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Highlights / Annotations / Catch Notes For August of 2018

Home Highlights August August 2018 Year 2018

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August 29, 2018 Case Laws Companies Law HC

Company Faces Winding Up u/s 433(e) for Unpaid Debts; Not a Substitute for Disputed Debt Recovery.
August 29, 2018 Case Laws Customs AT

Customs Duty Refund Granted After Reconsideration of FOB Price as Cum-Duty Price Despite Initial Denial.
August 29, 2018 Case Laws Customs AT

Gold Chain Worn on Person Must Be Declared at Customs, Authorities Rule Against Appellant's Claim.
August 29, 2018 Case Laws Customs AT

Used Digital Printers Import Restricted, Not Banned: Redeem for Home Use u/s 125 and FTP para 2.31.
August 29, 2018 Case Laws Customs AT

CHA License Revocation Overturned: Show-Cause Notice Issued Beyond 90-Day Limit Violates Regulations, Deemed Unsustainable.
August 29, 2018 Case Laws Central Excise AT

Debate Over Classification of Input Clearance as Trading Under CENVAT Credit Rules: Key Implications of Rule 3.
August 28, 2018 Notifications DGFT

Status Holders' Free Export Limit Changed to 2% of Average Annual Export Realization from Previous Rs One Crore Cap.
August 28, 2018 Circulars Customs

Digital Docs Streamline Customs: No More Physical Submissions at DPD/RMS Centres Thanks to e-Sanchit Implementation.
August 28, 2018 Case Laws Income Tax AT

Altering Stock Valuation Method Unjustified Without Reason; Previously Accepted Method Stands Valid According to Assessment.
August 28, 2018 Case Laws Income Tax AT

No penalty u/s 271D if loans are accepted as genuine in assessment u/s 143(3) by Assessing Officer.
August 28, 2018 Case Laws Income Tax AT

Assessing Officer Disallows Long-Term Capital Loss Claim, Finds Share Transactions a Colorable Device to Offset Gains.
August 28, 2018 Case Laws Income Tax HC

Petitioner's Declaration Under Income Tax Disclosure Scheme 2016 Accepted After Error Correction and Timely Installments Paid.
August 28, 2018 Case Laws Income Tax HC

ITAT's Majority Order Overturned Due to Lack of Reason for Recalling Decision u/s 254.
August 28, 2018 Case Laws Income Tax HC

Appellate Tribunal's Approval of Additional Stock Quantum Based on FCI Certificate Overturned; Case Involves Notional Sales, Unaccounted Purchases.
August 28, 2018 Case Laws Income Tax HC

Subsidy for Machinery Upgrades Under Technology Upgradation Fund Scheme is a Capital Receipt, Not Taxable Income.
August 28, 2018 Case Laws Companies Law Other

ICSI Member Found Guilty of Professional Misconduct for Negligence in Filing Form-32; Disciplinary Action Upheld.
August 28, 2018 Case Laws Customs AT

No Penalty u/s 112(a) of Customs Act Due to Lack of Evidence in Tyre Smuggling Case.
August 28, 2018 Case Laws Service Tax AT

Illiterate taxpayer pays due service tax, interest, and partial penalty, resulting in remaining penalty being waived.
August 28, 2018 Case Laws Service Tax AT

Free Supplies Excluded from Taxable Value in Construction Services; No Benefit to Service Provider Under Tax Rules.
August 28, 2018 Case Laws Service Tax AT

SEZ Unit's Service Tax Refund Claim Under Review Due to Ambiguity in Retainership Service Details and Tax Clarity.
August 28, 2018 Case Laws Service Tax AT

Entity Under Societies Act, 1860 Classified as Commercial Coaching Center for Service Tax Compliance.
August 28, 2018 Case Laws Service Tax AT

CENVAT Credit Demand on Tippers Time-Barred Due to Lack of Fraudulent Intent; No Suppression or Misstatement Found.
August 28, 2018 Case Laws Service Tax AT

Refund Denial for Unutilized Service Tax on Exported Services Deemed Unjustified u/r 6A Due to Missing Docs.
August 28, 2018 Case Laws Central Excise CGOVT

Rebate Claims u/r 18: Must File Within One Year, Comply with Section 11B Procedures.
August 28, 2018 Case Laws Central Excise AT

