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Highlights / Annotations / Catch Notes For February of 2023

Home Highlights February February 2023 Year 2023

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Showing 51 to 100 of 526 Records

123 4 5 6........ 11

February 25, 2023 Case Laws Income Tax

Unexplained Receipts shown in Form No. 26AS - By putting the onus on the assessee, the AO has grossly erred as the assessee is not responsible to explain the recipients.....
February 25, 2023 Case Laws Income Tax

Writing off towards software capital work-in-progress - It is not a case where the assessee purchased certain plant and machinery or incurred certain capital costs which....
February 25, 2023 Case Laws Income Tax

Revision u/s 263 - Scope of the notice issued - the Explanation did not expand the scope of section but only explained the scope of section, and therefore, once the......
February 25, 2023 Case Laws Customs

Levy of penalty u/s 114 of the Customs Act, 1962 - Over-valuation of goods to avail a higher duty drawback - There is no dispute that the goods were over-valued.......
February 25, 2023 Case Laws Customs

Seeking return of Demand Drafts - amount paid voluntarily or not during investigation by DRI - According to the petitioner, the said amount was recovered by coercion,......
February 25, 2023 Case Laws Customs

Exemption from customs duty - preferential Trade Agreement with Asian Countries - Mere non-mention of the invoice number in the certificate of Origin is not sufficient......
February 25, 2023 Case Laws Companies Law

Winding up of the appellant company - Undeniably, in cases where the defence against the claim of debt is found to be moonshine or a sham, the petition for winding up......
February 25, 2023 Case Laws Service Tax

Levy of service tax - receipt of incentive / discounts - the activity undertaken by the appellant is for the sale and purchase of the vehicle and the incentives are in......
February 24, 2023 Case Laws GST

Refund of Tax / VAT - GST on contracts entered prior to 1.7.2017- Section 142(10) of GST Act - formula with rate of VAT has been introduced, by the order dated 8.11.2017....
February 24, 2023 Case Laws GST

Writ Petitions filed invoking Article 226 of the Constitution of India - Non-constitution of Appellate Tribunal - As and when the contingency in the clause 4.3 of the......
February 24, 2023 Case Laws GST

Seeking grant of bail - creation of fake firms - availing and passing of fake/ ineligible Input Tax Credit (ITC) - without expressing any opinion on the merits of the......
February 24, 2023 Case Laws Income Tax

Delay in filing the appeal before the CIT(A) for 561 days - Delay attributable to the advice of the consultant being a chartered accountant - the assessee should not be.....
February 24, 2023 Case Laws Income Tax

Reopening of assessment u/s 147 - Since an order under section 143(3) had been passed after eliciting various information from the petitioner, which was responded to by.....
February 24, 2023 Case Laws Income Tax

Penalty proceedings u/s 271D - contravention of the provisions of Section 269SS - Once the AO has treated the personal expenses incurred by the Company as income of the.....
February 24, 2023 Case Laws Income Tax

Additions beyond the scope of show cause notice - assessment u/s 143(3) r.w.s. 144 - addition 50 times more to the income proposed - Assessment order is also contrary to....
February 24, 2023 Case Laws Income Tax

Valuation of closing stock - gold and jewellery - AO cannot change the method which was not recognized method as per the prescribed standards for valuation of closing......
February 24, 2023 Case Laws Income Tax

Long Term Capital Gains - claim of conversion of agriculture land into stock-in-trade - The assessee was required to disclose such lands as stock in trade in books of......
February 24, 2023 Case Laws Income Tax

Penalty u/s 271(1)(c) - failure to file the income tax return - Merely for non-specifying in the notice as to under which limb the penalty is levied i.e., for......
February 24, 2023 Case Laws Income Tax

Exemption u/s 11 - claiming benefit of accumulation u/s 11(2) over deemed income u/s 11(3) - non application of income - the assessee should not be eligible to claim......
February 24, 2023 Case Laws Income Tax

Revision u/s 263 - A mere observation that no proper details have been obtained, cannot be sufficient to come to a conclusion that the Assessing Officer did not make......
February 24, 2023 Case Laws Income Tax

Reopening of assessment u/s 147 - period of limitation extended to 16 years vide Finance Act, 2012- validity of notice for the period which has been expired already......
February 24, 2023 Case Laws Income Tax

Addition u/s 68 - cash credit - assessee being a share broker - All the equity shares so purchased first came in the Demat account of the assessee broker and then has......
February 24, 2023 Case Laws Customs

Validity of SCN - recovery of excess of the duty drawback - Period of limitation - SCN issued by the respondent Authority after a period of about more than six/ten......
February 24, 2023 Case Laws Companies Law

Rejection of application for reservation of name of the proposed L.L.P. - the words “AND ASSOCIATES” would be reflective of the profession of Advocacy or not - There are....
February 24, 2023 Case Laws Service Tax

SVLDRS - Non-adjustment of amount already deposited by the petitioner (as interest under protest) during the stage of investigation against the amount payable under the.....
February 24, 2023 Case Laws Service Tax

