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Highlights / Annotations / Catch Notes For September of 2020

Home Highlights September September 2020 Year 2020

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Showing 1 to 50 of 415 Records

12 3 4 5........ 9

September 30, 2020 Case Laws GST

Levy of GST - taxable supply or not - sale of Transferable Development Rights (TDR)/ Floor Space Index (FSI) received as consideration for surrendering the joint rights.....
September 30, 2020 Case Laws GST

Input Tax Credit - lift installation charges paid to Fujitec - credit booked as Capital expenditure in their books without availing the depreciation on 18% GST charged......
September 30, 2020 Case Laws GST

Works Contract - Earth Work or not - construction of tunnel and its allied works - the Contract may be for something else- be it construction of building, tunnel, canal,....
September 30, 2020 Case Laws GST

The works contract service for the construction of those dwelling units in the RREP that are affordable residential apartments in terms of clause 4(xvi) of the Rate......
September 30, 2020 Case Laws GST

Detention of vehicle - E-way bill did not mention correct details - The proper Officer is requested to examine such defence of the petitioner and thereafter determine......
September 30, 2020 Case Laws Income Tax

Condonation of delay in filing the revised return - belated return u/s 139 (5) - No valid justification for the 4th respondent to have rejected the request of the......
September 30, 2020 Case Laws Income Tax

Reopening of assessment u/s 147 - the assessment order as well as the order passed by the CIT(A) are speaking orders. If the Tribunal comes to the conclusion that the......
September 30, 2020 Case Laws Income Tax

Eligibility for deduction u/s 80IB - housing projects - if the Crown seeking to recover the tax, cannot bring the subject within the letter of the law, the subject is......
September 30, 2020 Case Laws Income Tax

Action against the Principal officer of the company - identifying a person who is in a position to prepare and submit a return on behalf of the Company. - the petitioner....
September 30, 2020 Case Laws Income Tax

Penalty u/s 271(1)(c) - While apparently surrendering all the income on its own by the Assessee ought not to have attracted penalty for concealment under Section......
September 30, 2020 Case Laws Income Tax

Validity of reopening of assessment - even if anything is not highlighted in the Audit Report, the Assessee has shown that this aspect viz., non-deduction of TDS on the.....
September 30, 2020 Case Laws Income Tax

Revision u/s 263 - Order of the AO in respect of unsecured loans, sundry creditors/liabilities and sundry debtors accepted by the AO is erroneous and prejudicial to the.....
September 30, 2020 Case Laws Income Tax

Levy of penalty u/s 271(1)(c) - it was the assessee which has actually provided all the details in respect of value of properties which were purchased from Financial......
September 30, 2020 Case Laws Customs

Seeking implementation of the order of CESTAT - Right of Revenue to file an appeal in the HC against the order of tribunal - The right of the petitioner to insist on the....
September 30, 2020 Case Laws Indian Laws

Dishonor of Cheque - In this case, the cheques were postdated to 10.12.2017. They became payable only from the dates endorsed therein. Even though the dates of......
September 29, 2020 Case Laws GST

Scope of Advance Ruling - GTA Services or not (SAC 996791) - sub-contractor - hiring out their transport vehicles - whether the order of AAR has imposed restrictions on.....
September 29, 2020 Case Laws GST

Classification of services - GTA Services or not (SAC 996791) - sub-contractor - The Appellant is simply hiring out their transport vehicles to M/s. Posco ISDC Pvt. Ltd.....
September 29, 2020 Case Laws Income Tax

Adjustment arising out of performance guarantee - The transaction is in the form of indemnity provided by the assessee - the contract which was awarded to its AE would......
September 29, 2020 Case Laws Income Tax

Addition u/s 40(a)(ia) - Non-deduction of TDS - year end provisions was made by assessee in respect of expenses - As regards to the claim of the assessee that in......
September 29, 2020 Case Laws Income Tax

TP Adjustment - Determination of arm’s-length price - Law does not permit the TPO or DRP to determine the arm’s length price on estimation or adhoc basis. - Accordingly.....
September 29, 2020 Case Laws Income Tax

Late fees payable u/s 234E - Once, the AO has no power to levy any late filing fee for the return processed prior to 01.06.2015, then no such power can be exercised by......
September 29, 2020 Case Laws Income Tax

Exemption u/s 11 - charitable or commercial activities - Fee charged and the quantum of income earned can be indicative of the fact that the person is carrying on the......
September 29, 2020 Case Laws Income Tax

Additions towards Unsecured loans and interest paid thereon u/s 68 & 69C - in respect of interest paid, TDS was deducted u/s 194A - in respect of payment of interest to.....
September 29, 2020 Case Laws Income Tax

Penalty u/s 272A(2)(k) r.w.s. 200(3) - failure on part of assessee to file quarterly returns of TDS in Form 24Q and 26Q for the years under consideration within the......
September 29, 2020 Case Laws Income Tax

Taxability of long term capital gain - Section 2(47)(v) of the Act clearly stipulates that transfer of the immovable property comes into effect when possession of the......
September 29, 2020 Case Laws Companies Law

