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Highlights / Annotations / Catch Notes For June

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June 4, 2021 Case Laws Income Tax

Accrual of income - ownership of land vested with the state government - Assessee is acting as an agent of the Government of Maharashtra and thus, the income in question....
June 4, 2021 Case Laws Income Tax

Revision u/s 263 - brought forward loss as deducted in computing the book profit u/s.115JB - We have been confronted with a situation in which the AO incorrectly applied....
June 4, 2021 Case Laws Income Tax

Where the TDS amount has been deposited to the Government Exchequer thorough cheque, whether the date of tendering cheque to the Government’s Banker or the date of......
June 4, 2021 Case Laws Income Tax

Capital gain of sale of asset/factory - regular sale or slump sale - It is settled law that assessee cannot be allowed to take shifting stands while it is claiming that.....
June 4, 2021 Case Laws Income Tax

Penalty u/s 271(1)(c) - addition u/s 68 - Penalty has been levied in a mechanical manner without application of mind. In our view, this is a serious mistake in the......
June 4, 2021 Case Laws Income Tax

Revision u/s 263 - addition u/s 68 - the assessee was only one of the conduit - entire amount of sales cannot be taxed in the hands of the assessee as unexplained cash......
June 4, 2021 Case Laws Central Excise

Area Based exemption - refund of Excise duty - benefit of N/N. 20/2008-Central Excise - This petition stands disposed of by directing the Principal Commissioner of GST......
June 4, 2021 Case Laws VAT and Sales Tax

The subordinate authority is not empowered to supersede the orders passed by the appellate authority and an administrative discipline requires that the subordinate......
June 4, 2021 Case Laws VAT and Sales Tax

Recovery of dues of deceased dealer - charge against property - if the Department wants to recover the dues of the deceased dealer, then the same cannot be recovered......
June 3, 2021 Case Laws GST

Transition of unutilized CENVAT credit - rectification of mistake in filing TRAN-1 form - a genuine mistake should not result in the Petitioners’ losing out on their......
June 3, 2021 Case Laws GST

Scope of the Contract - Deduction at source towards GST - Impact of increase rate of GST as 12% from existing tax as 2% or 5% - The tax liability will have to be borne......
June 3, 2021 Case Laws Income Tax

Reopening of assessment u/s 147 - excess claim of Deduction u/s 10B - The case of the respondent (Revenue) is that the petitioner was in the habit of making an excess......
June 3, 2021 Case Laws Income Tax

Reopening of assessment u/s 147 - undisclosed LTCG - when the information was specific with regard to transactions of penny stock entered into by the assessee, and the......
June 3, 2021 Case Laws Income Tax

Grant of registration u/s 12AA - The ld. CIT, Exemption had denied the grant of registration by taking into consideration that the corpus donations collected in the......
June 3, 2021 Case Laws Income Tax

Additions on account of cash deposited in bank account - receipts of gifts - since the gifts in the instant case are received from parents, brother and spouse,......
June 3, 2021 Case Laws Income Tax

Deduction u/s 54F denied - non-payment from the capital gain account within the statutory period - the assessee has not utilised the amount lying in the capital gain......
June 3, 2021 Case Laws Income Tax

Reopening of assessment u/s 147 - source of funds for investment in property - No doubt the assessee was not a regular tax payer and thus, no return could be consulted......
June 3, 2021 Case Laws Income Tax

Depreciation u/s 32(1)(ii) in respect of its “right to collect toll” - the claim of the assessee towards depreciation under Sec.32(1)(ii) in respect of its intangible......
June 3, 2021 Case Laws Income Tax

Disallowance of business loss - AO held that the intention of the assessee was only to set off the rental income against such business loss therefore, disallowed the......
June 3, 2021 Case Laws Insolvency and Bankruptcy

Initiation of CIRP - The Applicant failed to establish the "debt" and "default". Since IBC is a rigorous act, it ought to be exercised with abundant caution. There ought....
June 3, 2021 Case Laws VAT and Sales Tax

Quantum of amount to be deposited for release of detained good - Requirement of furnishing of Bank Guarantee for a sum being twice the amount of tax payable - By......
June 2, 2021 Case Laws GST

Classification of supply - rate of tax - supply of aerobic micro organism/protein derived thereof used as a biological agent to reduce the requirement of cement in all......
June 2, 2021 Case Laws GST

Cancellation of registration of petitioner - seeking specific direction to the respondent to permit the petitioner to file GSTR-3B manually while enabling credit without....
June 2, 2021 Case Laws Income Tax

Reopening of assessment u/s 147 - Non disposing of objections raised against reopening - The lapse is in clear violation of the decision of the Apex Court. We are of the....
June 2, 2021 Case Laws Income Tax

Income from other sources u/s 56(2)(vii) - ancestral property transaction - property was already acquired on power of attorney from the original/legal owners - it is......
June 2, 2021 Case Laws Income Tax

Deduction u/s 36(1)(xii) - It is for the assessee to substantiate, whether particular expenditure has been incurred for the objects and purpose of the Central......
June 2, 2021 Case Laws Income Tax

