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Highlights / Annotations / Catch Notes For August of 2020

Home Highlights August August 2020 Year 2020

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Showing 51 to 100 of 336 Records

123 4 5 6........ 7

August 27, 2020 Case Laws GST

Exemption from GST - education programme and training offered by the applicant - The applicant is not approved / recognised to conduct coaching/ training of students as.....
August 27, 2020 Case Laws Income Tax

Disallowance of interest on loan since interest free advances given to the parties - Once it is held that the amount was outstanding out of sales made, the business......
August 27, 2020 Case Laws Income Tax

TDS u/s 195 - Commission paid - when undisputedly TEI is not having any Permanent Establishment (PE) in India the income of TEI received as commission from assessee......
August 27, 2020 Case Laws Income Tax

CIT(A) rightly held that the artificial and hypothetical income created by mere general entries which were subsequently reverse cannot be brought to tax. Besides that......
August 27, 2020 Case Laws Income Tax

Nature of expenditure - A.O. as well as the Ld. CIT(A) were erred in coming to the conclusion that expenditure incurred on developing new software platform is expected......
August 27, 2020 Case Laws Income Tax

Disallowing social welfare expenditure - expenditure incurred under the head Social Welfare Expenditure for construction of houses to flood victims is in the nature of......
August 27, 2020 Case Laws Income Tax

Levy of Interest u/s 201(1A) for late deposit of Tax Deducted at Source - payment of TDS by the assessee would relate back to the date of presentation of cheques by the.....
August 27, 2020 Case Laws Income Tax

Unexplained cash credits - bank deposits - Both the AO as well as CIT(A) have not gone by the “source” explained to examine identity, genuineness and creditworthiness......
August 27, 2020 Case Laws Income Tax

Penalty u/s 271(1)(c) - disallowance u/s 40(a)(ia) - The only reason for which the expenditure was disallowed is due to non–deduction of tax at source. In other words,......
August 27, 2020 Case Laws Income Tax

Bogus purchases - the assessee could not produce the transportation evidences or expenditure incurred on account of transportation in regard to these purchases. - the......
August 27, 2020 Case Laws Customs

Principles of Natural Justice - Classification of imported goods - Naptha - cross examination of the Chemical Examiner - lacunas in the testing procedure - It is seen......
August 27, 2020 Case Laws Companies Law

Winding up order - The Company was non-functional, it had already given its premises on rent and it was the only income of the Company. Therefore, we find that the......
August 27, 2020 Case Laws Companies Law

Appeal against restoration of the name of the company in the Register of Companies - It is contended that the Appellants being the suspended Directors are helpless and......
August 27, 2020 Case Laws Companies Law

Revival of appellant company - removal of name for non filing of statutory documents for 3 years - The Appellant is in operation as they are entering into MOU’s. The......
August 27, 2020 Case Laws Companies Law

Appealable order or not - the order having passed by the Judicial Authority (NCLT) under Section 45 of the ‘Arbitration and Conciliation Act, 1996’ and in absence of any....
August 27, 2020 Case Laws Indian Laws

Cancellation of Certificate of Registration of Non-Banking Financial Institution (NBFC) - The CoR of the petitioner was cancelled by RBI under the provisions of Section.....
August 26, 2020 Case Laws GST

Classification of goods - rate of GST - Silicone Insole - Heel Cushion - the products of the applicant namely; Silicone Insoles and Silicon Heel Cushion; being only......
August 26, 2020 Case Laws GST

Classification of supply - composite supply or mixed supply - works contract or not - Construction and Commissioning of Jetty and the Development of Sites as per the M.O....
August 26, 2020 Case Laws GST

Classification of goods - rate of tax - agricultural implements namely latex collection cup, made of plastic, used exclusively for collection of rubber latex, an......
August 26, 2020 Case Laws GST

Classification of goods - rate of tax - agricultural implements used for, rubber tapping such as spouts, cup holder and collection cups - goods are covered under the......
August 26, 2020 Case Laws GST

