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Highlights / Annotations / Catch Notes For March of 2021

Home Highlights March March 2021 Year 2021

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Showing 1 to 50 of 462 Records

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March 31, 2021 Case Laws Income Tax

Withholding of refund u/s 241A - Non-finalization of tax demand - the AO and Principal Commissioner also, in exercise of powers under Section 241A, are concerned largely....
March 31, 2021 Case Laws Income Tax

TDS u/s 194C OR 194J - Short deduction of tds - payment of Special Services - The assessee is facing genuine hardship as on the one hand it is bound to maintain complete....
March 31, 2021 Case Laws Income Tax

Jurisdiction of Assessing Officer u/s 120 - Transfer of case u/s 124 - Assessee had a legitimate expectation from the DCIT, Circle-3, Gurgaon, that the objection raised.....
March 31, 2021 Case Laws Income Tax

Revision u/s 263 - addition u/s 56(2)(viib) - Section 56(2)(viib) of the Act s only applicable to residents and not to Non Residents. - In the instant case also Ld. A.O.....
March 31, 2021 Case Laws Income Tax

Disallowance made on account of BMC expenses - As stated that the BMC raised the bill in the name of original landlord even though the original landlord sold the......
March 31, 2021 Case Laws Customs

Smuggling - Gold Bar - The cumulative effect of the observations is that the initial burden cast on the appellant in terms of Section 123 ibid has not been discharged......
March 31, 2021 Case Laws Customs

Condonation of delay in filing appeal - The consultant of the appellant has obtained a copy of the Order in Original on 16.12.2019. The appeal then has to be filed......
March 31, 2021 Case Laws Customs

Valuation of imported goods - Laptops - rejection of declared value - value rejected merely based on NIDB data - The appellant had expressed inability to file a detailed....
March 31, 2021 Case Laws Insolvency and Bankruptcy

Condonation of delay - Period of limitation under IBC - exclusion of period after the initiation of proceedings under the SARFAESI Act - The use of words ‘as far as may.....
March 31, 2021 Case Laws Service Tax

Scope of SCN - Refund of unutilized CENVAT credit of service tax - When the show-cause notice dt. 28/03/2014 was issued when the appellant filed the refund claim and the....
March 31, 2021 Case Laws Service Tax

CENVAT Credit - Cargo Handling Services - duty paying invoices - supplementary invoices - the allegations of adjudicating authority that the appellant have violated the.....
March 31, 2021 Case Laws VAT and Sales Tax

Suo motu revisional power - Levy of sales tax on turnover - As rightly contended by the learned counsel for the petitioner, the facts dealt with in the said decision......
March 30, 2021 Case Laws GST

Attachment of Bank Accounts - Search and inspection under Section 67 of the CGST Act - The order directing furnishing of the bank guarantee needs to be stayed till......
March 30, 2021 Case Laws Income Tax

Additions u/s 40A(3) - Payment made in Cash - Since the AO has not doubted the genuineness of the expenses as no such disallowance has been made and the AO has made only....
March 30, 2021 Case Laws Income Tax

Addition u/s 41(1) on bogus creditors - amount received from 10 parties are not sundry creditors as they have advances for booking of plot of lands of which few have......
March 30, 2021 Case Laws Income Tax

Exemption u/s 11 - effective date of cancellation of registration u/s 12AA(3)/(4) - an assessee unwilling to avail the “benefit” of registration “obtained” under section....
March 30, 2021 Case Laws Companies Law

Oppression and Mismanagement - The real reason why SP group and CPM are aggrieved by the conversion is, that most of their arguments are traceable to provisions which......
March 30, 2021 Case Laws Insolvency and Bankruptcy

Initiation of CIRP - corporate guarantor - Period of limitation - A fresh period of limitation is required to be computed from the date of acknowledgment of debt by the.....
March 30, 2021 Case Laws Insolvency and Bankruptcy

CIRP - Action against corporate person (being a corporate debtor) concerning guarantee offered by it in respect of a loan account of the principal borrower, who had......
March 30, 2021 Case Laws Income Tax

Reopening of assessment u/s 147 - validity of sanction-order passed u/s 151 - because of the failure on the part of respondent no.1 to correlate the information received....
March 30, 2021 Case Laws Income Tax

Exemption u/s 11- The department is expected to undertake some homework in this regard seriously. The Trust should not be denied the benefit of exemption under Section......
March 30, 2021 Case Laws Income Tax

Reopening of assessment u/ 147 - Revenue has to prima facie indicate as to which of the conditions of Section 10(10D) of the Act are not fulfilled. In other words, how......
March 30, 2021 Case Laws Income Tax

Reopening of assessment u/s 147 - The only mistake that the department committed was to dispatch the notice u/s 148 of the Act to the address at the address of......
March 30, 2021 Case Laws Income Tax

Assessment u/s 153A - The undisputed position in this case is that the IO and AO are not one and the same. The last of the authorisations in this case is on 04.09.2018......
March 30, 2021 Case Laws Income Tax

