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Highlights / Annotations / Catch Notes For February of 2023

Home Highlights February February 2023 Year 2023

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Showing 1 to 50 of 526 Records

12 3 4 5........ 11

February 28, 2023 Case Laws GST

Seeking adjustment of GST amount deposited by the petitioner in the financial year 2018- 19, which inadvertently could not be deposited in the financial year 2017-18 -......
February 28, 2023 Case Laws GST

Exemption from GST on the services provided by the applicant - the provision of services by the applicant to CGHB in relation to maintenance of various colonies of CGHB.....
February 28, 2023 Case Laws Income Tax

Capital gain computation - addition invoking the provisions of the Section 50C - the legislature used the words and expressions in Section 50C of the Act consciously to.....
February 28, 2023 Case Laws Income Tax

Non grant of Refund along with interest u/s. 244A - The legislature and executives have taken due care of the grievances of the commoners or the assessees to be......
February 28, 2023 Case Laws Income Tax

Reopening of assessment - validity of order passed u/s 148A(d) - the reopening of the assessment was bad as it was based on certain alleged “potential” cash borrowings......
February 28, 2023 Case Laws Income Tax

Validity of order u/s 148A(d) - An order under Section 148 (d) of the Income Tax Act, 1961, itself is neither an assessment nor a demand and petitioner still will have......
February 28, 2023 Case Laws Income Tax

Assessment u/s 153A - incriminating material found in search or not? - On the date of search, admittedly, the assessment with respect to the AY under consideration......
February 28, 2023 Case Laws Income Tax

Validity of order u/s 92CA - time limit for passing of the TPO order - period of limitation - despite the fact that the reference made to the Ld. TPO is valid, in......
February 28, 2023 Case Laws Income Tax

Revision u/s 263 - Scope of audit objection - The entire exercise seems to have been done because of audit objection only. Since, the Assessing Officer had duly enquired....
February 28, 2023 Case Laws Income Tax

Levy of Surcharge and cess - to be computed over the rate of tax as per DTAA or not - Article 12 read with Article 2 of the tax treaty makes it clear that the rate of......
February 28, 2023 Case Laws Income Tax

Price reduction of purchase which was offered to tax in subsequent AY - If the income does not result at all, there cannot be a tax, even though the book keeping entry......
February 28, 2023 Case Laws Income Tax

TP Adjustment - Comparable selection - TPO on his part has also adopted a filter whereby he has chosen companies having service income of 75% or more in each of the......
February 28, 2023 Case Laws Customs

Entitlement for Duty Credit Scrips under the Merchandise Exports from India Scheme (MEIS) - The Petitioner was rightly issued the MEIS scrips. However, due to......
February 28, 2023 Case Laws Customs

Exemption from countervailing duty [CVD] - there is no manner of doubt that it is only w.e.f. 26.07.2016 that parts of articles of jewellery have been included in the......
February 28, 2023 Case Laws Insolvency and Bankruptcy

Validity of interim award granted - CIRP - The appellant herein, while giving a detailed statement of claims in Form B before the IRP, has also indicated that the......
February 28, 2023 Case Laws Service Tax

Exemption from payment of Service Tax - supply of tangible goods - providing agricultural machinery on rental basis to the farmers - statutory functions performed under.....
February 28, 2023 Case Laws Service Tax

Denial of CENVAT Credit - Out of the premium collected from the buyer of the motor car/vehicle, a portion thereof is paid by the appellant to the automotive dealer as a.....
February 28, 2023 Case Laws Service Tax

Reverse charge mechanism (RCM) - charges incurred for hiring of refrigerated vehicles - mere hiring of vehicles does not suffice for transaction to be taxed under......
February 28, 2023 Case Laws Central Excise

CENVAT Credit - distribution of common input services (ISD) - Except that in few of the statements by ISD invoices in one of the columns, the credit was distributed by......
February 28, 2023 Case Laws VAT and Sales Tax

Rate of Tax - Valuation - A bare perusal of the Section 4 (charging section) of KVAT Act and Rule 3 (computation provision) of KVAT Rules would clearly indicate that......
February 27, 2023 Case Laws GST

Governmental Authority or Local Authority? - Government of Karnataka holds 99.99% of equity in the Corporation - Chamundeshwari Electricity Supply Corporation Limited......
February 27, 2023 Case Laws GST

Rate of GST - Coir-Pith Compost - If the registered person sells coir-pith compost in 25 kg and less pre-packed and labelled bags to nurseries who buys for consumption,.....
February 27, 2023 Case Laws Income Tax

Reopening of assessment u/s 147 - scope of enactment of Section 148A - Before taxing any person it must be shown that he falls within the ambit of the charging section......
February 27, 2023 Case Laws Income Tax

Bar against direct demand on assessee u/s 205 - Withholding tax payable on salary - Adjustment of the withheld tax not been deposited by the deductor - the petitioner is....
February 27, 2023 Case Laws Income Tax

