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Highlights / Annotations / Catch Notes For 2020

Home Highlights Year 2020

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Showing 1951 to 2000 of 5164 Records

1 ....36 37 38 394041 42 43 44........ 104

July 30, 2020 Case Laws VAT and Sales Tax

Reversal of Input Tax Credit - ection 19(20) which has been invoked to deny the benefit of ITC, has itself been inserted only with effect from 19.08.2010. - Thus the......
July 29, 2020 Case Laws Income Tax

Penalty levied u/s 271(I)(c) - Whether "Mens rea" is apparent in this case? - where the two regular appellate authorities have granted the relief to the Assessee by......
July 29, 2020 Case Laws Income Tax

Deemed dividend u/s 2 (22)(e) - advance made by the subsidiary company to the respondent/holding company - Obviously, the department would have been well aware of the......
July 29, 2020 Case Laws Income Tax

Loss of hedging of foreign currency receivable from exports - Loss on account of futures and options set off against the business profit - No substantial question of law....
July 29, 2020 Case Laws Income Tax

Entitled for exemption u/s 47(v) with respect to the transfer of land - Holding company - determination of 100% subsidiary company where 25 shares held by 6 nominees -......
July 29, 2020 Case Laws Income Tax

Admission of additional evidences - As in the present case the Assessee could not lead the required evidence before the lower authorities. We are of the view that the......
July 29, 2020 Case Laws Income Tax

TP Adjustment - As application of TNMM method has been accepted by the Tribunal for AYs 2005-06 to 2007-08 and no change in facts or circumstances has been demonstrated.....
July 29, 2020 Case Laws Income Tax

Validity of notice issued u/s 153C - the seized material found from the premises of the 3rd party in the course of search does not belong to the assessee. Thus in our......
July 29, 2020 Case Laws Income Tax

Deduction u/s 54 denied - LTCG - New house property was purchased in the name of son - it can be seen that the son of the assessee is a direct relation - In a case,......
July 29, 2020 Case Laws Service Tax

Valuation - inclusion of reimbursement of expenses in assessable value - pure agent services - this amount is not includable in the assessable value for charging service tax - AT
July 29, 2020 Case Laws Central Excise

Refund alongwith interest - Recovery of interest from the erring officers - the interest of 6% would be payable up to the date when the amount was credited in the......
July 28, 2020 Case Laws Income Tax

Nature of expenditure - revenue or capital expenditure - legal expenses in connection with structuring of the transaction - merely because the transaction in question is....
July 28, 2020 Case Laws Income Tax

Offences u/s 276C(2) and 278B - allegation against the Petitioners is that they wilfully concealed the income - Where the documents were left out to be marked due to......
July 28, 2020 Case Laws Income Tax

Income accrued in India - Royalty receipt - management service fees - the management services are provided only to support SurfGold in carrying on its business......
July 28, 2020 Case Laws Income Tax

Assessee in Default for non deduction of TDS - Validity of order u/s 201(1) and 201(1A) - period of limitation - as per 201(3)(ii) such time limit expires on 31.03.2013.....
July 28, 2020 Case Laws Income Tax

Double taxation of income in the hands of BCCI and Assessee, as the member of AOP - it will be open to the AO of the appellant to reopen the case of the appellant and to....
July 28, 2020 Case Laws Income Tax

Royalty receipt - since the provisions of DTAA overrides the provisions of Income Tax Act and are more beneficial and the definition of ‘Royalty’ having not undergone......
July 28, 2020 Case Laws Service Tax

Imposition of penalty u/s 76 and 78 of FA - There was an ignorance on the part of the assessees regarding the service tax liability on import of services from outside......
July 27, 2020 Case Laws GST

Detention of goods along with the vehicle - invoices did not bear continuous numbers - The entertainment of such a doubt by the authority cannot be a justification for......
July 27, 2020 Case Laws Income Tax

Order u/s 197 - refusing to grant a certificate of deduction of tax at source (TDS) at NIL rate - In the event the petitioner is aggrieved by the said reasoned order, it....
July 27, 2020 Case Laws Income Tax

Exemption u/s 54F - capital gains earned by the assessee during the previous year - Whether tribunal was right and justified in granting exemption u/s 54F when the......
July 27, 2020 Case Laws Income Tax

Penalty u/s 271D - violation of Section 269SS - reasonable cause to be entitled to the benefit of Section 273B - In view of 2 decisions of tribunal, favoring the......
July 27, 2020 Case Laws Income Tax

Reopening of assessment - Return filed beyond the time prescribed u/s 139(4) and therefore, was treated nonest by the AO - AO has exceeded his jurisdiction in......
July 27, 2020 Case Laws Income Tax

Deduction u/s 10B denied - alternative claim of deduction u/s 10A was not entertained by the CIT(A) primarily for the reason that the assessee had not claimed the same......
July 27, 2020 Case Laws Income Tax

Set–off of business loss against the other heads of income while completing the assessment - we admit the additional ground considering the fact that the AO has also......
July 27, 2020 Case Laws Income Tax