Reopening of assessment u/s 147 - the competent authority has given the satisfaction in hand writing and has expressed his satisfaction with regard to reasons recorded......
March 30, 2021 Case Laws Income Tax

Intra-court appeal against rejection of Contempt proceedings against the IRS officer / Deputy Commission of Income Tax - if the appellant's role is only that of an......
March 30, 2021 Case Laws Service Tax

CENVAT Credit - input service distribution - tour operator service - entitlement of credit to ISD when the credit has been availed by the unit company - the appellant is....
March 30, 2021 Case Laws Customs

Cancellation of Customs Broker License - forfeiture of security deposit - imposition of penalty - time limitation - as per the Revenue, it is apparent case of fraud......
March 30, 2021 Case Laws Income Tax

Transfer pricing addition on account of Corporate guarantee - performance guarantees in the instant case are a specie of the genus of corporate guarantee and cannot be......
March 30, 2021 Case Laws Income Tax

Addition u/s 68 r.w.s. 115BBE - The assessee had explained the source of deposits of cash and the AO did not discharge the burden by examining the family members. Since.....
March 30, 2021 Case Laws Service Tax

Reversal of Cenvat Credit - There are no merits in the confirmation of demand. Though in the Order in Original as well as in the first appellate authority’s order, the......
March 28, 2021 Case Laws GST

Rectification of Mistake - Applicant submits that the lower authority (AAR) had held that their activity would qualify as supply of goods attracting 12% whereas in the......
March 27, 2021 Case Laws GST

Validity of non reversal of differential tax amount arising out of change in tax regime from Value Added Tax (VAT) to Goods and Service Tax (GST) with effect from 1st......
March 27, 2021 Case Laws Income Tax

Contempt action against the IRS for not following the directions issued by the Court - With regard to the effective date of such circular, which is stated to be......
March 27, 2021 Case Laws Income Tax

TDS u/s 195 - payment towards license fees pursuant to the distribution agreement - in our considered view, the documents submitted before us clearly shows that the......
March 27, 2021 Case Laws Income Tax

Assessment u/s 153A - corroboration by way of independent evidence - the addition can be made on the basis of the seized diary only if proper nexus is established and......
March 27, 2021 Case Laws Income Tax

Undisclosed income - uring the course of search cash sum was found - If the Ld. A.O was not satisfied with the cash in hand shown by the assessee and individuals as on......
March 27, 2021 Case Laws Income Tax

Deduction claimed u/sec. 80P(2)(d) - In the instant case, the Assessee has earned interest income from Krishna District Co-operative Central Bank (KDCCB) and it is not......
March 27, 2021 Case Laws Income Tax

Weighted deduction u/s.35(2AB) - capital and revenue expenditure incurred on in-house R & D facility - It is not in dispute that the Assessee in the present case......
March 27, 2021 Case Laws Income Tax

Denial of the credit of TDS - assessee has offer the income to tax which was received as commission income - the TDS on the said income even if deposited in the PAN of......
March 27, 2021 Case Laws Income Tax

Maintainability of appeal - AO himself had filed remand report before CIT(A) - Revenue cannot be held to be an aggrieved party once the Assessing Officer himself finds......
March 27, 2021 Case Laws Income Tax

Delay in filing the present appeals by 43 days - there is no culpable negligence or malafide on the part of the assessee in delayed filing of the present appeal and it......
March 27, 2021 Case Laws Income Tax

Rejection of books of accounts - difference in the opening stock as well as the closing stock - the assessee has shown excess opening stock - The AO did not care to......
March 27, 2021 Case Laws Customs

Levy of penalty u/s 112(a) of Customs Act, 1962 - Favouritism shown to the IEC holder - The Tribunal has re-appreciated the evidence and agreed with the finding of the......
March 27, 2021 Case Laws Customs

Revocation of Customs Broker License - In para 14.4, the adjudicating authority has noted that the appellant verified the IEC and GST registration from the official......
March 27, 2021 Case Laws Customs

Smuggling - Gold - The onus lies on the Revenue to prove that the goods in question are of smuggled in nature, which the Revenue has failed to discharge their onus with.....
March 27, 2021 Case Laws Customs

Smuggling - Gold - Seizure of gold - period of limitation - The appellant has able passed their onus of ownership acquisition of the gold in question. As the appellant......
March 27, 2021 Case Laws Insolvency and Bankruptcy

CIRP - Fresh claim of Sales Tax Dues after submission of Resolution plan for approval - Time limitation - Appellant / Revenue department has argued that the initiation......
March 27, 2021 Case Laws Money Laundering

Validity of imposition of “debit-freeze” of the bank accounts - PMLA - The sine qua non for exercise of the powers under either section 5 or section 17 of the Act is the....
March 27, 2021 Case Laws Indian Laws

Sale of Electoral Bonds under the Electoral Bond Scheme, 2018 - Scheme allows the donors of political parties to maintain anonymity - Though the information furnished by....

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