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Highlights / Annotations / Catch Notes For August of 2023

Home Highlights August August 2023 Year 2023

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Showing 101 to 150 of 535 Records

1 234 5 6 7........ 11

August 26, 2023 Case Laws VAT and Sales Tax

Jurisdiction of AP VAT Appellate Tribunal - Poer to entertain the stay application pending appeal - it can be said that the incidental or ancillary power to pass......
August 26, 2023 Case Laws VAT and Sales Tax

Interest on delayed refund sanction - Merely because the Department had revised the order of the Appellate Assistant Commissioner would not mean the petitioner is not......
August 25, 2023 Case Laws Income Tax

Validity of Faceless Assessment - Penalty u/s 271(1)(c) - ignorance of an assessee as to his rights - The petitioner is a West Bengal Government aided college duly......
August 25, 2023 Case Laws Income Tax

Validity of Reopening of assessment - deduction claimed u/s 54 - In the ITR, the assessee clearly discloses the said sale consideration coupled with the deductions......
August 25, 2023 Case Laws Income Tax

Condonation of delay - delay of 498 days in filing the appeal by Revenue - Time has come to take drastic measures qua lethargy caused litigation delays, lest the chaos......
August 25, 2023 Case Laws Income Tax

Short Term Capital Gain - conversion of the Partnership Firms into Companies - Additions in the hands of partners - CIT (Appeals) correctly deleted the additions on......
August 25, 2023 Case Laws Income Tax

Revision u/s 263 - disallowance u/s 14A r.w.r. 8D - the assessee has not incurred any indirect expenses to earn the exempt income and ld. PCIT has not brought any......
August 25, 2023 Case Laws Income Tax

Penalty levied u/s. 272A(2)(e) - trust - failure to furnish return of income which it was obligated to file u/s 139(4A) - ITR could have been filed by the assessee trust....
August 25, 2023 Case Laws Income Tax

Assessment of income after denial of exemption u/s 11 - assessing the gross receipts of the assessee society as its income - AO directed to consider the assessee’s claim....
August 25, 2023 Case Laws Income Tax

Exemption u/s 11 - letting of “Dharmashala” for commercial activities by the assessee - Profit motive - Nothing is discernible, much less evidenced based on supporting......
August 25, 2023 Case Laws Income Tax

Reopening of assessment u/s 147 - non issue of notice issued u/s 143(2) - In absence of any notice issued u/s 143(2) after receipt of fresh return submitted by the......
August 25, 2023 Case Laws Income Tax

TP adjustment - international transaction - expenses - incurred wholly and exclusively for the purpose of business or not - In the present case, the AO, by applying......
August 25, 2023 Case Laws Customs

Denial of benefit of exemption - 100% EOU - it is an admitted fact that the item imported is used inside the container only for safe transportation and not for the......
August 25, 2023 Case Laws Customs

Exemption form Customs Duty - import of consignment of "Coking Coal" from Indonesia - random or systematic sampling - the department has not been able to justify the......
August 24, 2023 Case Laws GST

Jurisdiction to conduct audit - When a Section provides for periodical audit, the respondent having failed to conduct audit for all these years, suddenly cannot wake up.....
August 24, 2023 Case Laws GST

Violation of principles of natural justice - opportunity of hearing not given to petitioner before issuance of SCN - Relief granted subject to conditions - Revenue......
August 24, 2023 Case Laws Income Tax

Refund claim - Period of limitation - For the FY 2009- 10 being filed now - The entire problem could be resolved if the department avails of the provision under Section.....
August 24, 2023 Case Laws Income Tax

Deduction u/s 35(2AB) - Under Rule 6(7A), the Department of Scientific and Industrial Research is required to submit its report to the Income Tax Authorities in Form 3CL....
August 24, 2023 Case Laws Income Tax

Reopening of assessment u/s 147 - Change of opinion - The reopening of the assessment is nothing but a mere change of opinion on the part of AO. If the AO could not......
August 24, 2023 Case Laws Income Tax

Suppression of sales of iron ore - Tribunal found that in absence of any charge of evasion of royalty/tax, it cannot be presumed that there is any suppression of......
August 24, 2023 Case Laws Income Tax

Nature of income surrendered during survey - Taxable ‘Head of income’ - excess income declared during the course of survey proceedings cannot be treated as unexplained......
August 24, 2023 Case Laws Income Tax

Additions towards building expenses and other unaccounted income - Addition made by the AO on account of addition in the value of building cannot be held to be justified....
August 24, 2023 Case Laws Income Tax

Income surrendered in survey action - undisclosed professional income - In fact, no such income has been found during the survey action. However, the assessee to keep......
August 24, 2023 Case Laws Income Tax

TP Adjustment - upward adjustment - import of goods - Royalty - The Special Valuation Branch of the Customs Authorities has given a categorical finding that royalty is......
August 24, 2023 Case Laws Income Tax