TP Adjustment - working capital adjustment - No document whereby the assessee has made any request before the learned transfer pricing officer or before the learned......
July 27, 2020 Case Laws Income Tax

Unexplained cash credits u/s 68 - unsecured loans - non appearance of the parties to the proceedings before the Ld. AO cannot be a sole ground for taking adverse......
July 27, 2020 Case Laws Income Tax

Undervaluation of closing stock - method of valuation of the marble block - assessee has failed to justify the quantum of defective stock of marble blocks and its......
July 27, 2020 Case Laws VAT and Sales Tax

Rejection of application filed under the Amnesty Scheme - the State's appeal would be rendered infructuous on a settlement arrived at under Section 31A is an inevitable.....
July 25, 2020 Case Laws Income Tax

Capital Gains - Slump sale or sale of individual assets - CIT(A) rendered a factual finding that the assessee has assigned separate values for the immovables consisting.....
July 25, 2020 Case Laws Income Tax

Determining the business loss by allowing carried forward loss - return is filed beyond the due date prescribed u/s 139(1) - AO has correctly held that business loss is.....
July 25, 2020 Case Laws Income Tax

Royalty/ Fees for Technical Services - Receipt of Business Support Charges - the receipt of business support charge is not taxable as fees for technical services/royalty....
July 25, 2020 Case Laws Income Tax

Difference in receipt shown in the Profit & Loss account and as per TDS certificate - the facts on record clearly show lack of proper enquiry by the Assessing Officer.......
July 25, 2020 Case Laws Income Tax

Existence of PE - addition on account of salary reimbursement cost treated as fee for technical services - the burden of proving that the foreign assessee has a PE in......
July 25, 2020 Case Laws Income Tax

Exemption u/s 11 - expenditure to the extent of 85% - assessee is running the trust in accordance with the objects. The activities carried by the assessee in running the....
July 25, 2020 Case Laws Customs

Revocation of Customs Broker license - In the absence of acceptability of the enquiry report and the consequent reliance placed upon it by the Commissioner of Customs,......
July 25, 2020 Case Laws Service Tax

Principles of Natural Justice - denial of reasonable opportunity of being heard - levy of Service Tax - show cause notice was issued about 9-10 months back before the......
July 25, 2020 Case Laws Service Tax

Levy of octroi by municipalities - Invocation of Finance Act, 1994 against the amount retained by the appellant - the collection of octroi by the appellant is in......
July 25, 2020 Case Laws Service Tax

Services received from outside India - POPOS Rules - RCM - when such services are provided by agencies outside India these cannot be provided within India and it is for.....
July 25, 2020 Case Laws Service Tax

Imposition of penalties - Once the payment of service tax and interest is made by the appellant assessee and the intimation is furnished to the authorities, then the......
July 25, 2020 Case Laws Service Tax

Refund of CENVAT Credit - assessee was not registered with the Service Tax Department - even though they were not registered prior to 13/05/2013, they are eligible for......
July 25, 2020 Case Laws Central Excise

Classification of goods - aloe vera juice and amla juice - both chapter heading 1302 and Chapter Heading 2009 equally merit consideration and therefore Chapter Heading......
July 25, 2020 Case Laws Central Excise

Classification of goods - Aloe vera powder and amla powder - They are not juices, they are not classifiable under Tariff Heading 2009. Being extracts of vegetables, they....
July 24, 2020 Case Laws GST

Attachment of Bank Account of petitioner - realisation of tax dues - case of petitioner is that due to present COVID-19 lockdown situation they are not able to Seattle......
July 24, 2020 Case Laws GST

Demand of deposit of inadmissible input tax credit and file DRC-03 challan without initiating any adjudication process - Option is available to the petitioner to opt for....
July 24, 2020 Case Laws GST

Cancellation of registration - CGST Act - non-filing of tax returns - the contents of the response from the petitioner have not been taken into consideration at all -......
July 24, 2020 Case Laws Income Tax

Validity of Reopening of assessment - validity of reasons to believe - change of opinion - whether these grounds are adequate or not for arriving at a conclusion that......
July 24, 2020 Case Laws Income Tax

Reopening of assessment u/s 147 - Underlying legal principles is that the independence of the Assessing Officer cannot be interfered or questioned. No person can advice.....
July 24, 2020 Case Laws Income Tax

Amendment made to Section 40(a)(ia) by Finance Act, 2010 - retrospective effect - Since the assessee has filed its returns on 01.08.2005 i.e., in accordance with the due....
July 24, 2020 Case Laws Income Tax

Capital gain on property - Transfer u/s 2(47) - exchange of properties between the assessee and his brother - Tribunal concluded that the artificial definition made by......

1 ....36 37 38 394041 42 43 44........ 104

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F: interest lability on ITC when payment to supplier is made after 180 days

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A: Difference between “License” and “Royalty”

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C: Guidelines to Stock Exchanges, Clearing Corporations and Depositories

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