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Highlights / Annotations / Catch Notes For May of 2021

Home Highlights May May 2021 Year 2021

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Showing 301 to 350 of 404 Records

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May 10, 2021 Case Laws Money Laundering

Seeking grant of anticipatory bail - Taking into consideration the entire facts and scenario and without commenting anything on the merits of the case irrespective of......
May 10, 2021 Case Laws Central Excise

Recovery of excess cash refund - submission of the learned counsel for the petitioner is that the notice is devoid of any merit, inasmuch as, no such recovery can be......
May 10, 2021 Case Laws Central Excise

Refund of CENVAT Credit - amount was paid under protest or not - the contesting the reversal of cenvat credit by the appellant shall amounts to reversal under protest as....
May 8, 2021 Case Laws GST

Validity of assessment order - discrepancies in the invoices accompanied by e-way bills - The conclusion in the assessment order, in fact, mentions the statement......
May 8, 2021 Case Laws GST

Rejection of request for carry forward of Input Tax Credit (ITC) into the Goods and Service Tax regime - The petitioner is thus be permitted to transition the credit.......
May 8, 2021 Case Laws GST

Levy of Central GST and State GST - use of motor cycles, as contract carriages - The apprehensions levelled by the petitioner to the effect that other operators are......
May 8, 2021 Case Laws GST

Bail Application of co-accused - fake/inadmissible ITC on the strength of such fake invoices - issuance of goods less invoices - not habitual offenders - the Department.....
May 8, 2021 Case Laws GST

Bail application - issuance of bogus invoices without actually transferring the physical goods - It seems that the entire community would aggrieved if the economic......
May 8, 2021 Case Laws Income Tax

Unexplained income - on money receipts - Peak addition - Once the business profit is determined at 8% of undisclosed receipts, then what is required to be seen is......
May 8, 2021 Case Laws Income Tax

Adjustment made by the CPC (Centralized Processing Centre) u/sec. 143(1) - CPC did not allow set off of brought forward losses against the short term capital gain and......
May 8, 2021 Case Laws Income Tax

Determining the ALP under transfer pricing provisions - Determination of market value of of electricity - When a captive power plant in an industry supplies electricity.....
May 8, 2021 Case Laws Income Tax

Addition u/s 68 - non maintenance of books of accounts - There was no actual credit of cash or otherwise received by the assessee. No entries are made in the books of......
May 8, 2021 Case Laws Income Tax

Reopening of assessment u/s 147 - addition as concealed income u/s. 69 - The fact that the assessee has consistently alleged connivance of the bank authorities coupled......
May 8, 2021 Case Laws Income Tax

Penalty u/s 271(1)(c) - Addition on account of non-genuine gifts - Penalty proceedings are separate and independent. It is an admitted fact that assessee offered the......
May 8, 2021 Case Laws Income Tax

Disallowance of Depreciation on furniture provided at the residence of employee - the assessee has not filed any evidence to prove the fact that the concerned Individual....
May 8, 2021 Case Laws Income Tax

Penalty levied u/s 271(1)(c) - the assessee has given evidences, on which no findings was given by Ld. CIT(A), in our view, the assessee reasonably explained the facts......
May 8, 2021 Case Laws Income Tax

Unexplained reduction in closing work in progress - As there was a difference on account of change in following of accounting standard from AS 7 to AS 9 in the valuation....
May 8, 2021 Case Laws Customs

Refund of the redemption fine and penalty remitted - Department application for revision is pending but no stay / interim protection sought against the order of......
May 8, 2021 Case Laws Insolvency and Bankruptcy

Initiation of CIRP - Suffice to say that the Corporate Debtor admitted that in-spite of receipt of demand notice from the Operational Creditor it could not make payment.....
May 8, 2021 Case Laws Insolvency and Bankruptcy

Initiation of CIRP - Corporate Debtor failed to make repayment of its dues - Operational Creditors - existence of debt and dispute not - For the purpose of defeating the....
May 7, 2021 Case Laws Income Tax

Bogus LTCG - disallowance of exemption claimed by assessee u/s 10(38) on account of LTCG - there is no live link in the order of SEBI about the transactions of shares of....
May 7, 2021 Case Laws Income Tax

Addition towards ROC expenses - section 35D provides amortization of certain expenses, which are in the nature of capital/intangibles/preliminary expenses, which have......
May 7, 2021 Case Laws Income Tax

Reopening of assessment u/s 147 - AO gets jurisdiction to reopen the assessment only after he records the reasons for reopening and thereafter, issues notice u/s 148......
May 7, 2021 Case Laws Income Tax

Reopening of assessment u/s 147 - it is very clear in view of the detailed explanation filed by the appellant the AO had formed an opinion before passing the original......
May 7, 2021 Case Laws Income Tax

Addition towards office rent and office maintenance charges - apportionment of expenses to the sister concerns and group companies - When all the assessee's sister......
May 7, 2021 Case Laws Income Tax

