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Highlights / Annotations / Catch Notes For February of 2021

Home Highlights February February 2021 Year 2021

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Showing 351 to 400 of 432 Records

1 ....4 5 6 789

February 5, 2021 Case Laws Income Tax

Deemed dividend u/s. 2(22)(e) - the loans and advances were made as inter corporate deposits in ordinary course of its business which are not subject to the provisions......
February 5, 2021 Case Laws Income Tax

Taxability of share premium collected by assessee u/s.56(2)(viib) - fair market value of shares - when the assessee has substantiated share price to the satisfaction of.....
February 5, 2021 Case Laws Income Tax

Unexplained cash credit u/s 68 - non-existing liability - AO as well as the ld.CIT(A) without considering reconciliation filed by the assessee along with necessary......
February 5, 2021 Case Laws Income Tax

Addition u/s 69 - When the AO does not know as to who is the broker to whom alleged amount is given, AO was not justified in making estimate based on general information....
February 5, 2021 Case Laws Income Tax

Disallowance of interest expenditure in the hands of partner - investment as capital in the business of the partnership firm - Absence of earning any interest income on.....
February 5, 2021 Case Laws Income Tax

Addition u/s 43B - Bonus - Disallowance of provision for management incentive performance reward - the payment under the good work reward does not constitute bonus......
February 5, 2021 Case Laws Income Tax

Addition u/s 68 - Cash credit surrendered - Income erroneously offered by the assessee in current AY - The above said credits/ amount were not received during the......
February 5, 2021 Case Laws Service Tax

Refund of lying unutilized in their CENVAT credit account - at the time of availement of the cenvat credit, it was never disputed that the appellant is not entitled to......
February 5, 2021 Case Laws Service Tax

Continuation of proceedings after death or adjudication as an In-solvent of a party to the appeal or application - as per Rule 22 of the Customs, Excise and Service Tax.....
February 5, 2021 Case Laws Service Tax

Maintainability of appeal - time limitation - time spent before wrong fora to be excluded from limitation period or not? - if the appeal was filed wrongly before the......
February 5, 2021 Case Laws Service Tax

Levy of Service tax - tolerating an act of electricity consumers - amount of late payment surcharge, meter rent and supervision charges received by the appellant from......
February 5, 2021 Case Laws Indian Laws

Dishonor of Cheque - Insufficiency of funds - The petitioner has not been able to discharge the initial burden on him to rebut the presumption under Section 118 of the N....
February 4, 2021 Case Laws GST

De-freezing the bank account of petitioner - fraudulent availment of the ITC - Petition disposed off while granting them liberty to file their objections, under Rule......
February 4, 2021 Case Laws GST

Refund of amount towards IGST - as on date on account of such amendment in operation, the writ applicants have Nil balance of IGST in its electronic credit ledger and......
February 4, 2021 Case Laws GST

Refund of unutilised input tax credit - interest for delayed payment of refund - In view of the categorical assertion made by the learned counsel representing the......
February 4, 2021 Case Laws Income Tax

TP Adjustment - associated enterprise or not - it is evident that sub-Sections (1) and (2) of Section 92A of the Act are interlinked and have to be read together. In......
February 4, 2021 Case Laws Income Tax

TDS u/s 194A - interest paid to various members of the Society - No doubt, by the Finance Act, 2015 which entered into force with effect from 01.06.2015, clause (v) of......
February 4, 2021 Case Laws Income Tax

Addition u/s 40A(2) - remuneration paid to the Managing Director nearly 90% of the returned income of the assessee company - Commissioner of Income Tax (Appeals) as well....
February 4, 2021 Case Laws Income Tax

Revision u/s 263 - As seen from the assessment order that the AO had made enquiries in respect of the cost of construction and it cannot be said that no query was raised....
February 4, 2021 Case Laws Income Tax

Reopening of assessment u/s 147 - reopening after expiry of four years - Original assessment have been passed under section 143(3) on Dated 14.12.2011 and A.O. recorded.....
February 4, 2021 Case Laws Income Tax

Disallowance of payments as penal in nature - compensatory payment made by assessee/retained from the sale proceeds by monitoring committee on the directions of Supreme.....
February 4, 2021 Case Laws Income Tax

Prior Period Expenditure - The amount representing CENVAT credit on PSF / UDF and advertisement expenses were wrongly offered as income in assessment years 2010-11 and......
February 4, 2021 Case Laws Income Tax

Revision u/s 263 - the ld. PCIT had alleged that the ld. AO had not made any enquiry at all on the issue of long term borrowings and other current liabilities. It is not....
February 4, 2021 Case Laws Customs

Smuggling - Gold - distinct offences or not - It is true that every act of smuggling may not be covered under the definition of Terrorist act and only such smuggling of.....
February 4, 2021 Case Laws Insolvency and Bankruptcy

