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Highlights / Annotations / Catch Notes For May of 2019

Home Highlights May May 2019 Year 2019

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May 9, 2019 Case Laws Service Tax HC

Separate Show Cause Notice Required u/s 11B for Refund Claims, CESTAT Confirms Fairness Principles.
May 9, 2019 Case Laws Service Tax AT

Commissioner's Order Unsustainable: Exceeded Show Cause Notice Scope by Adding Advertisement Services Tax Demand Not Initially Included.
May 9, 2019 Case Laws Service Tax AT

Service Provider's Value-Based Exemption Irrevocable Under Notification No. 06/05-ST After Initial Service Tax Payment.
May 9, 2019 Case Laws Service Tax AT

Legal Proceedings Against Deceased Persons Invalid; Orders Issued in Such Cases Deemed Illegal and Incorrect.
May 9, 2019 Case Laws Central Excise AT

CENVAT Credit Approved for Equipment Fabrication Services: Interpretation of "Directly and Indirectly" in Manufacturing.
May 9, 2019 Case Laws VAT and Sales Tax HC

Flavored Milk Taxed Same as Regular Milk, Circular Clarifies No Extra Tax Demands Under VAT and Sales Tax Rules.
May 9, 2019 Case Laws VAT and Sales Tax HC

Court Rules: Tax Dues Cannot Be Recovered from Director's Wife's Property in Company Tax Cases.
May 9, 2019 Case Laws Indian Laws HC

Director Cannot Challenge Cheque Dishonor Notice at Initial Stage u/s 138, Petition Dismissed.
May 9, 2019 Case Laws Income Tax AT

Sales Tax Debts: Can Be Written Off as Bad Debts if Unpaid, Eligible for Deduction u/s 36(1)(vii.
May 9, 2019 Case Laws GST HC

Legal Challenge to National Anti-Profiteering Authority's Constitutionality; Penalty Order Stayed, Notice Issued in Ongoing Case.
May 8, 2019 Notifications DGFT

New Import Policy for Electronics & IT Goods Under ITC (HS) 2017: Key Regulations & Compliance Guidelines Announced by DGFT.
May 8, 2019 Case Laws GST HC

Court Grants Relief: GST Refund Rejection Overturned, Re-crediting Allowed Despite No Appeal Filed u/r 93.
May 8, 2019 Case Laws GST NAPA

Businesses Must Reduce Prices After GST Cut to Benefit Consumers, Says Section 171 of CGST Act 2017.
May 8, 2019 Case Laws Income Tax HC

NCLT Approves Filing Revised Tax Returns Beyond Limitation Period Under Companies Act Section 391; E-Filing Not Mandatory.
May 8, 2019 Case Laws Income Tax HC

Writ Filed Challenging Department's Rejection of Section 197 Certificate for No or Reduced Tax Deduction at Source.
May 8, 2019 Case Laws Income Tax HC

High Court Allows Review Petition, Recalls Original Order Due to Errors in Income Tax Case Judgment.
May 8, 2019 Case Laws Income Tax HC

Appeal Dismissed for Non-Prosecution: Appellant Failed Mandatory E-Filing and Missed Tribunal Hearing; No Legal Errors Found by ITAT.
May 8, 2019 Case Laws Income Tax HC

Reassessment of Late EPF Contributions u/s 148 Challenged; No New Facts Presented by AO, Initial Disclosure Sufficient.
May 8, 2019 Case Laws Income Tax AT

Reassessment u/s 147 Invalidated: Vague Information Fails to Justify Tax on Agricultural Land Sale.
May 8, 2019 Case Laws Income Tax AT

Tax Implications on Co-Owner's Long-Term Capital Gains from Property Ownership Transfer Under Capital Gains Category.
May 8, 2019 Case Laws Income Tax AT

Sale Proceeds Not 'Royalty' Under Article 12 of India-Ireland DTAA; Involves Copyrighted Article, Not Copyright Rights.
May 8, 2019 Case Laws Income Tax AT

Interest Expenditure on Construction Loan Allowed; No Extension of Existing Business u/s 36(1)(iii) Income Tax Act.
May 8, 2019 Case Laws Income Tax AT

Income Tax Act: Missing Draft Order in Transfer Pricing Cases Invalidates Final Assessment Order u/s 143(3.
May 8, 2019 Case Laws Income Tax AT

Section 40A(3) Not Violated: Daily Cash Payments Below Rs. 20,000 Per Party, Settled on Different Dates.
May 8, 2019 Case Laws Income Tax AT