CRCA Sheets Not Exempt: Denied Classification as Mobile Handset Parts Under Central Excise Regulations.
August 28, 2018 Case Laws Central Excise AT

Rule 6 of CENVAT Credit Rules not applicable: Credit allowed for inputs used solely in dutiable goods manufacturing.
August 28, 2018 Case Laws VAT and Sales Tax SC

Penalty Imposed for Incomplete Form-38: Missing Bill/Invoice Number Leads to Dismissal of Special Leave Petition.
August 27, 2018 Case Laws Income Tax HC

Reopening Income Tax Case Unjustified After Acceptance Under Income Tax Declaration Scheme 2016.
August 27, 2018 Case Laws Income Tax HC

Tax Assessment Reopened Beyond Four Years for Housing Project Deduction u/s 80IB(10) Deemed Unjustified.
August 27, 2018 Case Laws Income Tax HC

ITAT Confirms Deletion of Penalty u/s 271(1)(c) for Unexplained Waived Amount in Bank Settlement.
August 27, 2018 Case Laws Income Tax HC

Entities Can Claim 20% Extra Depreciation for Vehicles Transporting RMC u/s 32(1)(iia) of Income Tax Act.
August 27, 2018 Case Laws Indian Laws SC

Conviction u/s 138 of Negotiable Instruments Act Set Aside After Parties Settle and Offense is Compounded.
August 27, 2018 Case Laws Customs HC

Court Orders Provisional Release of Imported Goods; Clarifies Classification as Biodiesel, Not Restricted High-Speed Diesel.
August 27, 2018 Case Laws Customs HC

Redemption fine and customs duty on seized Porsche Carrera can be demanded from current owner upon redemption.
August 27, 2018 Case Laws Customs AT

Natural Justice Violation in Nylon Fabric Valuation; Reassessment Ordered with Bills of Entry Provided.
August 27, 2018 Case Laws Service Tax AT

Service Tax Exemption for Sub-Contractor Activities in Road Construction Works Contract Services Confirmed.
August 27, 2018 Case Laws Service Tax AT

Online Database Access Services Exempt from Tax: Not for Business Use, Received by Educational Representative.
August 27, 2018 Case Laws Central Excise HC

Second Show Cause Notice Invalid for Same Allegations: Tribunal and Commissioner Erred in Judgment, Upholding Double Jeopardy Protection.
August 27, 2018 Case Laws Central Excise HC

Industries in North Eastern Region Retain Tax Exemption Rights Despite Late Document Filing Under Central Excise Laws.
August 27, 2018 Case Laws Central Excise HC

Supreme Court Decision Pending: Jurisdictional Authority on 2005 Show Cause Notice Awaits Ruling in Jindal Drugs Case.
August 27, 2018 Case Laws Central Excise AT

CENVAT Credit Valid for Inputs Lost During Manufacturing Process in Central Excise Case.
August 27, 2018 Case Laws Central Excise AT

Devices Classified as Digital Cameras Under Tax Regulations: Watch and Iwatch DVR Used for Image Recording.
August 25, 2018 Circulars Income Tax

'E-Proceeding' Facility Introduced for 2018-19 to Digitize Income Tax Assessments and Enhance Efficiency and Transparency.
August 25, 2018 Case Laws GST HC

High Court Denies Relief to Petitioner for Transporting Goods Without E-Way Bill, Following Repeated Offenses.
August 25, 2018 Case Laws Income Tax HC

ITAT Overrules AO's Expense Disallowance; Calls for Case-by-Case Assessment u/s 144 of Income Tax Act.
August 25, 2018 Case Laws Income Tax HC

Reassessment Quashed: Lack of Hearing Opportunity u/s 150(1) of Income Tax Act Requires New Notice.
August 25, 2018 Case Laws Income Tax HC

Taxpayer Faces Penalty u/s 271B for Fabricated Audit Report and Contradictory Claims on Account Records.
August 25, 2018 Case Laws Income Tax AT

Corporation under DVC Act 1948 exempt from Companies Act Section 211(2) and Section 115JB tax on book profits.
August 25, 2018 Case Laws Income Tax AT

Indian Shooter Wins Tax Exemption on Awards u/s 56 of Income Tax Act; Recognized as Non-Taxable Income.
August 25, 2018 Case Laws Income Tax AT

TDS Not Applicable on Lease Rent to UPSIDC; Assessee Not in Default u/s 194I; No Interest Charged.

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