Detention of consignment - Lubricant - stock transfer - consignee was shown as an unregistered person in the e-way bill - the mere mention of the consignee as an......
August 26, 2020 Case Laws GST

Principles of Natural Justice - mode of service / communication of orders - As per Section 169(c) and (d) of the GST Act the service of any communication to the e-mail......
August 26, 2020 Case Laws GST

Detention of consignment - non-mention of the IGST payable in the e-way bill that accompanied the transportation of the goods - It is not in dispute that the details of.....
August 26, 2020 Case Laws Income Tax

Default u/s 201(1) and 201(1A) - in the instant case, the proceedings under Section 201(1) and 201(1A) of the Act have been initiated after a period of four years.......
August 26, 2020 Case Laws Income Tax

Deduction / exemption u/s 10A - interest on bank deposits is also eligible to be included in the profits of 100% Export Oriented Units for the purpose of claiming......
August 26, 2020 Case Laws Customs

Classification of imported goods - Calcite Sand (Calcite Powder) - There is no option but to go by the technical data sheet/description provided by overseas supplier for....
August 26, 2020 Case Laws Companies Law

Oppression and Mismanagement - bogus transactions - siphoning of funds - The allegation is an isolated incident and in order to invoke provisions of Oppression and......
August 26, 2020 Case Laws Companies Law

Whether Tribunal (NCLT) can impose the compounding fees u/s 441(1) of the Act, less than minimum prescribed for the offence u/s 165 (1) read with Section 165(6)? - the......
August 26, 2020 Case Laws Insolvency and Bankruptcy

CIRP process - NPA - relevant date of default - The Admission need not be in regard to any precise amount nor by expressed words. If a defendant writes to the plaintiff.....
August 26, 2020 Case Laws VAT and Sales Tax

Grant of subsidy - doctrine of promissory estoppel - merely the heading of a provision/clause cannot be relied upon since the same is not always determinative in the......
August 25, 2020 Case Laws GST

Direction to the respondents to issue copies of the seized documents - the respondents shall permit the petitioners to take copies of those documents relied upon in the.....
August 25, 2020 Case Laws GST

Profiteering - supplies of “luggage trolley bag/suitcases”, namely “Tropic 45 Weekender Black” and “Neolite Strolly 53 360 (VIP) FIR - the violation of the provisions of....
August 25, 2020 Case Laws GST

Profiteering - restaurant service - the Respondent had increased the base prices of different items by more than 11.16% i.e. by more than what was required to offset the....
August 25, 2020 Case Laws Income Tax

Additional depreciation on certain assets/machineries - If the assessee uses partly for own use and for hire charges he is not entitled to claim excess depreciation as......
August 25, 2020 Case Laws Income Tax

Addition u/s 56(2)(vii)(b) - purchase of immovable property - difference amount between the consideration paid by the assessee and the Sub Registrar Office (SRO in......
August 25, 2020 Case Laws Income Tax

Reopening of assessment u/s 147 - deduction u/s 57 disallowed - AO has applied his mind and formed an opinion for allowance of this interest expenses while framing......
August 25, 2020 Case Laws Income Tax

Depreciation on goodwill arising out of amalgamation - The excess of liabilities over net assets was treated as goodwill - goodwill arising on account of amalgamation......
August 25, 2020 Case Laws Income Tax

Disallowances of expenditure - Assessee itself has disallowed major part of cash expenses as unaccounted. There would be no justification for making further addition,......
August 25, 2020 Case Laws Income Tax

Addition u/s 68 v/s 69 - unexplained deposit in the bank account - sum was not credited in the books of accounts, but the amount was found credited in the bank account......
August 25, 2020 Case Laws Income Tax

Addition of Building maintenance expenses - assessee is carrying on sub-letting activity on the buildings taken on rent. Hence the expenses incurred on building should......
August 25, 2020 Case Laws Income Tax

