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Highlights / Annotations / Catch Notes For September of 2020

Home Highlights September September 2020 Year 2020

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Showing 101 to 150 of 415 Records

1 234 5 6 7........ 9

September 23, 2020 Case Laws Service Tax

Business Auxiliary Service (BAS) - Trade Discount - in the entire transaction only two persons are involved, one the appellant as exporter of the goods and second the......
September 23, 2020 Case Laws Service Tax

Works Contract Services - Evidently all the service recipients have been set up by the State Government, and are directly under the control of the various Ministries of.....
September 22, 2020 Case Laws GST

Profiteering - Vires of Section 171 of CGST Act and Chapter XV of the CGST Rules - petitioner directed to deposit the principal profiteered amount (i.e. ₹......
September 22, 2020 Case Laws Income Tax

Unexplained income u/s 69A - cash deposited during the demonetization period made out of cash in hand (which was more than four months) - penalty proceedings u/s.271AAC.....
September 22, 2020 Case Laws Income Tax

Demand in respect of firm raised in the name of Partner - In the light of the legal nature of a partnership firm, a demand raised on the managing partner can never be......
September 22, 2020 Case Laws Income Tax

Computation of capital gains -Treating ‘Government Securities’ as Bonds or Debentures for the purpose of the third proviso (now fourth proviso) to section 48 - Just......
September 22, 2020 Case Laws Income Tax

Determination of LTCG - Valuation u/s 50C - the cost of new asset is not less than the net consideration, therefore, the whole of the capital gain is not chargeable to......
September 22, 2020 Case Laws Income Tax

Revision u/s 263 - It is evident that A.O. made enquiries on the issue and assessee complied to the enquiries and filed all the required details. Thus, it is not a case.....
September 22, 2020 Case Laws Income Tax

Enhancement of Capital Gain - Initially the value was taken as determined by the Sub-Registrar - Later, on objection raised by asessee, matter was referred to DVO -......
September 22, 2020 Case Laws Income Tax

Netting off of the interest income against interest expenditure - assessee has deposited the funds which were not immediately required for the assessee’s business and as....
September 22, 2020 Case Laws Customs

Power of Customs Officers to arrest - Any Person - Where a Customs Officer arrests a person and informs that person of the grounds of his arrest, for the purposes of......
September 22, 2020 Case Laws Customs

We are not satisfied that under the Act of 1962 such powers have been vested in the Customs officers that they must be regarded as police officers. - The Customs/DRI......
September 22, 2020 Case Laws Customs

Whether the DRI officers are 'proper officers' for the purpose of Section 28 of the Customs Act, 1962? - Held Yes - The DRI officers are also Customs officers and have......
September 22, 2020 Case Laws Insolvency and Bankruptcy

Rule of IRP - A well functioning system of resolution driven by the IPs enables the adjudicator to delegate more and more powers and duties to the professionals. This......
September 22, 2020 Case Laws Service Tax

Rent-a-cab service - allegation that they have deliberately suppressed the material facts with intent to evade payment of service tax - The appellant providing several......
September 22, 2020 Case Laws Central Excise

Refund of CVD / Excise duty - case is yet to be decided even after 16 years lapsed - We fail to understand that if the claim of the writ applicant could not be looked......
September 22, 2020 Case Laws Central Excise

Reversal of Cenvat Credit under Rule 6 - clearance of iron ore fines - exempted goods or not - the Department has brought nothing on record to show that the iron ore......
September 21, 2020 Case Laws GST

Renting of immovable property service - Valuation of rental income - The applicant can’t deduct the property taxes and other statutory levies for the purpose of arriving....
September 21, 2020 Case Laws GST

Levy of GST - Levy of GST - Services are in relation to conduction of examination - job to scan the OMR Flying slip, OMR marks Foil with barcode sticker, scanning of OMR....
September 21, 2020 Case Laws GST

Provisional attachment order - no proceeding pending under Sections 62, 63, 64, 67, 73 and 74 of CGST Act - It is deemed appropriate to direct the respondent No.1 to......
September 21, 2020 Case Laws Service Tax

Refund - respondent has deposited lumpsum amount during investigation and same was not recovered from the customers - Principles of Unjust Enrichment - Revenue failed to....
September 21, 2020 Case Laws Income Tax

Carry forward of the depreciation loss - once the Circular No.14 of 2001 clarified that the restriction of 8 years for carry forward and set off of unabsorbed......
September 21, 2020 Case Laws Income Tax

Penalty proceedings u/s 271AAA - the penalty was initiated u/s 271AAA in the quantum assessment order whereas the same has finally been levied u/s 271AAB which would......
September 21, 2020 Case Laws Income Tax

Gross profit addition - AO during the assessment proceedings, agreed to estimation of gross profit @ 56% of sales/turnover and this act of the assessee obviously stopped....
September 21, 2020 Case Laws Income Tax

