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Highlights / Annotations / Catch Notes For September of 2019

Home Highlights September September 2019 Year 2019

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September 7, 2019 Case Laws Customs AT

Court Upholds Reclassification of Imported Windows XPE Stickers and Licenses; Shipping Declaration Considered Accurate Without Contradictory Evidence.
September 7, 2019 Case Laws Money Laundering SC

Supreme Court denies anticipatory bail in INX Media case over foreign investment irregularities under PMLA, citing investigation concerns.
September 7, 2019 Case Laws Service Tax HC

Service Tax Recovery Valid as Land Revenue: Certificate's Validity Upheld Despite Missing Specific Statute Reference u/s 87(D).
September 7, 2019 Case Laws Central Excise AT

Appellant Must Prove No Unjust Enrichment for Duty Refund Claim u/s 11B(1) Due to Erroneous Payment.
September 7, 2019 Case Laws Central Excise AT

Central Excise Authority Can Reclassify Goods Independently of Customs Authority Decisions; Errors Aren't Binding.
September 7, 2019 Case Laws Central Excise AT

Melting and repacking raw beeswax not considered manufacturing, impacting Central Excise tax classification and implications.
September 6, 2019 Circulars Income Tax

Manual Selection of Tax Returns for Scrutiny in 2019-20 Targets High-Risk Cases for Tax Compliance Verification.
September 6, 2019 Circulars Customs

IGST Refund Week Tackles Invoice and Shipping Bill Mismatches, Aims to Streamline GST Refund Process.
September 6, 2019 Circulars Customs

Customs Require 'No-Incentive Certificate' for Clearance of Re-Imported Goods to Recover Export Benefits Under Chapter 3 Policy.
September 6, 2019 Case Laws Customs SC

High Court or Supreme Court to Decide on Appeal Over Alleged Violation of Exemption Notification by Assessee.
September 6, 2019 Case Laws Service Tax AT

Inconsistent Service Tax Demands: Authorities Urged to Apply Uniform Standards for Similarly Situated Assessees Under Revenue Law.
September 6, 2019 Case Laws Central Excise AT

Adjudicating Authority Can't Reopen Finalized Cases u/s 11A Without Legal Permission; Multiple Proceedings Are Unlawful.
September 6, 2019 Case Laws VAT and Sales Tax HC

Court Rules on Tax Dues Recovery: Property Transfers to Defraud Revenue Are Void, Protecting Purchaser Rights Under Statute.
September 6, 2019 Case Laws VAT and Sales Tax HC

High Court Rules 12.5% Entry Tax on Excavators as "Motor Vehicles" Illegal; Violates Article 304(a) of Indian Constitution.
September 6, 2019 Case Laws VAT and Sales Tax HC

High Court Rules Deletion of Section 29(5) from Goa VAT Act Cannot Be Contested Based on Preference for Old Rules.
September 6, 2019 Case Laws Income Tax HC

High Court Upholds Disallowance of Expenses u/s 40A(2)(b) for Payments to Partners' Relatives as Sub-contractors.
September 6, 2019 Case Laws Income Tax AT

DRP's Failure to Issue Separate Draft Order Renders Assessment Null and Void Due to Procedural Non-Compliance.
September 6, 2019 Case Laws Income Tax AT

TDS on Payments to Non-Resident Companies: DTAA's 10% Rate Prevails Over Section 206AA's 25% Rate Requirement.
September 6, 2019 Case Laws Income Tax AT

Audit Report Admissible as Evidence When Books of Accounts Unavailable for Verification Under Indian Evidence Act, 1872.
September 6, 2019 Case Laws Income Tax AT

Assessee's Rectification Request u/s 154 Dismissed; Superior Court Decisions Not Considered in Tax Judgment.
September 6, 2019 Case Laws Income Tax AT

Taxpayers can separate gains from multiple asset sales to benefit from long-term capital gains tax rules.
September 6, 2019 Case Laws Income Tax AT

Liquidation Expenses Can Offset Capital Gains: Deduction Allowed for Proper Asset Liquidation Costs.
September 6, 2019 Case Laws Customs HC

High Court Restores Case Due to Violations of Natural Justice: Petitioner Did Not Receive Notice for Hearing.
September 6, 2019 Case Laws Customs HC

Unclear Notification: Should Valuation Be Based on Bill of Entry or Invoice Date? Practice Defaults to Invoice.
September 6, 2019 Case Laws Customs AT