Benefit of ‘LLP Settlement Scheme, 2020’ dated 04.03.2020 read with the subsequent modification thereto vide Circular dated 30.03.2020 - the petitioner(s) are entitled......
September 29, 2020 Case Laws Companies Law

Companies Fresh Start Scheme (CFSS) 2020 - Defaulting company - The Scheme is a fresh lease of life given to defaulting companies, which are not yet declared `Inactive’,....
September 29, 2020 Case Laws Insolvency and Bankruptcy

CIRP Proceedings - If a director or a personnel of the Corporate Debtor does not cooperate or creates hindrance or disobeys the instructions of the RP, the law is not......
September 29, 2020 Case Laws Insolvency and Bankruptcy

CIRP Process - validity of order of the Presiding Officer under the Payment of Wages Act, 1936 - The order passed by the Presiding Officer under the Payment of Wages......
September 29, 2020 Case Laws Service Tax

Rejection of SVLDR scheme - it is clear that any investigation pertaining to the period from 2014 to 2016 by the authorities should not affect the declarations made by......
September 28, 2020 Case Laws GST

Territorial Jurisdiction - transfer of the case - GST investigation - The officer at Ernakulam has been authorised to look into the matter specifically on the grounds......
September 28, 2020 Case Laws GST

Territorial Jurisdiction - Detention of goods during stock transfer - recovery of GST and penalty - There was no occasion for the 3rd respondent to collect tax and......
September 28, 2020 Case Laws Income Tax

Revision u/s 263 or appeal-able order before CIT(A) u/s 246A - Subject matter of revision was limited - Doctrine of merger - CIT(A) and ITAT rejected the appeal of......
September 28, 2020 Case Laws Income Tax

TP Adjustment - determination of appropriate method - Matter remanded back to ITAT - We do not expect a further open remand by the learned Tribunal on the said issue any....
September 28, 2020 Case Laws Income Tax

Period of limitation to pass assessment order in case of remand proceedings u/s 153 - An order of any Court means an order of any and every Court of the country. - The......
September 28, 2020 Case Laws Income Tax

Additions of CSR expenses - the amendment in section 37(1) of the Act has been introduced w.e.f. 1st April, 2015 and does not apply on the facts of the case and the......
September 28, 2020 Case Laws Income Tax

Levying interest u/s 234C - Advance tax - Non-deduction of TDS by the payer - The interest income received by the assessee from IOCL was liable for deduction of tax at......
September 28, 2020 Case Laws Income Tax

Interest expenses claim against the interest income received - It is the nature of the business and all the expenditure incurred in earning the income is allowable......
September 28, 2020 Case Laws Income Tax

Non granting interest u/s 244A - AO is hereby directed to pay interest on the refund eligible in accordance with the proviso to Section 244A(1)(a) with regard to the......
September 28, 2020 Case Laws Income Tax

Disallowance of commodity derivative loss - speculative loss or not - Assessee is engaged in one and only business of derivative trading in different commodity exchanges....
September 28, 2020 Case Laws Indian Laws

Dishonor of Cheque - Acquittal of accused - Offence u/s 138 - Presumption u/s 139 - the complainant himself has categorically stated that the complaint was filed in his.....
September 26, 2020 Case Laws GST

Grant of Bail - power to re-arrest if the amount of tax evaded goes up during the investigation - Even if any new case is made out after release of the accused on bail......
September 26, 2020 Case Laws Income Tax

Income from other sources u/s 56(2)(viib) - determining the share value of the premium - Method of valuation of shares - AO did not point out any flaw in the method of......
September 26, 2020 Case Laws Income Tax

Reopening of assessment u/s 147 - As used the expression 'seems' by stating that though the assessee seems to be qualified under clause (a) to Section 43(5), since they.....
September 26, 2020 Case Laws Income Tax

Exemption u/s 54F - Denial of exemption as appellant received multiple number of flats - Amendment to section 54 & 54F, restricting the claim of deduction to one......
September 26, 2020 Case Laws Income Tax

Revision u/s 263 - the assessee made no specific claim u/s. 80P2(d) of the Act before the AO nor in the return of income as rightly pointed by the ld. DR. - Further, AO.....
September 26, 2020 Case Laws Income Tax

Addition u/s 43CA - differential amount over and above the declared sale consideration - we are unable to accede to the contention so advanced on behalf of the assessee.....
September 26, 2020 Case Laws Income Tax

Addition on the basis of Central Bureau of Investigation (CBI) report - criminal conspiracy - Assessee being govt officer (treasury officer) - allegation of dishonestly.....
September 26, 2020 Case Laws Customs

Interpretation of the Exemption Circular - the emphasis on the comma punctuation mark (,) used in Clause 5.5 of the Circular dated 23.03.2009 to be misdirected. The......
September 26, 2020 Case Laws Insolvency and Bankruptcy

Direction for payment of outstanding amount of CIRP expenses and the contribution towards the liquidation cost - being satisfied that IFCI's inclusion as a member in the....

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