Complete Scrutiny v/s Limited scrutiny - In the assessee`s case under consideration the issue of mismatch of sales shown in the audit report vis-à-vis ITR was for......
September 21, 2020 Case Laws Income Tax

Valuation of Excess stock found during search - argument of the AO for not allowing deduction of GP embedded in the estimated market value, is devoid of any merit - AT
September 21, 2020 Case Laws Income Tax

Delayed payment of certain Govt. dues - the differential amount of sales tax (Normal rate – Concessional Rate) and interest on delayed payment of Sales Tax amounting......
September 21, 2020 Case Laws Income Tax

Disallowance of brokerage expenses while working out the capital gains - when the assessee has duly filed confirmations from all the brokers to whom commission has been.....
September 21, 2020 Case Laws Income Tax

Disallowance u/s 36(1)(iii) - interest free loan to its subsidiaries - the amount of advances received from the customers cannot form part of own fund of the assessee.......
September 21, 2020 Case Laws Customs

MEIS Scheme - mistake while submitting Shipping bills - the petitioner's representative instead of entering 'Y' for each line item, selected 'Y' only for the first line.....
September 21, 2020 Case Laws Companies Law

Seeking Convening and holding of AGMs - Default as per Section 96 of the Companies Act, 2013 - The section confers on the Tribunal to order the AGM of the company to be.....
September 21, 2020 Case Laws Companies Law

Restoration of the name of the Company in the Register of Companies - The petitioner-company has earned revenue in the financial year 2013-14 to 2016-17, therefore, it......
September 19, 2020 Case Laws GST

Levy of GST - activity of maintaining the facilities at the layout from the funds collected from the members of the Society - Taxable as supply of service - The amount......
September 19, 2020 Case Laws GST

Input Tax Credit (ITC) - we do not agree with the applicant’s view that the land filling pit falls under plant and machinery. However, the discussion would be incomplete....
September 19, 2020 Case Laws Income Tax

Income Tax Settlement Commission order - Waiver of interest - the Settlement Commission cannot re-open its concluded proceedings by invoking Section 154 of the Act so as....
September 19, 2020 Case Laws Income Tax

Withholding of refund u/s 241A - Despite issuance of scrutiny notice under Section 143(2) of the Act, 1961, the refund due to the petitioner is liable to be released at.....
September 19, 2020 Case Laws Income Tax

Power of CIT(A) in exercising power u/s 250(4) to accept remand report with regard to income as well as claim of expenditure made by assessee - if the Remand Report is......
September 19, 2020 Case Laws Income Tax

Penalty u/s 271(1)(b) - assessee did not comply with the notice issued u/s 142(1) of the Act requiring the assessee to furnish certain information - Neither the AO nor......
September 19, 2020 Case Laws Income Tax

Determination of Capital Gain - Application of section 50C - Determination of fair market value of land which is claimed to be sold under compelling circumstances by the....
September 19, 2020 Case Laws Income Tax

Exemption u/s 11 and 12 - Amount deployed towards share capital of BARC pursuant to the policy of the Central Government and TRAI recommendations - BARC, being a not for....
September 19, 2020 Case Laws Customs

Valuation of imported goods - suppression and misdeclaration of import price of goods - The documents /data retrieved from the hard disc/pen drive, in absence of the......
September 19, 2020 Case Laws Indian Laws

Dishonor of Cheque - the accused had agreed to make payment in installments and the manner in which the said payments are to be made, are clearly explained and agreed......
September 18, 2020 Case Laws GST

The repairing service carried out by the applicant on damaged vehicle supplied by the owner is classifiable under SAC 9987 and GST is leviable @ 18 % - AAR
September 18, 2020 Case Laws GST

Classification of goods - Maize Bran (cattle feed) - The maize bran supplied by them to the farmers would not be directly fed to cattle but be mixed with the cattle feed....
September 18, 2020 Case Laws GST

Requirement to take GSTIN - Agent - the applicant is only authorized to supply the goods and service under the brand name other taxable person - applicant covers under......
September 18, 2020 Case Laws GST

Principles of Natural Justice - denial of supply of copies/extracts of the seized documents - Once it is held that discretion available to the competent authority u/S.......
September 18, 2020 Case Laws GST

Permission for withdrawal of writ petition and grant liberty to pursue the matter before advance ruling authority (AAR ) - while dismissing the writ petitions, the......
September 18, 2020 Case Laws GST

Provisional attachment of Bank Accounts of petitioner - Prima facie, there is reasonable apprehension that the petitioners may default in the ultimate collection of the.....
September 18, 2020 Case Laws Income Tax

TDS u/s 195 - sales promotion expenses - Addition u/s 40(a)(ia) - there is no evidence that the non-resident agent has rendered any managerial service to the assessee......
September 18, 2020 Case Laws Customs

Provisional release of the seized goods - it was opined that the goods were grossly overvalued to claim undue benefits of enhanced IGST refund and Drawback - when the......

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