Exemption u/s 11 - loss incurred out of corpus fund - What is taxable is the real income. If the AO’s view is to be accepted, it would lead to incongruous results. We......
February 27, 2023 Case Laws Income Tax

Liability of directors u/s 179 - AO is required to make efforts for recovery of the outstanding dues from the assessee private limited company which has committed......
February 27, 2023 Case Laws Income Tax

Assessment u/s 153A - approval with respect to "each assessment year" - In the instant case, the draft assessment order in 38 cases, i.e. for 38 assessment years placed.....
February 27, 2023 Case Laws Income Tax

Condonation of delay in filing the appeal before the CIT(A) - delay of 1950 days’ in filing the appeal - There is no quarrel on the point if the assessee has chosen a......
February 27, 2023 Case Laws Income Tax

Best judgment Assessment u/s 144 read with section 147 - non issuance of notice u/s 143(2) - Once the language of the statute is plain, simple, clear and unambiguous,......
February 27, 2023 Case Laws Income Tax

Transfer pricing adjustment - No interest having been charged by the assessee to the non-AE outstandings, its transaction of outstanding receivables with AE without......
February 27, 2023 Case Laws Insolvency and Bankruptcy

CIRP - applicability of provisions of PMLA - Provisional attachment order - Merely because the impugned order records alleged fraudulent transactions and diversion of......
February 27, 2023 Case Laws Money Laundering

Seeking grant of Anticipatory bail - Money Laundering - the observations made by the High Court that the provisions of Section 45 of the Act, 2002 shall not be......
February 27, 2023 Case Laws Service Tax

Works Contract or not - The appellant has carried out the painting work on this plant, machinery, building - a civil construction or a part thereof covers the plant......
February 27, 2023 Case Laws Customs

Clandestine removal of the goods from SEZ - diversion of goods in DTA - it is not proved that the original goods were loaded in the container and the same was cleared......
February 27, 2023 Case Laws Customs

Valuation of import goods - Alloy Wheels of motorcycles - When the proprietor had admitted the re-determined value and also paid the differential duty with interest and.....
February 27, 2023 Case Laws Customs

Quantum of levy of penalty and redemption fine - low amount of redemption fine and penalty imposed - use of Dummy IEC - Attempt to export helicopters without obtaining......
February 27, 2023 Case Laws Insolvency and Bankruptcy

Right of the Resolution Professional - Non-cooperation by the Directors of Corporate Debtor - NCLT rejected the application of RP with cost of Rs. 25000/--......
February 27, 2023 Case Laws Money Laundering

Provisional Attachment Order - scheduled offences or not - when the accused person has been acquitted in the scheduled offence under the PMLA, the closure of the......
February 25, 2023 Case Laws GST

Right of revenue to claim relief when GST tribunal has not constituted - whenever parties have found the need of urgent orders, the parties have filed petitions before......
February 25, 2023 Case Laws GST

Classification of goods - supply of frozen food - Since the applicant is into manufacture of ready to eat and ready to cook food products, the same are covered under......
February 25, 2023 Case Laws Income Tax

Penalty u/s 271 AAB or u/s 271 (1)(c) - concealment on income - as per clause (2) of section 271AAB, no penalty under the provisions of clause (c) of sub-section (1) of.....
February 25, 2023 Case Laws Income Tax

Revision u/s 263 - non service of notice to assessee who was in jail - Any officer of the Government including a PCIT should be conscious that once information was......
February 25, 2023 Case Laws Income Tax

Ex-parte order - Non compliance of notice issued by the Authorities and non appearance before the Authorities inspite of repeated notices/summons is dis-regard towards......
February 25, 2023 Case Laws Income Tax

Deduction u/s 80P - return of income was not filed within the due date prescribed u/s 139(1) - looking into the totality of facts, we are of the view that claim of......
February 25, 2023 Case Laws Income Tax

Taxation of capital gain - claim of reduced rate of tax @10% was not made in the return of income - the assessee is eligible to be taxed at the reduced rate of 10% in......
February 25, 2023 Case Laws Income Tax

Revision u/s 263 - exemption u/s 54F - the exercise aimed at ascertaining the correct income of the assessee has been fulfilled by the Ld. A.O. by exercising his......
February 25, 2023 Case Laws Income Tax

Supremacy of law - GAAR - in the case in hand the short term capital gain the tax on which is below the threshold set out in Rule 10 U (1) (a) (supra) further the......
February 25, 2023 Case Laws Income Tax

Addition u/s 68 - unexplained cash credit - receipt of cash from 5 different parties as advance towards sale of shops - when the assessee while discharging the initial......
February 25, 2023 Case Laws Income Tax

Validity of assessment framed by the AO u/s 153C without issuing notice u/s 143(2) - when no notice under section 143(2) is required for framing the assessment under......
February 25, 2023 Case Laws Income Tax

Revision u/s 263 - reduction from provision created for bad and doubtful debts for rural advances - real income theory - This provision for bad and doubtful debts......

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