Reopening of assessment u/s 147 - invalid notice - Copy of the notice u/s 148 is unsigned as well as did not mention any assessment year - Since the notice itself was......
August 25, 2020 Case Laws Companies Law

Oppression and Mismanagement - Direction for Forensic Audit before deciding the issue of maintainability - Status Quo Ante - Thus the NCLT under Rule 11 of National......
August 25, 2020 Case Laws Companies Law

Oppression and Mismanagement - the impugned order is a nonspeaking order. The question of Oppression, and Mismanagement, Maintainability and Limitation in the present......
August 25, 2020 Case Laws Insolvency and Bankruptcy

Initiation of CIRP - the outstanding amount is towards interest on the delayed payments, for which there was a pre-existing dispute, before issuance of demand notice.......
August 25, 2020 Case Laws Insolvency and Bankruptcy

Initiation of CIRP - Apart from the fact that there are ‘force majeure’ due to which the ‘Corporate Debtor’ could not complete the project, it is found that the 1st......
August 25, 2020 Case Laws Insolvency and Bankruptcy

The stand as taken by the parties, suggest that the application under Section 10 of the I&B Code was filed by the ‘Corporate Applicant’ fraudulently with malicious......
August 24, 2020 Case Laws GST

Claim of Refund with interest - Ocean freight - This court has declared the levy as ultra vires the IGST Act - The respondents are directed to sanction the refund and......
August 24, 2020 Case Laws GST

Illegal detention of applicant for three consecutive days - investigation not conducted in accordance of law - No grounds are made out to allow the presence of the......
August 24, 2020 Case Laws GST

Classification of goods - Pattadar Pass Book cum Title Deed is a “Document of Title” - printing books - the Pattadar Pass Book cum Title Deed is not a document of title.....
August 24, 2020 Case Laws Income Tax

Capital gain computation - transaction under consideration is between the members of AOP - Deeming fiction - the provisions of section 50C of the Act are not applicable.....

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F: Stock damaged in recent floods

F: GST on Solar Plant

A: PENALTY ON DIRECTORS CONTRAVENING EXPORT REGULATIONS UNDER FOREIGN EXC...

A: Difference between “License” and “Royalty”

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N: Inland Container Depots for loading and unloading of goods - Seeks to ...

C: Guidelines to Stock Exchanges, Clearing Corporations and Depositories

T: Supreme Court Upholds Validity of Re-Assessment Notices Issued During ...

F: Transfer of ITC without filing ITC-02

F: assessment order

F: INTERMEDIARY SERVICES OR EXPORT SERVICES

H: Revision: Hospital receipts verified, partial refunds & fees paid subs...

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

H: Goods matched documents like e-way bill and invoices; detention order ...

H: Goods Inspection Matches E-Way Bill, Lack of Tax Evasion Intent Quashe...

H: Income tax reassessment validity: AO initiated proceedings u/s 147 ins...

H: Reassessment Rules Interpretation: Taxpayer Wins Over Accommodation En...

H: Sale-purchase loss disallowed unreasonably by tax officer, commercial ...

H: Building sale value can't determine depreciation; actual consideration...

H: Loan to equity conversion attracts income tax on excess share premium ...

H: Property purchase: Joint owners pay via banking channels before regist...

H: Tax exemption limit for leave encashment: Local authorities' employees...

H: Tax assessments beyond 6-year limit quashed, satisfaction note lacked ...

H: Cash found in lockers linked to temple trust and educational foundatio...

H: Microphone Tech Classification: Functionality Over Technology.

H: Exemption from Social Welfare Surcharge on duty-free imports via scrips.

H: Claim for performance pay not an operational debt under IBC; Multiple ...

A: Director Identification Number

A: No GST is applicable for the services provided by the Director under p...

A: Income Tax Act Revamp (Comprehensive Review): Status and Suggestion on...

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