, 2021 Case Laws Customs

Applicability of time limitation on demand of Customs Duty - The mere delay on the part of the Authorities to detect the violation of export obligation and issue show......
February 22, 2021 Case Laws Customs

Condonation of delay in filing this Anti-Dumping Appeal - The appellant concealed material relevant facts from the Tribunal since the appellant has not stated that four.....
February 22, 2021 Case Laws Customs

Classification of imported goods - Big Cola - Big Orange Cola - Big Lemon etc. - In our view neither carbonated beverage alone nor fruit juice alone gives the essential.....
February 22, 2021 Case Laws Insolvency and Bankruptcy

Initiation of CIRP - A perusal of the contents of the reply to the Demand Notice, this Tribunal is unable to find any ‘Dispute’. It is seen from the record that at the......
February 22, 2021 Case Laws Insolvency and Bankruptcy

Initiation of CIRP - Section 3(10) of The Insolvency and Bankruptcy Code 2016 defines ‘Creditor’ and even in the said definition a ‘Decree Holder’ cannot be excluded to.....
February 22, 2021 Case Laws Service Tax

Classification of services - Banking and other Financial Services or otherwise? - CESTAT has returned a clear finding that hire purchase is but loan and that hirer......
February 22, 2021 Case Laws Service Tax

Levy of Service Tax - amount of liquidated damages/penalty collected by the appellant for non-compliance of the terms of the procurement contracts - - Explanation to......
February 22, 2021 Case Laws Central Excise

Seeking for restitution of amount deposited by petitioner - it cannot be said that it is clear case of remand - the deposit made during the course of investigation and......
February 22, 2021 Case Laws Central Excise

Interest on delayed refund of Central Excise duty paid - Mere bald and omnibus submissions of the respondents that the petitioners are not entitled to interest on......
February 22, 2021 Case Laws VAT and Sales Tax

Levy of penalty u/s 10-A of the Central Sales Tax Act, 1956 - It was therefore stated that the dyeing units were not engaged in any manufacturing activity - job......
February 22, 2021 Case Laws GST

Job Work - Classification of Supply - rate of GST - coatings of pure metal alloys which include plasma spray, HVOF spray, powder flame spray, wire flame spray - Taxable.....
February 22, 2021 Case Laws Income Tax

Deduction u/s 80IA - operation and maintenance activities - The important aspect to be taken note of is the use of the expression 'or'. Therefore, an enterprise,......
February 22, 2021 Case Laws Income Tax

Transfer pricing (TP) adjustment - the learned TPO was not justified in comparing the gross margin in export segment vis-a-vis gross margins in domestic segment. - There....
February 20, 2021 Case Laws GST

Functioning of Advance Ruling Authority - quorum of two members not complete - having regard to the fact that since November, 2020, the Advance Ruling Authority has not.....
February 20, 2021 Case Laws GST

Provisional attachment - the requirement of the statute as provided for u/s 83(2) of the CGST Act, which limits the operation of order of provisional attachment for one.....
February 20, 2021 Case Laws Income Tax

Addition u/s 69A - Cash found and seized during the course of search - the findings are purely findings of fact which have been concurrently accepted by the CIT(A) as......
February 20, 2021 Case Laws Income Tax

Deduction in respect of expenditure incurred under the head of marketing support fee and transaction support fee - every activity which gives an enduring benefit to the.....
February 20, 2021 Case Laws Income Tax

Re-assessment of processing fee - Recognition of income - Method of accounting - Assessments for previous and later years following this consistent method of accounting.....
February 20, 2021 Case Laws Income Tax

Approval u/s 10(23C)(v) - Assessee does not have any approval under section 10(23C)(v) of the I.T. Act for the assessment year under appeal, therefore, there is no......
February 20, 2021 Case Laws Income Tax

TDS u/s 192 or 195 - salary and other allowances of expatriate employees - As perused the TDS certificates, Forms 15CA and 15CB, tax deducted by the assessee and all......
February 20, 2021 Case Laws Income Tax

Validity of the reopening of the assessment - Merely because some unrelated party in her statement has stated that the assessee and his wife have paid consideration over....
February 20, 2021 Case Laws Income Tax

Correct head of income - Interest income on FDRs - since the business of the assessee had not commenced, the interest received in the period prior to the commencement of....
February 20, 2021 Case Laws Income Tax

Addition u/s 40(a)(ia) - non deduction of tds - payments to non-resident for purchase of software prior to 15.10.2011 cannot be disallowed u/s.40(a)(ia) of the Act for......
February 20, 2021 Case Laws Income Tax

TP Adjustment - regional management services received by the assessee - incorrect factual observations and invalid of assumption of jurisdiction by the TPO who without......
February 20, 2021 Case Laws Service Tax

Benefit of SVLDRS - It is settled law even under taxation that if a person is eligible to one or another benefit, he should not be denied said benefit on procedural or......
February 20, 2021 Case Laws Service Tax

