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Highlights / Annotations / Catch Notes For February of 2021

Home Highlights February February 2021 Year 2021

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Showing 301 to 350 of 432 Records

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February 9, 2021 Case Laws Income Tax

Validity of Orders passed u/s 201(1) and 201(1A) - period of limitation - retrospective applicability of the provisions - TDS u/s 192 - non deduction of TDS on Cash......
February 9, 2021 Case Laws Income Tax

Deduction of repairs & maintenance expenses - Revenue or capital expenditure - CIT(A) has deleted the disallowance without examining the details of expenses. In effect,.....
February 9, 2021 Case Laws Income Tax

Revision u/s 263 - accrual of income - Decree recognized interest on the decretal amount - AO has made specific inquiry and there was material on record before framing......
February 9, 2021 Case Laws Direct Taxes

Benami transactions/money laundering and evasion of income tax - Petitioners want to buttress their pleadings in the suit by extracting information from the Income Tax......
February 9, 2021 Case Laws Customs

Levy of Demurrage Charges - the second respondent was insisting that the petitioner should pay even for the period during which the department proceedings were pending......
February 9, 2021 Case Laws Direct Taxes

Prohibition of Benami Property Transactions - Petitioner wants this Court to do a roving enquiry into the affairs of the Registration Department and the business affairs....
February 9, 2021 Case Laws Central Excise

Refund of countervailing duty - Payment of CVD on return / re-import of goods - entitlement to take credit amount of CVD paid by them on return of the goods under Rule......
February 9, 2021 Case Laws Central Excise

Recovery of Central Excise Duty based on Audit Objections - CIRP Proceedings are pending - Upon hearing learned counsel for the parties and taking note of the Insolvency....
February 9, 2021 Case Laws Service Tax

Refund claim - time limitation - validity of refund only to the service provider and not to the party being the service recipient - The appellants for the processing of.....
February 9, 2021 Case Laws VAT and Sales Tax

Recovery proceedings - We are of the view that as the appeal and the stay application is yet to be adjudicated by the Tribunal, there should not be any further......
February 9, 2021 Case Laws VAT and Sales Tax

Correctness of the rejection of the application seeking refund - Time limitation - The Prescribed Authority is given the liberty to entertain such claims that may be......
February 8, 2021 Case Laws GST

Provisional attachment of goods - section 83 of CGST Act - The language of Section 83 of the Act is plain and simple. In the absence of any proceedings pending as on......
February 8, 2021 Case Laws GST

Provisional attachment of the immovable properties as well as the cash credit account of the writ-applicant - Section 83 of the SGST Act, 2017 - The provisional......
February 8, 2021 Case Laws Income Tax

Validity of order of Tribunal extending the stay beyond a period of 185 days - delay in disposing of the appeal is attributable to the assessee - Scope of Section......
February 8, 2021 Case Laws Income Tax

Penalty u/s 271E - Period of limitation - The assessee, on change of jurisdiction, requested for rehearing the case as provided in the proviso to section 129 of the Act.....
February 8, 2021 Case Laws Income Tax

Validity of reopening of assessment - no valid notice issued - A notice or an order without having signature of the person who issued such notice loses its relevance and....
February 8, 2021 Case Laws Income Tax

Penalty u/s 271D - amount accepted by the assessee in cash - advance received against sale of land - Section 269SS refers to the loan or deposit received in cash and......
February 8, 2021 Case Laws Income Tax

Characterization of income - Trading in shares - d 'capital gains' or 'business income' - While maintenance of capital and trading transactions as a separate category in....
February 8, 2021 Case Laws Income Tax

Expenditure Allowable u/s 37(1) - Disallowance of medical insurance premium paid for the family members of the employees of the company - it can hardly be said that the.....
February 8, 2021 Case Laws Income Tax

Addition u/s.56(2)(viii) - interest for delayed payment of compensation under the Land Acquisition Act - interest received by the assessee towards delayed payment of......
February 8, 2021 Case Laws Income Tax

Ad-hoc disallowance @ 7.5% on trading expenses - failure to submit the documents - As it is highly unlikely that the assessee would intentionally or deliberately not......
February 8, 2021 Case Laws Income Tax

Disallowance of Depreciation claimed on the machineries purchased at the end of the year - It is quite evident the machines were not only installed but ready to use as......
February 8, 2021 Case Laws Income Tax

TP Adjustment - Grant of negative working capital adjustment - Since the assessee does not have any working capital risk, the question of negative working capital does......
February 8, 2021 Case Laws Income Tax

Income accrued in India - Reimbursement of expenses as “not income” - royalty or fees for technical services - Since the payment in the case of the assessee was neither.....
February 8, 2021 Case Laws Customs

Benefit of conversion from Drawback scheme to DFIA scheme - applicability of benefit at any time for the clearances which had taken place almost four years back - It is.....
February 8, 2021 Case Laws Insolvency and Bankruptcy

Whether the leasehold land of the Corporate Debtor can be scheduled into the Liquidation Estate of the Corporate Debtor? - Since, the Building/ hospital is situated in......
February 8, 2021 Case Laws Service Tax

