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Highlights / Annotations / Catch Notes For 2020

Home Highlights Year 2020

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Showing 351 to 400 of 5164 Records

1 ....4 5 6 789 10 11 12........ 104

December 8, 2020 Case Laws Income Tax

Assessment u/s 153A - Addition u/s 68 - since we have already held that statements recorded u/s 132(4) are not incriminating in nature, therefore, the addition made by......
December 8, 2020 Case Laws Income Tax

Addition u/s 68 and 69C - It is neither the AO’s case that the loan creditors are not income-tax assessee’s nor has he alleged that the documents and evidences furnished....
December 8, 2020 Case Laws Income Tax

Addition u/s. 40(a)(ia) r.w. 195 - The rendition of services for earning commission cannot be of such a nature that there is a transfer of technology, in the sense it is....
December 8, 2020 Case Laws Income Tax

Penalty u/s 271(1)(c) - As the penalty under section 271(1)(c) of the Act leviable without taking the approval from the Joint/Additional Commissioner of Income Tax,......
December 8, 2020 Case Laws Income Tax

Commission expenses paid to its holding company - Whether such payments were at arm's length or were for business expediency? - Revenue has accepted the identical......
December 8, 2020 Case Laws Companies Law

Permission to contest election for directorship without insisting on deposit - When the law requires that there should be deposit of ₹ 1 lakh to contest for......
December 8, 2020 Case Laws VAT and Sales Tax

Maintainability of appeal - appeal dismissed arising out of stay order of appellate authority - the order of the Tribunal is ex facie erroneous, inasmuch as, it refuses.....
December 7, 2020 Case Laws Income Tax

Exemption u/s 10(10D) - addition of the surrender value of the assigned keyman insurance policy - On the basis of Section 10(10D) of the Act, with its Explanation 1, the....
December 7, 2020 Case Laws Income Tax

Deduction u/s 36 or 37 - provisions for claims and compensation - A developer of a building could claim it as an expenditure in the year in which such expenditure is......
December 7, 2020 Case Laws Income Tax

Penalty u/s 271(1)(c) - The considerations for imposition of penalty under Section 271(1)(c) of the Act are however entirely different. It requires existence of mens rea....
December 7, 2020 Case Laws Income Tax

Disallowance on account of interest on the capital account - The withdrawals made by the assessee from the other partnership firms on which interest was paid by him,......
December 7, 2020 Case Laws Income Tax

Income accrued in India - interest income and commitment fees earned by DZ Bank from its Indian clients - PE in India - Once entire interest revenues earned in India in.....
December 7, 2020 Case Laws Income Tax

Disallowance of stock written off - Books of accounts of the assessee were not rejected by AO in the instant case. It is pertinent to note that no benefit has been......
December 7, 2020 Case Laws Income Tax

Deduction u/s 80IB - Whether Ld.CIT(A) can re-estimate average profit @ 38.40%? - The powers given to assessing officer under sub-section 8 of section 80IA or 80IA(10)......
December 7, 2020 Case Laws Income Tax

Capital gain on tenancy rights - transfer u/s 2(47) - Even if the assessee has not paid any amount for purchase of tenancy rights, the nature of rights would remain......
December 7, 2020 Case Laws Income Tax

Disallowance being commission paid to Directors - expenses were incurred in accordance with the provisions of Companies Act. - The commission expenses were paid by......
December 7, 2020 Case Laws Income Tax

Capital gain - Land (asset) held as stock-in-trade in the partnership firm - Considering the legal position as explained by us in the relevant provisions of subsection......
December 7, 2020 Case Laws Income Tax

Addition u/s 40A(3) - Bogus purchases - there is no evidence whatsoever available on record to show that the said purchases were actually made by the assessee from the......
December 7, 2020 Case Laws Income Tax

Penalty u/s 271AAB - Section 271AAB of the Act, contemplates imposition of a penalty pursuant to the disclosure of income in statement recorded u/s. 132(4) of the Act by....
December 7, 2020 Case Laws Income Tax

Revision u/s 263 - the notice u/s. 143(2) of the Act, was issued much prior to the assessee filing his return of income. This is not in accordance with law. Hence the......
December 7, 2020 Case Laws Customs

Non renewal /extension of the Warehouse License - Demand of customs duty - goods were moved from one warehouse to another - There are no reason for the appellant/......
December 7, 2020 Case Laws Customs

Refusal to issue Certificate of Origin to the petitioner for export of red sanders - permission to petitioner to export - The attitude of the Principal Chief Conservator....
December 7, 2020 Case Laws Customs

Refund of the Extra Duty Deposit (EDD) - Provisional Assessment not finalised - No such material has been placed before this court to justify the action of the Customs......
December 7, 2020 Case Laws Customs

Release of confiscated goods - condition of re-export imposed on the importer while redeeming the goods - the imposition of condition of re-export under Section 125 of......
December 7, 2020 Case Laws Customs

