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Highlights / Annotations / Catch Notes For September of 2019

Home Highlights September September 2019 Year 2019

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Showing 351 to 400 of 510 Records

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September 10, 2019 Case Laws Income Tax

Rectification u/s 254 - period of limitation - ITAT does not have any power to pass an order u/s 254(2) of the Act beyond a period of six months from the end of the......
September 10, 2019 Case Laws Income Tax

Reopening of assessment u/s 147 - assuming the jurisdiction by the AO after transferring the case to the different AO - such a notice is void ab initio, and an......
September 10, 2019 Case Laws Income Tax

Addition u/s 68 - loan amount / advance money - accommodation entries - transactions with an entity who was unregistered firm, the Stock Exchange Board of India, SEBI......
September 10, 2019 Case Laws Income Tax

Reopening of assessment u/s 147 - excess claim of deduction u/s 35D - formation of belief by the AO is within realm of subjective satisfaction - for the purpose of......
September 10, 2019 Case Laws Income Tax

Addition u/s 68 - unexplained share capital - mere fact that its investor is an exempt assessee u/s 10(36) does not give the impugned share application money the colour.....
September 10, 2019 Case Laws Income Tax

Disallowance of guarantee fees - Guarantee fees paid to Govt. of Gujarat was in connection with raising of loans and enduring benefit or advantage could not be said to......
September 10, 2019 Case Laws Income Tax

Addition on account of capital introduction by the partners of the assessee-firm - The source of funds utilized for giving such gifts was explained as the sale proceeds.....
September 10, 2019 Case Laws Income Tax

Revision u/s 263 after reopening of assessment u/s 147 - Assessee filed its return in response to section 148 notice - unexplained cash credit u/s. 68 - whether the......
September 10, 2019 Case Laws Income Tax

Deemed dividend u/s 2(22)(e) - determination of substantial interest / voting rights in the company - clubbing of the shares held by the individual and shares held by......
September 10, 2019 Case Laws Income Tax

Carry forward of long term capital loss incurred on sale of listed securities while claiming exemptions u/s 10(38) on profits - AO directed to assess the long term......
September 10, 2019 Case Laws Income Tax

Reopening of assessment u/s 147 - objection regarding no service of notice u/s 148 - assessee has filed an affidavit denying service of notice - unless, the notice is......
September 10, 2019 Case Laws Customs

Revocation of CHA License - SCN was not issued within 90 days of receipt of the offence report - imposition of penalty - time limit prescribed is mandatory. Hence, we......
September 10, 2019 Case Laws Insolvency and Bankruptcy

Costs of the interim resolution professional - who shall bear the costs? - no Committee of Creditors was ever appointed - whatever the Adjudicating Authority fixes as......
September 9, 2019 Case Laws Income Tax

Evidentiary value of a statement made on oath by the assessee for making additions - The assessee can explain or withdraw the admission, if any, made by him in such......
September 9, 2019 Case Laws Income Tax

Reopening of assessment u/s 147 - notice issued in the name of a dead person - Not a curable defect u/s 292B - a case in which notice is issued to a dead person could be....
September 9, 2019 Case Laws Income Tax

Expenditure allowable u/s 37(1) - contribution made by an assessee to a public welfare cause - While examining the claim for deduction u/s 37(1) the AO would not blindly....
September 9, 2019 Case Laws Income Tax

Penalty u/s 271(1)(c) - employer issued revised TDS certificate with additional salary u/s 192 - Assessee filed the income tax return based on the old TDS certificate......
September 9, 2019 Case Laws Income Tax

Reopening of assessment u/s 147 - unexplained cash deposits - the deposit in the bank account per se cannot be income of the assessee. It is mere suspicion of the......
September 9, 2019 Case Laws Income Tax

Exemption u/s 11 - charitable activity u/s 2(15) - public charitable trust providing swimming pool facilities for training and for other aquatic events - assessee is......
September 9, 2019 Case Laws Income Tax

Additions u/s 56(2)(viib) - issuance of shares less than fair market value - the shares have been subscribed at face value and there is no premium whatsoever - further,.....
September 9, 2019 Case Laws Income Tax

Additions u/s 56(2)(vii) - any amount received by a member of the 'HUF', even out of the capital or estate of the 'HUF' cannot be said to be income of the member......
September 9, 2019 Case Laws Income Tax

Reopening of assessment u/s 147 - reopening cannot be justified on any other material other than referred in the reasons recorded. - Mental exercise must be self-evident....
September 9, 2019 Case Laws Companies Law

Proceedings against the auditors of the company - removal from the statutory audit- Constitutional validity of sub-section (5) of Section 140 of the Companies Act, 2013.....
September 9, 2019 Case Laws Service Tax

CENVAT Credit - input services - transportation of excisable goods to its own unit - place of removal - The stark distinction of facts of the case before the Tribunal......
September 9, 2019 Case Laws Central Excise

Filing of appeal without the copy of the order in original - Appellant claimed that order was not served upon him - We cannot set aside any order without the copy of the....
September 9, 2019 Case Laws Central Excise