Financial Creditors or not - a person having only security interest over the assets of corporate debtor, even if falling within the description of 'secured creditor' by.....
February 4, 2021 Case Laws Insolvency and Bankruptcy

Jurisdiction - power of Tribunal to review its own order - Power of Review has to be granted by statute and the ‘power of Review’ is not an inherent power and therefore.....
February 4, 2021 Case Laws VAT and Sales Tax

Refund of tax paid on purchase of inputs - inputs disallowed - The order passed by the Joint Commissioner of Commercial Taxes cannot be said to be erroneous. The......
February 4, 2021 Case Laws Indian Laws

Dishonor of Cheque - Partnership firm - vicarious liability - Non working Partner was in charge of the affairs of the firm or not - a private document like the......
February 3, 2021 Case Laws Income Tax

Penalty u/s 271DA for violating the provisions of Section 269ST - Settlement Commission, under the proviso to Section 245F(2), with effect from 1st November, 2019 when......
February 3, 2021 Case Laws Income Tax

Reopening of assessment u/s 147 - failure to file the ITR - while filing a return an assessee is not bound or obliged to disclose any information in relation to any fact....
February 3, 2021 Case Laws Income Tax

Reopening of assessment u/s 147 - As examined the belief of the Assessing Officer to a limited extent to look into whether there was sufficient or any tangible materials....
February 3, 2021 Case Laws Income Tax

Validity of Reopening of assessment u/s 147 - The entire basis for reopening the assessment is on the premise that there was a cash transaction of a huge amount, and......
February 3, 2021 Case Laws Income Tax

Penalty levied u/s 271(1)(c) - deferred tax asset written off debited in the profit and loss account as exceptional item but the same has not been disallowed in the......
February 3, 2021 Case Laws Income Tax

Disallowance of weighted deduction claimed u/s 35(1)(ii) - approval granted to the donee organization was rescinded with retrospective effect - There is no conclusive......
February 3, 2021 Case Laws Income Tax

Miscellaneous application maintainability as filed beyond the limitation period as provided u/s 254(2) - where there is no provision for condonation of delay for filing.....
February 3, 2021 Case Laws Income Tax

Income accrued or deemed to accrues/arise in India - Permanent Establishment (PE) - While the Assessing Officer has proceeded on sweeping generalizations about the risks....
February 3, 2021 Case Laws Customs

Refund of amount paid by the petitioner during the pendency of its appeal - duty paid under protest - unjust enrichment - amounts deposited in terms of Section 131 of......
February 3, 2021 Case Laws Customs

Claim of interest on refund of amount deposited during the pendency of its appeal - The petitioner is not entitled to interest at 12% as was prayed by the petitioner.......
February 3, 2021 Case Laws Customs

Advance licence - advance licence had been obtained by misrepresentation or not - importing a different material than one permitted under the licence - violation of the.....
February 3, 2021 Case Laws Insolvency and Bankruptcy

CIRP proceedings - Financial Creditors - Related party - while the default rule under the first proviso to Section 21(2) is that only those financial creditors that are.....
February 3, 2021 Case Laws Service Tax

Interpretation of statute - whether determination of service tax by the Central Excise Officer, is necessary before making a demand under Section 73A(3) of the Finance......
February 3, 2021 Case Laws Service Tax

Taxability - supply of tangible good for use or not - tool kits provided by the appellant to associated companies - The submission of the appellant that tool kits were......
February 3, 2021 Case Laws Central Excise

Valuation - clearance to sister unit - applicability of Rule 4 of the Valuation Rules or Rule 8 - the Ld. Commissioner, in his impugned order in para 3.8, while......
February 3, 2021 Case Laws Indian Laws

Non-payment of professional fee/retainership fee bills of empanelled lawyers - The fact that the Petitioner was forced to approach this Court is extremely unfortunate.......
February 2, 2021 Case Laws Income Tax

Offence under Section 277 - Whether all the Directors of the Company can be prosecuted for any violation of the Income Tax Act in terms by relying on the inclusive......
February 2, 2021 Case Laws Income Tax

Offence under Section 277 - Jurisdiction - in the event of accused being an individual, if the said accused has a temporary residence within the jurisdiction of the......
February 2, 2021 Case Laws Income Tax

Unexplained cash deposit in bank account u/s 69A - story created by assessee for withdrawing the amount for settlement of the matrimonial dispute - There is a......
February 2, 2021 Case Laws Income Tax

Characterization of income - forfeiture of earnest money from the contractors, forfeited and appropriated by the assessee - The commercial operations of the power plant.....
February 2, 2021 Case Laws Income Tax

Revision u/s 263 - merely because the ld. PCIT does not agree with the order of the AO cannot make the order erroneous as long as the same was passed after all possible.....
February 2, 2021 Case Laws Income Tax

Revision u/s 263 - addition made u/s. 68 - Assessee had discharged the onus upon it about the identity creditworthiness and genuineness of the share capital and premium.....

1 ....4 5 6 789

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