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Highlights / Annotations / Catch Notes For July of 2019

Home Highlights July July 2019 Year 2019

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Showing 1 to 50 of 707 Records

12 3 4 5........ 15

July 31, 2019 Case Laws GST

Levy of GST - classification of supply - Appellant has entered into the Agreement with manufacturer (PIL) to brew/manufacture, package and supply Products - fixed fees......
July 31, 2019 Case Laws GST

Classification of goods - rate of tax - Fan Coil Unit consists of 3 basic components namely fan motor, heat exchanger coils and PCB - FCUs are used in the air......
July 31, 2019 Case Laws GST

Alternative remedy - requirement of way bill for goods transported which was a new vehicle (Autorickshaw) transported from the principal place of business to its branch.....
July 31, 2019 Case Laws Income Tax

Lower withholding certificate u/s 197 - requirement of reasoned order - the decision of the AO u/s 197(1) is quasi-judicial in nature, has to be taken on objective......
July 31, 2019 Case Laws Income Tax

Disclosure of reasons to belief for conducting search u/s 132 - impact of insertion of Explanation to Section 132(1) by the FA, 2017 with retrospective effect - the High....
July 31, 2019 Case Laws Income Tax

Acquisition of property by central government - order u/s 269UD - upon the passing an order u/s 269UD(1) by Appropriate Authority, the land would vest in the Government.....
July 31, 2019 Case Laws Income Tax

Addition u/s 68 - Additions based on pen drive etc found from the third party - revenue authorities have failed to establish any connection either business or personal......
July 31, 2019 Case Laws Income Tax

Disallowance of provision for maintenance and free service/warranty in computation of book profit u/s 115JB - such liabilities cannot be regarded as contingent......
July 31, 2019 Case Laws Income Tax

Allowability of write off of obsolete and non-usable inventory which is 10% of the total inventory - there can be no denial that assessee is entitled to claim loss......
July 31, 2019 Case Laws Income Tax

Disallowance u/s 14A - exempt income is out of investments in mutual funds - in the case of a mutual funds, administrative and managerial expenses are factored in the......
July 31, 2019 Case Laws Income Tax

Characterization of income - interest earned on ICDs - assessee is not in money lending business - when it is accepted that the assessee has taken a prudent business......
July 31, 2019 Case Laws Income Tax

Revision u/s 263 - specified domestic transactions - effect of omission of 92BA(1) w.e.f. 1.4.2017 - the order has been revised purely on the basis that the AO has not......
July 31, 2019 Case Laws Income Tax

Addition of unexplained expenditure u/s 69C - AO not verified the actual contents of seized material and addition made based on Report of the Special Auditor - AO is......
July 31, 2019 Case Laws Companies Law

Constitution of CSR committee for the Board - as per the appellant’s own calculation the net profit is apparently more than ₹ 5 crores i.e. threshold limited......
July 31, 2019 Case Laws Insolvency and Bankruptcy

CIR process - Non filing of FIR and action against offenders steeling goods, machineries and equipments, etc. of the CD - this Bench is conferred with power to direct......
July 31, 2019 Case Laws Insolvency and Bankruptcy

Initiation of CIRP - Non-consideration of resolution plan submitted after limitation but before the expiry of 270 days - the Resolution Professional and the COC should......
July 31, 2019 Case Laws Service Tax

Extended period of Limitation - when the activities of the appellant were well within the knowledge of the Revenue, then, there no question of suppression of any fact -.....
July 31, 2019 Case Laws Service Tax

Non-payment of Service tax - gross fee collected for Commercial Coaching and Training Services - the assessee is not entitled to deductions on account of sale of books,.....
July 31, 2019 Case Laws Service Tax

Claim of small scale exemption upto ₹ 10 Lakhs - renting of Immovable Property service - risks and rewards are not shared as each of the co-owner brought money......
July 31, 2019 Case Laws Central Excise

Refund of CENVAT Credit - unjust enrichment - It is not understood when no duty was paid and only credits availed were refunded, how come a case of unjust enrichment......
July 31, 2019 Case Laws Central Excise

CENVAT Credit - clean energy cess on Coal - A plain reading of Rule 3 of CCR, 2004 shows that it does not include CEC imposed in FA, 2010 in list for Cenvat credit - If.....
July 31, 2019 Case Laws Income Tax

Penalty u/s 271(1)(c) - return filed disclosing higher income u/s 153A - no incriminating material found - when the Revenue could not lay hands on any tangible material.....
July 30, 2019 Case Laws Income Tax

Principle of consistency - There is a significant value which must attach to observing the requirement of consistency and certainty. Individual affairs are conducted and....
July 30, 2019 Case Laws Income Tax

Assessment against amalgamating company - notice u/s 143(2) was issued to non-existent company - Participation in the proceedings by the appellant in the circumstances......
July 30, 2019 Case Laws Income Tax

Assessment u/s 153C - it is necessary that before the provisions of section 153C can be invoked, the AO of the searched person must be satisfied that the seized material....
July 30, 2019 Case Laws Income Tax

Penalty u/s 271AAB or 271AAA - non issue of notice u/s 274 read with Section 271AAB - corrigendum issued stating that Section 271AAA should be read as Section 271AAB -......
July 30, 2019 Case Laws Income Tax

LTCG - fair market value as on 1.4.1981 - The reasonable approach would have been to adopt the valuation in the Wealth Tax Assessment, since the Tribunal holds that the.....
July 30, 2019 Case Laws Income Tax