Disallowance of inflated coal expenses - the case of the Revenue is that assessee might have inflated cost of the coal, however, once the cost of the coal is part of......
August 24, 2023 Case Laws Customs

Provisional release of the goods under Section 110A of the Act of 1962 - goods declined to be released on the ground that the said goods did not contain starch or other.....
August 24, 2023 Case Laws Customs

Revocation of Customs Broker License - The Customs Broker is neither omniscient nor omnipotent. The Customs broker is not concerned with to ensure that the documents......
August 24, 2023 Case Laws Customs

Undervaluation of imported goods - cement imported from Bangladesh - demanding differential duty without challenging the original assessment of the Bills of entry is not....
August 24, 2023 Case Laws Customs

Valuation of imported goods - Opal glassware - evidence of contemporaneous import dismissed on the ground that the document purportedly showing the value of......
August 24, 2023 Case Laws Insolvency and Bankruptcy

Seeking closing of CIRP process - Applicant enters into settlement with the Corporate Debtor - At time when the CoC was not constituted, there can be no impediment in......
August 24, 2023 Case Laws Money Laundering

Money Laundering - quorum non judis - By a reading of Section 6 of the PMLA Act without adding or substituting words into the statute, it is clear that the adjudicating.....
August 24, 2023 Case Laws Service Tax

Inordinate delay of almost 10 years in adjudication of the case - The delay in completion of the adjudication proceedings for a period of almost 10 years cannot be......
August 24, 2023 Case Laws Service Tax

Classification of services - Restaurant-cum- Bar Service - air conditioning facility is provided therein - The licence is currently valid which means that the appellant.....
August 24, 2023 Case Laws Central Excise

Valuation - amount collected by the appellant from customers as mould charges (recovered separately) - additional consideration or not - The mould charges recovered from....
August 24, 2023 Case Laws Central Excise

Excisability - marketability - Process amounting to manufacture or not - top gas that emerged from the Reduction Shaft had been subjected to a refining process for......
August 24, 2023 Case Laws VAT and Sales Tax

Classification of goods - Khair - The issue as to whether Khair wood falls within the definition of timber or converted timber, has already been decided by Hon’ble......
August 23, 2023 Case Laws GST

Denial of Input Tax Credit (ITC) - supplier failed to pay the amount of GST to the government - It is clear that the literal nomenclature and the statutory language,......
August 23, 2023 Case Laws GST

Blocking of Input Tax Credit (ITC) - The trader/supplier namely was non-existing entity and had not conducted any business activity at the address for which,......
August 23, 2023 Case Laws GST

Detention of goods alongwith vehicle - e-way bill generated for return of goods without issuing credit note - The detention of the goods was per se illegal and......
August 23, 2023 Case Laws GST

Principles of natural justice - non-issuance of mandatory notice u/s 74(1) - Assessment orders set aside, which are deemed to have been withdrawn, subject to the......
August 23, 2023 Case Laws GST

Jurisdiction - legality of parallel proceedings initiated by the Central Tax Officer and the State Tax Officer - The proceeding initiated by the petitioner is with......
August 23, 2023 Case Laws Income Tax

Frivolous additions by the Revenue - the Revenue has failed to understand the fundamental difference between sale consideration on one hand and income chargeable to tax.....
August 23, 2023 Case Laws Income Tax

Interest u/s 234B - The term “assessed tax” has been defined in Explanation-1 of Section 234B (1). As per said Explanation-1 “assessed tax” means the tax on the total......
August 23, 2023 Case Laws Income Tax

Reopening of assessment u/s 147 - The fact that the Assessment Order does not contain any reference or discussion relating to depreciation claimed by petitioner on the......
August 23, 2023 Case Laws Income Tax

Revision u/s 263 - Tax liability of award received by the assessee company on the acquisition of its lands under the NHAI Act, 1956 - absence of notification issued by......
August 23, 2023 Case Laws Income Tax

Addition u/s 68 - share application money - not only the assessee company had failed to substantiate to the hilt the nature and source of the amount credited in its......
August 23, 2023 Case Laws Income Tax

Stay of demand - Outstanding disputed demand of tax - the interest of the revenue is fully secured against quantified demand, since the bank accounts with an amount of......
August 23, 2023 Case Laws Income Tax

Addition for undisclosed cash payments - Merely because the payments made by cheque appearing in the ledger copy and actually made by the assessee tallied, it cannot......
August 23, 2023 Case Laws Income Tax

Unexplained credit u/s 68 - Partially genuine - As per AO, an individual creditor is true up to 75% level and untrue up to 25% level, which is unheard practice because a....
August 23, 2023 Case Laws Income Tax

Addition u/s 68 - unexplained cash credit - The claim of the assessee company of having received share application money from the 41 share applicant/subscriber companies....

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