Extended period of limitation - The Adjudicating Authority has in the impugned order given clear reasons as to why the allegations of suppression of facts and intention.....
February 24, 2023 Case Laws Central Excise

Levy of duty based on production capacity u/s 3A - specified textile products - Though Section 3A of the Central Excise Act, 1944 was reintroduced by Section 79 of the......
February 24, 2023 Case Laws Central Excise

Refund of excess tax / duty paid - downward price revision based on the negative supplementary invoices - The assessee has furnished the supplementary invoices for the......
February 24, 2023 Case Laws VAT and Sales Tax

Classification of mosquito repellant ‘Good Knight’ - Transfluthrin 0.88% w/w Liquid “is an effective insecticide recommended for the control of adult mosquitoes in the......
February 23, 2023 Case Laws GST

Withdrawal from the composition permission with retrospective effect - the petitioner is right that the moment he entered into the export transactions would become......
February 23, 2023 Case Laws GST

Levy of GST - consideration received on sale of sites - without the layout plan issued by the Planning Authority, the local authority will not issue the Khata for the......
February 23, 2023 Case Laws GST

Valuation of supply of services - activities undertaken for milling of wheat into wheat flour, along with fortification and supplied upon packing of the same - the value....
February 23, 2023 Case Laws Income Tax

Validity of deduction of TDS u/s 194A on interest - Motor Accident Claims - Enhanced Principal - The Insurance Company is directed to pay the TDS amount deducted on the.....
February 23, 2023 Case Laws Income Tax

Refund of pre-deposit - ITAT on 21.10.2014 passed remand order - the authorities were required to pass fresh assessment by 31.03.2017 - But, order was not passed by that....
February 23, 2023 Case Laws Income Tax

Nature of receipt - addition on account of Hardship Compensation received - the benefit received by the assessee in the form of bigger size of flat and amount received......
February 23, 2023 Case Laws Income Tax

Reopening of assessment u/s 147 - corrigendum issued to make changes in reaosns to belive - the action of the AO to be wholly untenable in law. By issue of corrigendum,.....
February 23, 2023 Case Laws Income Tax

Rectification of mistake - Assessment of trust - depreciation on Fixed Assets denied - Assessee himself wrongly declared its income under the head ‘income from other......
February 23, 2023 Case Laws Income Tax

Deeming gift of immovable property - applicability of section 56(2)(vii) - gift of immovable property to appellant (done) prior to 1.10.2009 - Transfer Deed of lease......
February 23, 2023 Case Laws Income Tax

Demand u/s 201(1) with interest u/s 201(1A) - non deduction of TDS on the interest paid to HUDCO - minor delay in submitting the declaration that the payee (HUDCO) has......
February 23, 2023 Case Laws Income Tax

Income deemed to accrue or arise in India - absence of specific notification by the Government implementing the Protocol to India-Israel DTAA - once the DTAA itself has.....
February 23, 2023 Case Laws Income Tax

Rate of TDS on payment to non resident - Non-availability of PAN of non resident - the ld Tax Authorities below have fallen in error in not extending the benefits of......
February 23, 2023 Case Laws Income Tax

TP adjustment in respect of franchise fee - prudence of expenditure - TPO cannot step into the shoes of assessee to decide prudence of expenditure. The TPO failed to......
February 23, 2023 Case Laws Customs

DFIA (Duty Free Import Authorisation) scheme - revalidation of the DFIA licences - due to the aforementioned Public Notice dated 23.07.2010, Clarification dated......
February 23, 2023 Case Laws Customs

Debonding of 100% EOU - Demand of interest on raw materials, lying in stock beyond the warehousing period - Period of limitation - The section does not speak of any......
February 23, 2023 Case Laws Insolvency and Bankruptcy

Liability to pay IRP fees and expenses - the reasonability of the fees payable to the IRP may be determined keeping in mind that CIRP had not made much progress beyond......
February 23, 2023 Case Laws Insolvency and Bankruptcy

Validity of approval of Resolution Plan - the amount was the share of the Appellant for submitting Bid Bond Bank Guarantee by the consortium, Appellant being one of the.....
February 23, 2023 Case Laws Insolvency and Bankruptcy

Initiation of CIRP - Requirement of mandatory service of notice u/s 8 - After the transfer of winding up proceedings as per Rules 2016 read with amendments made in......
February 23, 2023 Case Laws Service Tax

Levy of fine and penalty - undue sympathy to impose an adequate penalty would undermine the efficacy of law and encourage other tax payers to avoid paying taxes on time.....
February 23, 2023 Case Laws Service Tax

Denial of CENVAT credit - credit availed and utilized on inputs and capital goods used for setting up of passive infrastructure for provision of Business Support......
February 23, 2023 Case Laws Service Tax

Export of services - input services - Air Travel Agent Service (ATAS) - input services such as Car hire charges, Insurance charges, Travel expenses and Staff welfare......

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