Ex- parte order - ITAT dismissed the appeal for non appearance - the expression “dispose of the appeal on merits” occurring Rule 24 would acquire significance. In other.....
July 30, 2019 Case Laws Income Tax

Characterization of expenditure - expenditure incurred by way of renovation and Interior work of Stadium - assessee did not create a new asset or create a source of......
July 30, 2019 Case Laws Income Tax

Depreciation on goodwill - goodwill generated in the process of amalgamation - assessee failed to claim depreciaion in the original ITR or revised ITR but claimed first.....
July 30, 2019 Case Laws Income Tax

Disallowance of interest u/s 36(1)(iii) - interest bearing loans versus advances - as long as commercial expediency is established, there remains no reason for making......
July 30, 2019 Case Laws Income Tax

Disallowance u/s 36(1)(iii) and additions u/s 68 - a perusal of the balance sheet of the loan creditor shows that it has got sufficient share capital and free reserves......
July 30, 2019 Case Laws Income Tax

Additions u/s 68 - assessee has discharged the onus cast on it by proving all the three ingredients of section 68, namely, the identity and credit worthiness of the......
July 30, 2019 Case Laws Customs

Extension of period for Detention of goods - post amendment, two conditions are to be satisfied: one, the Commissioner has to record his reasons in writing, why the......
July 30, 2019 Case Laws Customs

Jurisdiction - power of Additional Director General to issue SCN - Proper officer - The order has been passed after following the principles of natural justice and fair.....
July 30, 2019 Case Laws Insolvency and Bankruptcy

Exclusion of certain period from CIRP - revival of mining lease - Mere delay in passing revival order by issuing GO for revival of the Leases. It cannot be said that......
July 30, 2019 Case Laws Service Tax

Validity of subsequent SCN - Extended period of Limitation - in a case where a show cause notice has been issued for the earlier period on certain set of facts, then on.....
July 30, 2019 Case Laws Service Tax

Validity of SCN issued to a dead person - There is no specific provision or machinery provision for recovery of tax dues, after death of the proprietor. - Section 87 (c)....
July 30, 2019 Case Laws Income Tax

Set off of business loss against the income brought to tax u/s 69B r.w.s 115 BBE - The instant appeal relates to Assessment Year 2012-13 and therefore the assessee’s......
July 30, 2019 Case Laws Income Tax

Deduction u/s 80P(2) - whether Souharda Sahakari registered under the Karnataka Souharda Sahakari Act, 1997 are also co-operative societies within the meaning of Sec.2(19) ? - HELD Yes
July 30, 2019 Case Laws Income Tax

Deduction u/s 54 against the LTCG - assessee failed to construct the new residential house within a period of three years from the date of sale due to delay in the......
July 30, 2019 Case Laws Central Excise

Validity of adjudication of case after 13 years of Issue of Show Cause Notice (SCN) - The explanation offered by the respondents/ Revenue for delay is not convincing. -.....
July 30, 2019 Case Laws Central Excise

CENVAT Credit - suo moto re-credit - firstly the appellant has paid the duty through CENVAT credit account during the disputed period and later on at the direction of......
July 30, 2019 Case Laws VAT and Sales Tax

Adjustment of Input Tax Credit - outstanding declaration forms under CST Act as on 30.6.2017 (e.g. C forms) - Rule 117 of the Gujarat Goods and Services Tax Rules read......
July 29, 2019 Notifications Income Tax

Exemption to specified persons from requirement of furnishing a return of income u/s 139(1) for assessment year 2019-20 - income chargeable from any investment in an......
July 29, 2019 Case Laws Income Tax

Depreciation on LED wall - @15% or @ 60% - Since no separate rate of deprecation has been prescribed for LED wall, projectors / accessories etc, therefore, these will......
July 29, 2019 Case Laws GST

Scope of Advance Ruling application - their query is with respect to “‘assessment of their supplies based on taxability”. Such query does not fall under any of the......
July 29, 2019 Case Laws GST

Grant of Bail - offence punishable u/s 132 of GST - admittedly, charge sheet has not been filed, therefore, right of `default bail' accrued to the applicant after completion of 60 days.
July 29, 2019 Case Laws Income Tax

Constitutional validity of 35AC(7) - approval to the appellant's hospital project for a period of three financial years but due to amendment benefit not available for......
July 29, 2019 Case Laws Income Tax

Deemed dividend u/s 2(22)(e) - beneficiary of the advance was itself not a shareholder of the company - Tribunal follow decision of a High Court which approved by......

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

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H: Taxability of Additional Surcharge by Electricity Distribution Company...

H: Transport agency's bundled services disqualify it from GST exemption f...

H: Compensation for surrendering intellectual property rights treated as ...

H: Cooperative society eligible for tax deduction on interest from cooper...

H: Taxman overreached by turning limited scrutiny into wide-ranging probe...

H: TDS credit limited to income in return, excess related to past years' ...

H: Genuine anonymous donations not taxable. Grants not income if utilized...

H: Property investment source verification not valid grounds for reopenin...

H: Income Tax Assessment Notice Issued by Non-Jurisdictional Officer Quas...

H: Foreign tech firm wins case: No permanent establishment or royalty tax...

H: Simplified taxation for non-resident shipping biz: 7.5% presumptive in...

H: Freight charges paid to foreign shipping co. not taxable royalty or ch...

H: Software License & ICT Service Fees Taxability Re-examined - Royalty o...

F: INTERMEDIARY SERVICES OR EXPORT SERVICES

F: assessment order

F: Transfer of ITC without filing ITC-02

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F: PRE-DEPSOIT ISSUES

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