Allowable deduction of remuneration paid to the partners u/s 40(b) - selection of the any head of income, more particularly of the head "Profit or gain of business or......
May 7, 2021 Case Laws Customs

EPCG Scheme - Amendment in Shipping Bills - mention of the EPCG licence number on the shipping bill, mandatory or not - an opportunity must be extended to the petitioner....
May 7, 2021 Case Laws Customs

Recovery during pendency of litigation - pre-deposit was made - In the light of the categoric statement of the Board to the effect that no coercive action shall be taken....
May 7, 2021 Case Laws Customs

Service of order - change of address which was notified too - notice sent to an old address - delay in filing appeal or not - there is no actual ‘service’ or......
May 7, 2021 Case Laws Insolvency and Bankruptcy

Exclusion from the period of CIRP - In the instant case, even though it is found that Regulation 30 C could have been applied for exclusion of 179 days on account of the....
May 7, 2021 Case Laws Insolvency and Bankruptcy

Initiation of CIRP - existence of debt and dispute or not - The terms and conditions in work order do not say that only if the cranes are put to use, the hiring charges.....
May 7, 2021 Case Laws Money Laundering

Offence under PMLA - Former Minister in the Government of Karnataka and his relatives and others - No legal right having been accrued in favour of the petitioners to......
May 6, 2021 Case Laws GST

Validity of attachment order - Seeking interim relief sought, that is for lifting of attachment of bank account pending appeal - The same cannot be considered as the......
May 6, 2021 Case Laws GST

Grant of Bail - issuance of fake invoices of other firms without accompanying the goods - No previous involvement of accused in any similar offence has been brought on......
May 6, 2021 Case Laws Income Tax

Validity of order of Settlement Commission u/s 245C - When the prerequisite condition contemplated in the provision stipulates that the person approaching the second......
May 6, 2021 Case Laws Income Tax

Capital Gains - cost of acquisition - As regards the details of the expenditure furnished of the assessee which are being sought as exempt by the assessee, find that......
May 6, 2021 Case Laws Income Tax

Penalty invoking the provisions of section 271D - Managing Director of the assessee company had extended cash to the company - loan or deposits u/s 269SS - By invoking......
May 6, 2021 Case Laws Income Tax

Addition on account of interest u/s 40(a)(ia) - ld. CIT (A) has rightly arrived at the decision that entire transaction of the assessee having been reflected in the......
May 6, 2021 Case Laws Income Tax

Penalty u/s.271(1)(b) - there was a reasonable cause with the assessee in not complying with the requirements of the AO in such a short period for the reasons discussed.....
May 6, 2021 Case Laws Companies Law

Oppression and Mismanagement - This ‘Tribunal’ keeping in mind of the ingredients of Section 241 and 242 of the Companies Act, 2013 comes to a resultant conclusion that.....
May 6, 2021 Case Laws Insolvency and Bankruptcy

Seeking release of attached property and to restore possession - property of Corporate Debtor who is not a financial establishment as defined under Section 2(e) WBPIDFE.....
May 6, 2021 Case Laws Insolvency and Bankruptcy

Initiation of CIRP - since the affidavit not having been notarized is only a procedural irregularity and it is a curable defect. This irregularity can be rectified by......
May 6, 2021 Case Laws Money Laundering

Money laundering - proceeds of crime - huge difference between the said cash deposit and the income of the petitioner - creation of benami Funds - the objective......
May 6, 2021 Case Laws Wealth-tax

Wealth tax assessment - ownership of the Gold in possession of the assessee - Limited power to deal with the Gold - Legal heirs - the Tribunal ought not to have included....
May 5, 2021 Case Laws GST

Grant of Bail - generation of eway bills of 16 firms by concealing the identity of the real purchaser and real seller tax evasion and revenue loss - - Taking into......
May 5, 2021 Case Laws GST

Cancellation of registration - to state that registration will not be revived since the petitioner has incorrectly availed of ITC would be putting the cart before the......
May 5, 2021 Case Laws GST

Detention of goods alongwith vehicle - The petitioner cannot be said to have any intention to evade tax if any mistake is, for the sake of argument without conceding it,....
May 5, 2021 Case Laws GST

Provisional attachment of Bank accounts of petitioner - despite of due service to the bank the bank has chosen not to remain present - being a drastic power, the......
May 5, 2021 Case Laws Income Tax

Reopening of assessment u/s 147 - Addition u/s 68 - Upon perusal of assessee’s written submissions as placed on record, another pertinent fact to be noted is that all......
May 5, 2021 Case Laws Income Tax

Additional depreciation u/s 32(1)(iiia) - whether the process of blending of butane and propane which is carried out in scientific manner, with use and aid of......

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H: Excess Input Tax Credit penalty appeal dismissed due to delay; court a...

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