Revenue Appeals Dismissed: Gold Bars from Will Can Be Redeemed Instead of Confiscated.
September 6, 2019 Case Laws SEBI AT

SEBI Identifies Artificial Trade Violations Under PFUTP Regulations 2003 Due to Manipulative Transactions by Repeated Buyers and Sellers.
September 6, 2019 Case Laws Service Tax HC

High Court Rules Appeal Can't Be Deemed Non-Maintainable Post-Registration Without Addressing Initial Delay.
September 6, 2019 Case Laws VAT and Sales Tax HC

Input Tax Credit Can't Be Denied Just Due to Vendor's Canceled Registration Without Proving Unpaid Taxes by Vendor.
September 6, 2019 Case Laws Indian Laws HC

Court Reviews IRS Officer's Damages Claim Post-Retirement u/r 56(j); Orders Must Not Rely on Inferences.
September 5, 2019 Notifications Customs

India Raises Customs Duty on Malaysian Palm Oil by 5% for 180 Days Under Economic Cooperation Agreement.
September 5, 2019 Circulars DGFT

DGFT Sets Standard Input Output Norms for Food Products Under Product Code 'E' to Streamline Export Processes.
September 5, 2019 Circulars Customs

New IGST Payment Verification Mechanism for Exported Goods to Streamline Refunds and Boost Tax Compliance in India.
September 5, 2019 Case Laws Income Tax AT

Deemed Dividend Taxation: Assessee's Share of Accumulated Profits Calculated u/s 2(22)(e) of Income Tax Act.
September 5, 2019 Case Laws Income Tax AT

Order u/s 263 on Capital Loss from Shares Invalid if Based on Factual Error, Not Due to Inquiry Lapse.
September 5, 2019 Case Laws Income Tax HC

High Court Confirms CIT(A) Authority u/s 251 to Address New Income Sources; Dismisses Taxpayer's Claim.
September 5, 2019 Case Laws Income Tax HC

Court Rules Foreign Loan to Indian Subsidiary is a Capital Asset u/s 2(14) of Income Tax Act.
September 5, 2019 Case Laws Income Tax HC

Reopening of Tax Assessment Valid u/s 147 Based on Prior Year Info from Section 143(3) Assessment.
September 5, 2019 Case Laws Income Tax HC

Reassessment Allowed u/s 147 of Income Tax Act if AO Believes Income Escaped, Even Without Initial Scrutiny.
September 5, 2019 Case Laws Income Tax HC

High Court Sets Aside ITAT's Ex-Parte Order After Assessee's Non-Appearance; Highlights No Benefit in Late Appearance.
September 5, 2019 Case Laws Income Tax HC

High Court Confirms Penalty on Corporate Association for Knowingly Providing False Income Details u/s 271(1)(c.
September 5, 2019 Case Laws Income Tax AT

Penalty u/s 271(1)(c) Not Imposed for Debatable MAT and Book Profit Issues u/s 115JB.
September 5, 2019 Case Laws Income Tax AT

Taxpayer's Revised Return Disputes Agricultural Income; Additions Deemed Justified as Income from Other Sources.
September 5, 2019 Case Laws Insolvency and Bankruptcy AT

CIRP Withdrawal Approved by Creditors; Adjudicating Authority Cannot Deny u/s 7 Despite Asset Concerns.
September 5, 2019 Case Laws Central Excise AT

Court Rules in Favor of Pan Masala Factory: Two-Day Clearance Rule Not Strict if Unfair to Assessee.
September 5, 2019 Case Laws VAT and Sales Tax HC

Deemed Assessment of Input Tax Credit Under TNVAT Act: Revision of Orders Allowed but Limited by Time Constraints.
September 5, 2019 Case Laws Indian Laws SC

Negotiation Period Can Pause Arbitration Limit Timeline if Fully Documented Under 1996 Act.
September 4, 2019 Notifications GST - States

Proposal to Waive FORM ITC-04 Filing for Fiscal Years 2017-18 and 2018-19 under GST Regulations.
September 4, 2019 Circulars DGFT

India Announces 2019-20 Sugar Export Quotas to USA Under Tariff Rate Quota System; Managed by DGFT.
September 4, 2019 Circulars Customs

New Guidelines Streamline IGST Payment Verification for Exported Goods from India, Ensuring Timely and Accurate Refunds.
September 4, 2019 Case Laws FEMA HC

Court Rules No Unfair Treatment in NGO's FCRA License Revocation; No "Negative Equality" Without Specific Violations Listed.

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