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Highlights / Annotations / Catch Notes For September of 2020

Home Highlights September September 2020 Year 2020

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Showing 51 to 100 of 415 Records

123 4 5 6........ 9

September 26, 2020 Case Laws Service Tax

Prayer for revival of appeal accepting 7.5% pre-deposit and dispose of the appeal on merits - the appeal was rejected for non compliance of pre-deposit requirements, the....
September 25, 2020 Case Laws GST

Grant of Anticipatory Bail - Allegation of Bribery - Excise and Taxation (GST) officer - evasion of GST - The evasion of tax is by connivance of transporters,......
September 25, 2020 Case Laws GST

Levy of CGST and IGST - Duty Free Shops (DFS) at Airport - All the DFSs are situated at international airports i.e. at Cochin and Calicut, which are beyond the customs......
September 25, 2020 Case Laws Income Tax

Deemed dividend u/s 2(22) (e) - to be assessed in the hands of the share holder or in the hands of the firm - the nature of transaction between the firm and the company.....
September 25, 2020 Case Laws Income Tax

Scientific Research Expenditure u/s 35 - Unless the expenditure is of the capital in nature, resulting in creation of assets of enduring nature, the same cannot be......
September 25, 2020 Case Laws Income Tax

Business income receipt of On Money received out of books of account - Addition on the basis of the extrapolation of the clinching evidences seized/impounded which has......
September 25, 2020 Case Laws Income Tax

Eligibility of deduction u/s 10A - The activities of the assessee can be classified as Data Processing, Legal Databases and remote maintenance under the Notification......
September 25, 2020 Case Laws Income Tax

Penalty u/s. 271(1)(c) - advances shown as purchases - furnishing inaccurate particulars of income - On taking note of the factual position, the CIT(A) exercised its......
September 25, 2020 Case Laws Income Tax

Non setting off the losses from Export Oriented Unit (Section 10B unit) against the income earned in the Domestic Tariff Area Unit - Admittedly, in the instant case, the....
September 25, 2020 Case Laws Income Tax

Long term capital gain - actual owner of the property - Holder of Power Of Attorney (POA) - Transfer of asset u/s 2(47) - In the absence of any transfer document coupled....
September 25, 2020 Case Laws Income Tax

Reopening of assessment u/s 147 - non-supply of reasons recorded for issuance of notice u/s 148 - In the instant case, it is an admitted position that the assessee for......
September 25, 2020 Case Laws Income Tax

Penalty u/s 271AAB - Defective notice - in the given facts and circumstances of the case wherein the matter written in the body of the notice issued u/s 274 of the Act......
September 25, 2020 Case Laws Income Tax

Deduction in respect of education cess - AO directed to consider the claim of assessee and allow appropriate relief in accordance with the decision above wherein it was.....
September 25, 2020 Case Laws Income Tax

Correct head of income - Taxability of rental income - there is no question of allowing any deduction as depreciation under section 32 for the period for which this......
September 25, 2020 Case Laws Income Tax

Lease income derived from the agricultural land - "income from other source" OR “agricultural income” which is exempt from tax u/s.10(1) - unless there is some measure......
September 25, 2020 Case Laws Customs

Classification of imported goods - split air-conditioners - These operate together to cool space. Likewise, it may heat space also - The General Rules of Interpretation,....
September 25, 2020 Case Laws Customs

Legality of import of ‘wheat gluten amygluten 160’ - production of ‘duty-free import authorization (DFIA)’ licenses, permitting import of ‘flour’ for the manufacture of.....
September 25, 2020 Case Laws Insolvency and Bankruptcy

Initiation of CIRP - “IBC is not a recovery law”. Its purpose is to save the companies and also to allow them to be going concern. Again, email dated 06.07.2017 does......
September 25, 2020 Case Laws Insolvency and Bankruptcy

Prosecution proceedings against sleeping directors for failure to assist RP - Non supply of Documents / Account Books - A mere running of the eye of the ingredients of......
September 25, 2020 Case Laws Service Tax

Refund of Service Tax - nexus with output service - there is force in the appellant’s arguments that the Department did not dispute the availment of credit in the first.....
September 25, 2020 Case Laws Service Tax

CENVAT Credit - input services - Short term hotel accommodation service - rent-a-cab service - outdoor catering and housekeeping services - Credit allowed on different......
September 24, 2020 Notes GST

Refund of unutilised ITC - inverted duty structure - Denial on Input services - Contradictory Judgements on the same issue - GUJARAT HIGH COURT allows the credit while......
September 24, 2020 Case Laws GST

Refund of unutilised ITC - inverted duty structure - Denial on Input services - Explanation to Section 54 uses the terms "inputs" and "input services" separately and......
September 24, 2020 Case Laws GST

Validity of Notifications - conflict with the recommendations made by Respondent No. 3 in its 15th Meeting - The impression of contradiction that appeared on comparison.....
September 24, 2020 Case Laws Income Tax