SSI exemption - clubbing of clearances - dummy unit - the entire operation and business of both the units undoubtedly controlled and managed by one person, hence, the......
September 9, 2019 Case Laws VAT and Sales Tax

Reopening of the assessment which was completed based on compounded rate of tax - 'Bus body' built on chassis supplied by the customer - There exists divergent views in.....
September 9, 2019 Case Laws Indian Laws

Reference of dispute between the parties to the Arbitrator - the dispute is with respect to sharing of the rent of the leased space and it can be said that the......
September 7, 2019 Notifications Income Tax

Income-tax (6th Amendment) Rules, 2019 - rules amended for filing of application for exemption u/s 10(23C)(iv),(v),(vi) and (via) and requirements for approval of an......
September 7, 2019 Notifications Companies Law

National Financial Reporting Authority (Amendment) Rules, 2019 - Rule 2, Rule 3, Rule 5 and Rule 11 amended.
September 7, 2019 Case Laws GST

Delay in Filing of Form GST Tran-1 and GST Tran-2 - transitional credit - The liability to pay GST on sale of stock carried forward from the previous tax regime without.....
September 7, 2019 Case Laws GST

Filing of Form GST Tran-1 and GST Tran-2 - transitional credit - the due date contemplated under Rule 117 of the CGST Rules for the purposes of claiming transitional......
September 7, 2019 Circulars Central Excise

Procedure for get Declaration under Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019
September 7, 2019 Circulars Income Tax

Exception to monetary limits - appeals may be filed on merits as an exception to said circular, where Board, by way of special order direct filing of appeal on merit in.....
September 7, 2019 Case Laws Income Tax

Deduction of future expenses - accrued liability towards construction of building which was sold as incomplete during construction - it is not a contingent liability-......
September 7, 2019 Case Laws Income Tax

Condonation application for claim of refund / loss - Claim for refund of TDS - person with disability - the delay can be condoned by this Court also, and therefore, the.....
September 7, 2019 Case Laws Income Tax

Message for the tribunal - All this effort and time would have been saved if the Tribunal had made specific reference to contrary decisions or not stated so in the......
September 7, 2019 Case Laws Income Tax

Condonation of delay for filling appeal against the order of Revision u/s 263 - delay of 288 - the assessee being a private limited company, which was assisted by group.....
September 7, 2019 Case Laws Income Tax

Validity of consolidated Notice issued u/s 153A r.w.s. 153C/143(2) - Under these sections, the Assessing Officer cannot issue consolidated notices for different......
September 7, 2019 Case Laws Income Tax

If the Revenue was aggrieved with the decision of learned Commissioner (Appeals) in respect of both the appeals filed by the assessee, it should have filed two separate.....
September 7, 2019 Case Laws Income Tax

The gain derived from sale of painting in the assessment year 2007–08 is not taxable as it is personal effect as defined u/s 2(14) - However, insofar as assessment year.....
September 7, 2019 Case Laws Income Tax

Period of limitations for passing an order u/s 201(1) / 201 (1A) - Treating the assessee as “assessee in default” - failure to deduct TDS - assessee cannot seek immunity....
September 7, 2019 Case Laws Income Tax

Income accrued in India - sending amount from USA to India for maintenance of family members - non-resident - salary payment from foreign employer, which was already......
September 7, 2019 Case Laws Income Tax

Disallowance of assessee’s claim of bad debt written off u/s 36(2)(i) - alternative claim u/s 37 - nothing on record to show that any legal remedies were attempted by......
September 7, 2019 Case Laws Income Tax

Income on compulsorily convertible debentures (“CCD”) - Mere fact that the CCDs were funded using monies received by the appellant from its immediate shareholder does......
September 7, 2019 Case Laws Income Tax

Allowability of expenses on account of reimbursement of service charges - expenses related to earlier years - payment to related parties / concerns - the onus was upon......
September 7, 2019 Case Laws Income Tax

Applicability of MAT to the SEZ unit u/s 115JB - eligibility for exemption u/s 10AA - sub-section (6) specifically provides that MAT provisions continue to apply to the.....
September 7, 2019 Case Laws Income Tax

Depreciation on assets taken on lease - once any asset enters into block asset and claim of depreciation in very first year is allowed, in subsequent year the......
September 7, 2019 Case Laws Income Tax

Penalty under u/s 271(1)(c) - period of limitation - as per the proviso to section 275(1)(a) of the Act, the penalty order ought to have been passed on or before......
September 7, 2019 Case Laws Customs

Import of catalyst called “Petromax-MD” - the product in question, i.e. “Petromax-MD” is not used for running, repair and maintenance of the plant. But it is used as......

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F: Labour Cess applicable on cost of construction without GSt or gross cost

F: Merger of two GSTIN in the same State - Procedure to be followed

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

F: Time limit to upload Form GST MOV-09 on GST portal

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

A: Difference between “License” and “Royalty”

A: Penalty proceedings under Section 130 of the CGST Act cannot be initia...

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 ...

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

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