Classification of imported goods - ‘catalytic converter assembly’ which is attached with an inlet and an outlet pipe - The appellant has wilfully suppressed as well as......
December 7, 2020 Case Laws Service Tax

Benefit of SVLDRS scheme - due date of quantification of liability - The amount had been wrongly quantified for no fault of the petitioners. It was an apparent mistake......
December 5, 2020 Case Laws GST

Rate of tax - mixed supply or not - Job work activity or not - applicant does job work on the materials and design belonging to another registered person - The applicant....
December 5, 2020 Case Laws GST

Exempt service or not - conservancy service - pure services or not - The applicant performs waste disposal activities by engaging garbage lifting vehicles and other......
December 5, 2020 Case Laws Income Tax

Valid search - proceedings initiated under Section 132 - Note of satisfaction does record reasons calling for necessary authorization to carry out search and seizure......
December 5, 2020 Case Laws Income Tax

Addition u/s 40A(3) - Disallowance u/s 40(a)(ia) - payment in cash to SNBT for raw material purchases and SNBT making the said amount to the suppliers - Since both the......
December 5, 2020 Case Laws Income Tax

Penalty u/s.271D - there is no estopel against the statute and therefore, it is open to the assessee to claim before the authorities that a particular item of income is.....
December 5, 2020 Case Laws Income Tax

TDS u/s 194A - There is no quarrel on the point that the provision to section 194A are not applicable in respect of the payment in question and consequently the claim of....
December 5, 2020 Case Laws Income Tax

Exemption u/s 11 - AO in this case without looking into this issue, straightaway treated as the donation income of assessee. AO has failed to carryout necessary enquiry.....
December 5, 2020 Case Laws Income Tax

Exemption u/s 80G denied - assessee clearly demonstrated that assessee has been running the educational institution and it is not dormant and assessee being so, we......
December 5, 2020 Case Laws Income Tax

Capital gain computation - Without going into the merits of the basis of valuation so adopted by the registered valuer and subsequently by the department’s valuation......
December 5, 2020 Case Laws Income Tax

Addition of notional interest income - the Income Tax Officer (ITO) cannot decide affairs of businessman as to how the businessman should incur the expenses or earn the.....
December 5, 2020 Case Laws Income Tax

Deduction u/s.80IB(9) - Disallowance on aborted blocks - the deduction u/s 80IB(9) has to be computed after ascertaining profits and gains of eligible business in terms.....
December 5, 2020 Case Laws Income Tax

Computation of Long Term Capital Gains - There is nothing on record to substantiate the allegation of intention to avoid tax in the guise of transfer of shares.......
December 5, 2020 Case Laws Central Excise

Interest on delayed refund of pre-deposit - demand of interest from the date of deposit till its realization - Admittedly, in the case in hand, the refund claim was......
December 5, 2020 Case Laws Indian Laws

Dishonor of cheque - if the applicant has a remedy under law, then permission from the Court is not necessary. Further, the offence under Section 138 Negotiable......
December 4, 2020 Case Laws GST

Levy of tax on lotteries - Valuation - when prize paid by the distributor/agent is not contemplated to be excluded from the value of taxable supply, we are not persuaded....
December 4, 2020 Case Laws GST

Levy of tax on lotteries - we do not accept the submission of the petitioner that there is any hostile discrimination in taxing the lottery, betting and gambling and not....
December 4, 2020 Case Laws GST

Levy of tax on lotteries - the inclusion of actionable claim in definition “goods” as given in Section 2(52) of Central Goods and Services Tax Act, 2017 is not contrary.....
December 4, 2020 Case Laws Customs

Legality and validity of such seizure of goods - It is evident from the seizure memo as well as the materials as on that date i.e., 09.01.2020 that there could not have.....
December 4, 2020 Case Laws Indian Laws

Dishonor of Cheque - Admittedly, the present petitioner neither signed the cheque in question nor signed nor witnessed the Distributorship Agreement. In fact, it has not....
December 4, 2020 Case Laws Central Excise

Rejection of rebate claim - In the case in hand, it is not in dispute that the goods were exported by sea and the bills of lading are dated 03.06.2004 and 18.06.2004.......
December 4, 2020 Case Laws GST

Service of copy of order u/s 169 - Confiscation of goods alongwith vehicle - goods were not accompanied by the requisite E-way Bill-01 - s per section 169 of UPGST Act,.....
December 4, 2020 Case Laws Income Tax

Exemption u/s 10(10) - Total Sum received in excess of amount specified in Section 4(3) of the Payment of Gratuity Act. - Refund of income tax as deducted at source......
December 4, 2020 Case Laws VAT and Sales Tax

Grant of stay for full amount of tax - I am unable to understand as to why and what circumstances did the Tribunal direct the deposit of 10% of the amount after having......
December 4, 2020 Case Laws Customs

Provisional release of seized goods - The differential duty already paid is with respect to the recovered parallel invoices and the demand now raised in Exhibit P8 is......

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