Depreciation on Floor Space Index (FSI) - @ 10% or 25% - depreciation on intangible assets - having not filed appeal against such decision of CIT (A), revenue cannot now....
September 24, 2020 Case Laws Income Tax

Payment of tax collectable at source u/s 206C - Maintainability of Writ petition - The officer has only asked the petitioner to deposit the amount, through a Bank Draft,....
September 24, 2020 Case Laws Income Tax

Validity of the reopening of assessment - validity of the notice u/s 148 - wrong understanding of the legal position - The assessee, in the case on hand, chose the......
September 24, 2020 Case Laws Income Tax

Exemption u/s 11 - the activities of the assessee's association cannot be termed either "trade" , "commerce" or "business" simply because the assessee association is......
September 24, 2020 Case Laws Income Tax

Loss of precious metal - Notional loss or actual loss - Abnormal loss incurred by the assessee can be treated as revenue expenditure to be allowable during this year or.....
September 24, 2020 Case Laws Income Tax

Loss suffered by the assessee in respect of alleged unrecorded transactions - denial of set off against declared profit by wrongly invoking sec. 115BBE - - Amendment......
September 24, 2020 Case Laws Income Tax

Disallowance of Cath Lab Expenses - During the month of May some specific procedures were also carried out, for which doctors were called for from Mumbai. Professional......
September 24, 2020 Case Laws Income Tax

Stay petition - authorised representative submitted that assessee did not have any assets available with it for furnishing of the security and therefore same cannot be......
September 24, 2020 Case Laws Income Tax

Exemption u/s 11 - Lease transactions - Merely because the other charitable trust guilty property for accommodation of the person covered under section 13(3) of the Act,....
September 24, 2020 Case Laws Customs

Time and date from which enhanced duty comes into effect - The presentation of the bill of entry under Section 46 is made electronically and is captured with time stamps....
September 24, 2020 Case Laws Customs

Valuation of imported goods -steel nuts - The evidence on record is not sufficient to determine the impugned goods either as ‘stainless steel’ or as ‘other ally steel’......
September 24, 2020 Case Laws Central Excise

Clandestine Removal - illicit production of plywood on the basis of consumption of resin - The onus is definitely on the department to establish manufacture and......
September 23, 2020 Case Laws GST

Grant of anticipatory bail - Arrest of Superintendent working in the office of Commissioner of CGST, Rohtak - Demanding bribe - looking into the serious allegations......
September 23, 2020 Case Laws GST

Attachment of property while exercising the power to access the premises u/s 71(1) - The plain reading of Section 83 of the Act would indicate that the powers can be......
September 23, 2020 Case Laws Income Tax

Disallowance u/s 14A - Whether there is no tax free income earned during the year ? - To attract the provisions of Section 14A of the Act, 1961, it is necessary that the....
September 23, 2020 Case Laws Income Tax

Provisions for doubtful debts allowed as a expenditure even though the same is not written off - as per prevalent accounting principles which clearly lay down that loss.....
September 23, 2020 Case Laws Income Tax

Liability to pay interest u/s 234B - In the light of legal position as it existed for the relevant Assessment Years prior to insertion of proviso to Section 209(1) of......
September 23, 2020 Case Laws Income Tax

Income-tax Officer (Intelligence) authority to issue notice u/s 133(6) - Jurisdiction of Income Tax Authorities u/s 120 - From the reliance on the notification dated......
September 23, 2020 Case Laws Income Tax

MAT Computation - when the ld. CIT(A) is satisfied that the income which is exempt u/s. 10 of the Act is included in the book profit u/s. 115JB, which should not be......
September 23, 2020 Case Laws Income Tax

Allowability of exemption u/s 10(23C)(vi) - Allegatin that, assessee Society has continued to divert its funds towards non-educational activities by way of huge advances....
September 23, 2020 Case Laws Income Tax

Disallowance u/s.40(a)(ia) - Failure to deduct TDS - Scope of amendment - if a statute is curative of the previous law, retrospective operation is generally intended. -.....
September 23, 2020 Case Laws Income Tax

Exemption u/s 11 - charitable activity u/s 2(15) - whether milk collection and distribution activity of assessee Trust was a business? - Held No - The milk collection......
September 23, 2020 Case Laws Customs

Flexi Tank Containers - Benefit of exemption on import - durable goods or not - entire emphasis of the Revenue is that the subject Flexi Tank Containers are not......
September 23, 2020 Case Laws Customs

DFIA Scheme - Actual user condition - the clarification of the Advance Licensing Committee issued in 2002 was withdrawn by the Norms Committee in 2013. The foundation of....
September 23, 2020 Case Laws Customs

Levy of penalty - Valuation of imported goods - Apparently penalties under Section 112 are imposable both on the person who has imported the goods held liable for......
September 23, 2020 Case Laws Companies Law

Rectification of register of members by deleting the transfer entry - transfer of shares - the action of challenging the validity of transfer deed dated December 22,......

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