Appeal Challenges Interest Charges u/s 234E; CIT(A) Lacks Authority to Invalidate TDS Returns Legally.
May 8, 2019 Case Laws Customs AT

Authorities Fail to Justify Retained Refund; Obligated to Explain Allocation of Appellant's Funds. Refund Approved.
May 8, 2019 Case Laws Customs AT

Revenue Can't Appeal u/s 129A of Customs Act Against Commissioner Orders on Customs Brokers Licensing.
May 8, 2019 Case Laws Companies Law SC

Compulsory Amalgamation: Balancing Public Welfare vs. Private Interests for Community Benefit in Mergers.
May 8, 2019 Case Laws Companies Law SC

Central Government's 2016 company amalgamation order ruled ultra vires Section 396, violates Article 14 of Indian Constitution.
May 8, 2019 Case Laws Companies Law AT

Appellants Fail to Prove Shares Were Gifted; NCLT and Reviewing Authority Dismiss Claims Under Companies Act Procedures.
May 8, 2019 Case Laws Insolvency and Bankruptcy Tri

Resolution Process Focuses on Asset Value Maximization for All Creditors, Promoting Entrepreneurship and Credit Availability.
May 8, 2019 Case Laws Insolvency and Bankruptcy Tri

Interest Claim Invalid Without Agreement, No Basis for 24% Demand in Insolvency Application.
May 8, 2019 Case Laws Service Tax AT

Refund Appeal Rejected: Service Tax Claim u/s 11B Dismissed Due to Payment Beyond Finance Act Scope.
May 8, 2019 Case Laws Central Excise HC

Auction Buyer Not Liable for Previous Owner's Excise Dues on Acquired Assets.
May 8, 2019 Case Laws Central Excise AT

Valuation Method for Medicaments to Institutional Buyers Questioned: Section 4 or 4A of Central Excise Act?
May 8, 2019 Case Laws Central Excise AT

Directors' HUF status irrelevant in valuation; focus on assessee-buyer relationship as per statute.
May 8, 2019 Case Laws VAT and Sales Tax HC

VAT Deemed Sale Requires Transfer of Possession and Control u/s 3-F; No Transfer, No Right to Use.
May 8, 2019 Case Laws VAT and Sales Tax HC

Courts Must Clearly Explain Rejection of Arguments to Uphold Natural Justice in VAT and Sales Tax Cases.
May 8, 2019 Case Laws VAT and Sales Tax HC

Bank's Auction of Repossessed Cars Ruled as 'Sale' Under VAT and Sales Tax Laws, Subject to Taxation.
May 8, 2019 Case Laws VAT and Sales Tax HC

Court Quashes Order Suspending Registration for VAT and CST Acts Due to Lack of Jurisdiction on Tax Payment Issues.
May 8, 2019 Case Laws VAT and Sales Tax HC

Court Rules Directors Not Personally Liable for Company's Sales Tax; Quashes Property Attachment Notice.
May 8, 2019 Case Laws Indian Laws SC

Court Upholds Higher Sentence Under NDPS Act Based on Substance Quantity, Despite Omitting Section 32B Factors.
May 7, 2019 Case Laws GST AAR

Tata Harrier Classified Under Sr. No. 52B for GST Compensation Cess Due to Ground Clearance Specifications.
May 7, 2019 Case Laws GST AAR

12% GST Rate Applies to Works Contract Services for Affordable Housing Projects, Not Limited to Developers.
May 7, 2019 Case Laws Customs AT

Eternal Authorization Not Supported: Adhering to Courier Imports and Exports Regulations, 1998 in Customs Sector.
May 7, 2019 Case Laws Customs AT

Customs Officers' Statements Insufficient to Justify Delay in Issuing Notice for Import Goods Case.
May 7, 2019 Case Laws Companies Law HC

Non-payment of dividends is an offence unless there's a dispute between parties involved. Penal action applicable otherwise.
May 7, 2019 Case Laws FEMA AT

Examining FEMA Section 10(6): Legality of Advance Remittance for Imports and Alleged Hawala Transactions via Banking Channels.
May 7, 2019 Case Laws Money Laundering AT

PMLA: Property or document retention capped at 180 days; prosecution complaint required within 90 days of retention order.
May 7, 2019 Case Laws Service Tax AT

Appellant's Service Tax Appeal Denied Over RCM Classification; Payments to Lear Corp. Labeled as Maintenance Charges.

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