Rejection of application (declaration) filed under the Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 - SVLDRS - The decisions of rejecting the application by......
February 8, 2021 Case Laws VAT and Sales Tax

Refund of the amount recovered during the search - There is no legal justification for withholding the amount referred to above, which is otherwise refundable to the......
February 8, 2021 Case Laws VAT and Sales Tax

Legality and validity of the order of attaching the bank account of the writ-applicant in exercise of power u/s 44 of the GVAT Act - he plain reading of the aforesaid.....
February 6, 2021 Case Laws GST

Grant of Anticipatory Bail - fake invoices through various firms, floated/ managed either directly by them or by putting convenient people to manage their affairs - It......
February 6, 2021 Case Laws GST

Confiscation of goods or conveyance and levy of penalty u/s 130 - The writ-applicant shall file his reply and shall make his case good for the purpose of getting notice.....
February 6, 2021 Case Laws Income Tax

TDS u/s 194C - commission to the newspaper vendors and to advertisement agent - the dealings between the Assessee and the advertising agencies were on a principal-to-......
February 6, 2021 Case Laws Income Tax

Revision u/s 263 - This is also not a case where the Commissioner failed to undertake inquiry in the course of the exercise of revisional jurisdiction. It is only in......
February 6, 2021 Case Laws Income Tax

Revision u/s 263 - Even though the ld. CIT was rightfully entitled to take recourse to the Explanation 2, but thereafter he needed to bring the case with in any one or......
February 6, 2021 Case Laws Income Tax

Capital or revenue loss - non-recovery of advances given by the assessee for acquiring immovable property - Classification of this expenditure as capital in nature in......
February 6, 2021 Case Laws Income Tax

Unexplained closing stock - discrepancy of the actual stock and the stock as recorded in the books of account - The survey was done in the presence of the assessee and......
February 6, 2021 Case Laws Income Tax

Additions made u/s 69 towards the source of purchase of land - On merits, we find that once the summons have been issued and these persons have appeared and given their.....
February 6, 2021 Case Laws Income Tax

Purchase of two industrial plots of land - addition as Income from other sources u/s 56(2)(vii)(b)(ii) - the fact that the proviso is applicable in the instant case does....
February 6, 2021 Case Laws Income Tax

Reopening of the assessment u/s 147 - excess claim of deduction u/s.80JJAA - reopening of assessment is not based on sound footing and hence the impugned assessment......
February 6, 2021 Case Laws Income Tax

Deduction u/s. 80IB(10) - housing projects - land owner - It has not established either before the lower authorities or before us that it had undertaken developmental......
February 6, 2021 Case Laws Income Tax

Levy of penalty u/s. 272A(2)(k) - delay in preparation and delivery to the prescribed returns if the prescribed form is caused on account of non-availability of the......
February 6, 2021 Case Laws Customs

Refund claim of market value of gold - Here is the case where the departmental action of confiscation of seized goods came to be set aside by the CESTAT but by the time.....
February 6, 2021 Case Laws Customs

Levy of penalty - There is no allegation in the show cause notice in respect of the test certificate produced by the appellant. The mere allegation is that the appellant....
February 5, 2021 Case Laws GST

Valuation - The applicant (supplier) and the recipients are not related and the price is the sole consideration. Therefore the value of the taxable supply of manpower......
February 5, 2021 Case Laws GST

Classification of services - rate of GST - providing security guards and housekeeping services to Kuvempu University, Shivamogga - The Kuvempu University is an......
February 5, 2021 Case Laws GST

Levy of GST - Export of Supply of services or not - providing business promotion services on behalf of the foreign company, as an agent, by utilizing his medical......
February 5, 2021 Case Laws GST

Classification of services - HSN Code - Healthcare services or not - The services provided by the applicant, as explained earlier is not in connection with the diagnosis....
February 5, 2021 Case Laws GST

Grant of Bail - fraudulent availment of ITC upon the strength of fake invoices providing fabricated information on E-way bill portal - Considering the peculiar health......
February 5, 2021 Case Laws Income Tax

Exemption u/s 11 - delay in filing the Form no.10 - Condonation of delay u/s.119(2)(b) - the benefit of exemption should not be denied merely on account of delay in......
February 5, 2021 Case Laws Income Tax

TP Adjustment - negative working capital adjustment shall not be made in case of a captive service provider as there is no risk and it is compensated on a total cost plus basis. - AT

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F: Time limit to upload Form GST MOV-09 on GST portal

F: Stock damaged in recent floods

F: GST on Solar Plant

A: PENALTY ON DIRECTORS CONTRAVENING EXPORT REGULATIONS UNDER FOREIGN EXC...

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A: Penalty proceedings under Section 130 of the CGST Act cannot be initia...

N: Inland Container Depots for loading and unloading of goods - Seeks to ...

C: Guidelines to Stock Exchanges, Clearing Corporations and Depositories

T: Supreme Court Upholds Validity of Re-Assessment Notices Issued During ...

F: Transfer of ITC without filing ITC-02

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 ...

H: Building sale value can't determine depreciation; actual consideration...

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...

A: NON-SUBMISSION OF FORM 15G/15H TO THE COMMISSIONER FOR TDS UNDER SECTI...