Benefit of SVLDRS - Credit of amount deposited prior to SCN towards Interest - Interestingly, had the declaration filed by the petitioner been accepted, there would have....
February 20, 2021 Case Laws Service Tax

Levy of penalty u/s 78 - entire facts were available on record and on this there is no dispute; nor is there any contrary finding by the adjudicating authority. The......
February 20, 2021 Case Laws Central Excise

Cenvat / Modavt Credit - Capital goods or not - H.R. Plates/Coils - The Commissioner in the present case considered the use of H.R.Plates/Coils by the......
February 20, 2021 Case Laws Central Excise

Imposition of penalty u/r 25 of CER - Second stage Dealer - Violation in respect of issuing Invoice - proper invoices were not issued and consequently, there is......
February 20, 2021 Case Laws VAT and Sales Tax

Period of limitation in remand case - The impugned order has not been passed in consequence of, or to give effect to, any decision of this court which requires the......
February 20, 2021 Case Laws VAT and Sales Tax

Benefit of Section 5(3) of the Central Sales Tax Act, 1956 - Non-fulfilment of export obligation - In the instant case, the transaction between the dealers and the......
February 20, 2021 Case Laws Indian Laws

Dishonor of Cheque - burden of proof on complainant to establish his case - rebuttal of presumption - In the present case non filing or production of books of accounts......
February 19, 2021 Case Laws Service Tax

Inquiry proceedings under Service Tax - apprehension of arrest - The summons issued to the petitioners / petitioner No.2, does not authorize the investigating officer to....
February 19, 2021 Case Laws GST

Default in submission of GST returns - E-Way Bill (EWB) generation facility of the petitioner blocked on the EWB Portal in the event the petitioner fails to file their......
February 19, 2021 Case Laws GST

Seeking grant of Bail - Section 69 and 132(1) of GST- The belief must not be based on mere suspicion; it must be founded upon information - Bail jurisprudence which has.....
February 19, 2021 Case Laws GST

Ineligible ITC availed - Blocking of its electronic credit ledger due to non-filing of GSTR-3B by its vendor - This Court is also of the view that the petitioner should.....
February 19, 2021 Case Laws Income Tax

Draft assessment order passed in the name of company as merged/amalgamated with the petitioner company - Petitioner played a trick on the Income Tax Department to......
February 19, 2021 Case Laws Income Tax

Deemed dividend addition u/s 2(22)(e) - The sum so paid has been adjusted towards security deposit which is evident from the books of the company and therefore, the......
February 19, 2021 Case Laws Income Tax

Reopening of assessment u/s 147 - details available in the books of account for balance sheet or profit or loss account cannot absolve the assessee from his disclosure......
February 19, 2021 Case Laws Income Tax

Exemption u/s 11 - donation to other charitable institution - during the year under consideration admittedly the said donee entity was never engaged in the activities of....
February 19, 2021 Case Laws Income Tax

Unexplained cash credit u/s 68 - cash deposited during the demonetization period - since the AO has accepted the sales/turnover of the assessee which were reflected in......
February 19, 2021 Case Laws Income Tax

Addition u/s 68 - A.O. failed to conduct scrutiny of the documents at assessment stage and merely suspected the transaction between the Investors and the assessee. A.O......
February 19, 2021 Case Laws Income Tax

Validity of reopening of assessment - unexplained bank deposits - A.O. has recorded incorrect, wrong and non-existing reasons in the reasons recorded for reopening of......
February 19, 2021 Case Laws Income Tax

Addition u/s 40A(2)(B) - payment to related person - Salary to wives of the partners of the firm - Ld. A.O has not made any efforts in this regard and without making any....

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F: Stock damaged in recent floods

F: GST on Solar Plant

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F: Transfer of ITC without filing ITC-02

F: assessment order

F: INTERMEDIARY SERVICES OR EXPORT SERVICES

H: Revision: Hospital receipts verified, partial refunds & fees paid subs...

F: ITC Issue in case of Acqusition of Company in Insolvency

H: Goods matched documents like e-way bill and invoices; detention order ...

H: Goods Inspection Matches E-Way Bill, Lack of Tax Evasion Intent Quashe...

H: Income tax reassessment validity: AO initiated proceedings u/s 147 ins...

H: Reassessment Rules Interpretation: Taxpayer Wins Over Accommodation En...

H: Sale-purchase loss disallowed unreasonably by tax officer, commercial ...

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H: Loan to equity conversion attracts income tax on excess share premium ...

H: Property purchase: Joint owners pay via banking channels before regist...

H: Tax exemption limit for leave encashment: Local authorities' employees...

H: Tax assessments beyond 6-year limit quashed, satisfaction note lacked ...

H: Cash found in lockers linked to temple trust and educational foundatio...

H: Microphone Tech Classification: Functionality Over Technology.

H: Exemption from Social Welfare Surcharge on duty-free imports via scrips.

H: Claim for performance pay not an operational debt under IBC; Multiple ...

A: Director Identification Number

A: No GST is applicable for the services provided by the Director under p...

A: Income Tax Act Revamp (Comprehensive Review): Status and Suggestion on...