Reopening of assessment u/s 147 - Addition u/s 68 - Merely saying that assessee has a small capital of ₹ 1 lakh and nobody would invest in such a company of the......
June 2, 2021 Case Laws Income Tax

TDS u/s 195 - withholding demands under section 201 - A tax withholding liability, particularly under section 195, is a vicarious liability and its survival entirely......
June 2, 2021 Case Laws Income Tax

Unexplained cash deposits - assessee is having joint account - AO simply brushed aside the explanation and taxed the deposits in the hands of the assessee. When the......
June 2, 2021 Case Laws Income Tax

Revision u/s 263 - unexplained cash credit u/s 68 - the documents were very much available on ‘record’ when the ld PCIT examined this assessment folder. When all these......
June 2, 2021 Case Laws Income Tax

Depreciation on intangible asset being 'Right to collect toll" (HOT Assets) - the claim of the assessee towards depreciation under Sec.32(1)(ii) in respect of its......
June 2, 2021 Case Laws Insolvency and Bankruptcy

Levy of Maintenance Security Deposit in respect of the property which was e-Auctioned by the Liquidator - Section 61(1) of the Insolvency and Bankruptcy Code, 2016 -......
June 2, 2021 Case Laws Central Excise

Reversal of CENVAT Credit - Since the appellant has followed Rule 6(2) and has not taken any CENVAT credit on the input services which were used exclusively for......
June 1, 2021 Case Laws GST

Directions to keep in abeyance the summons issued - There is no certainty that the pandemic will abate by 15.07.2021, we are of the view that, for the moment, the......
June 1, 2021 Case Laws GST

Refund of CGST, IGST and TNGST - renting of the shops from the third and fourth respondents - there is no useful purpose in directing the third and fourth respondents......
June 1, 2021 Case Laws GST

Transitional credit of CENVAT credit - On 4th January, 2018, when the Petitioner attempted to load TRAN-2 Form, no time had been specified under the Rules, which could......
June 1, 2021 Case Laws Customs

Levy of IGST or Customs Duty - Classification of goods - Bronze Cladding Panel for Statue of Unity Project - irrespective whether the classification claimed by the......
June 1, 2021 Case Laws Income Tax

Faceless assessment u/s 144B - Since the statute itself makes the provision for grant of personal hearing, the respondents/revenue cannot veer away from the same. -......
June 1, 2021 Case Laws Direct Taxes

Benami transaction - orders barred by limitation - The provision imposes a ban upon the passing of an order beyond the period stipulated, a prohibition. It is a burden......
June 1, 2021 Case Laws Income Tax

Income deemed to accrue or arise in India - Collection of membership fees - We are in agreement with the claim of the assessee that amount of profit that would be......
June 1, 2021 Case Laws Income Tax

Income deemed to accrue or arise in India - income attributable to India - As we have held that the ATC’s are not the DAPE of the assessee, therefore, the addition i.e......
June 1, 2021 Case Laws Income Tax

Faceless assessment u/s 144B - Validity of assessment order passed u/s 143(3) r.w.s. 143(3A) & 143(3B) - principal grievance of the petitioner that the impugned......
June 1, 2021 Case Laws Customs

Import duty on Amphotericin B (used for treatment of Mucormycosis (Black Fungus) - petitioner states that the import duty is 70% whereas respondents claims it to be 27%?....
June 1, 2021 Case Laws Insolvency and Bankruptcy

Initiation of CIRP - To attract the provision of IB Code under Section 9, there must be 'due' and 'default' which is found absent in the instant application -......
June 1, 2021 Case Laws Service Tax

Nature of activity - Manufacture or service - Process amounting to manufacture or not - activity of crushing, pulverizing, converting and packing of spices into powder......
June 1, 2021 Case Laws Service Tax

Reverse charge mechanism - Levy of service tax - Banking and Financial Services - service provider located outside India - time limitation - penalty - revenue neutrality....
June 1, 2021 Case Laws Central Excise

CENVAT Credit - input services - the Cenvat credit on the service used for removal of goods up to the place of removal is admissible. The CHA service is also used from......
June 1, 2021 Case Laws Indian Laws

Dishonor of cheque - Offences punishable under Sections 415 and 420 of IPC - sub-standard black pepper supplied - In the case on hand, though the cheque was bounced, no.....
June 30, 2020 Case Laws GST

Rectification of mistake - error in the impugned AAAR order - There are no reason to amend our original order dated 17.02.2019, wherein it was held that the supply of......
June 30, 2020 Case Laws GST

Classification of goods - fusible interlining cloth - the exclusion clause (4) of chapter note 2(a) of Chapter 59, which is essential for being excluded from Chapter 59,....

1 ....46 47 48 495051 52 53 54........ 127

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N: Amendment in Notification No. 18/2021-Customs (ADD), dated the 27th Ma...

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F: interest lability on ITC when payment to supplier is made after 180 days

F: GST on Solar Plant

F: ITC Issue in case of Acqusition of Company in Insolvency

F: Stock damaged in recent floods

F: TDS dedudted after 3 years after reporting invoices in GSTR 1

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