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Highlights / Annotations / Catch Notes For 2020

Home Highlights Year 2020

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Showing 451 to 500 of 5164 Records

1 ....6 7 8 91011 12 13 14........ 104

November 30, 2020 Case Laws Income Tax

Assessment u/s 153A - Validity of statement recorded during search - If the statements of copies were provided to the petitioner's father before his demise, he could......
November 30, 2020 Case Laws Income Tax

Assessment u/s 153A - In the case on hand, the search was conducted on 10.08.2017 and the relevant six assessment years immediately preceding the assessment year......
November 30, 2020 Case Laws Income Tax

Nature of expenditure - Revenue expenditure u/s 37(1) or capital expenditure - royalty payment for user of technical know-how and intellectual property rights along with....
November 30, 2020 Case Laws Income Tax

Rectification u/s 254 - Addition u/s 68 - non-consideration of certain facts in Order of the Tribunal - ignoring the material already on record on the part of the......
November 30, 2020 Case Laws Income Tax

Reopening of assessment u/s 147 - Once the Assessing Officer records the reasons that he has reason to believe that income has escaped assessment, it confers......
November 30, 2020 Case Laws Income Tax

Excess rent paid to the related party - Disallowance invoking the provision of section 40A(2)(b) - Since this definition provided u/s 56(2) is only for the said clause......
November 30, 2020 Case Laws Income Tax

Addition u/s 68 - Loan taken from shell company - There is no dispute with regard to utilization of funds in the business and applied for the business purpose. As long......
November 30, 2020 Case Laws Income Tax

Levy of penalty u/s 271D - assessee had received the amounts in cash as loan from HUF - there cannot be any better reason for receipt of cash deposits than the death of.....
November 30, 2020 Case Laws Income Tax

Revision u/s 263 - Levy of tax @60% on undisclosed income - AO completed the assessment after considering the explanation offered by the assessee. In the explanation,......
November 30, 2020 Case Laws Income Tax

Correct head of income - treatment of interest income - The activity of advancing loans, in such a case, would become assessee’s business and naturally, the interest......
November 30, 2020 Case Laws Income Tax

Investment from undisclosed source, USL, interest disallowance - All the bank statements of the loan parties have been duly submitted before the AO. The revenue has not.....
November 30, 2020 Case Laws Income Tax

Deduction u/s 80IB - there is substantial force in the claim of the assessee that deduction u/s 80IB has to be allowed on the amount of profits and gains derived by him.....
November 30, 2020 Case Laws Service Tax

Business Auxiliary Services - promotion or marketing of goods produced or provided by or belonging to the client - transfer of right to use - As issue has already been......
November 30, 2020 Case Laws VAT and Sales Tax

Cancellation of Registration Certificate - legal heirs - deemed dealer on the death of dealer - When it is an admitted fact that the petitioner is a legal heir of the......
November 28, 2020 Case Laws GST

Detention of goods alongwith vehicle - Allegation of attempt to sale goods in between - Any defect, if any, in the documentation accompanying the goods for purpose of......
November 28, 2020 Case Laws GST

Confiscation of goods - proceeding simultaneously u/s 129 & 130 - except arguing that the authorities cannot invoke both the sections simultaneously, the petitioners......
November 28, 2020 Case Laws GST

Profiteering - base prices of 1383 goods had been increased by the Respondents after the rate of tax was reduced - allegation that the Respondents had not passed on the.....
November 28, 2020 Case Laws Income Tax

Adhoc Addition on account of personal use of car, on account of tour and travelling expenses and on account of telephone expenses - When undisputedly assessee has......
November 28, 2020 Case Laws Income Tax

Assessment u/s 153A - Bogus claim of LTCG - the assessee has discharged the necessary onus cast on him in terms of claim of exemption of long term capital gains u/s......
November 28, 2020 Case Laws Income Tax

TDS u/s 195 - TDS on salary as per provisions of section 40(a)(i) - payment made from India to the employees of Head Office - the assessee is not liable to deduct tax at....
November 28, 2020 Case Laws Income Tax

Validity of the assessment framed under section 158BD - In the absence of the basic documents evidencing accommodation entry being provided to the assessee, the bank......
November 28, 2020 Case Laws Income Tax

Condonation of delay in filing an appeal - eligible reasons to delay - The conduct of the assessee does not inspire the confidence and hence, we are of the considered......
November 28, 2020 Case Laws Customs

Smuggling - Gold - Foreign Currency - Baggage Rules - The statements and circumstantial evidences of the case proved that the appellant had knowingly and intentionally......
November 28, 2020 Case Laws Indian Laws

Dishonor of Cheque - acquittal of accused - Privity of Contract - The complainant has not made out a case and the presumption was rebutted by the accused in effectively.....
November 28, 2020 Case Laws Indian Laws

Dishonor of Cheque - legally recoverable debt or not - The Trial Judge ought not to have come to the conclusion that the source has not been proved and non- examination.....
November 28, 2020 Case Laws Indian Laws

Dishonor of Cheque - If the learned Magistrates are allowed to convert the complaints filed alleging an offence punishable under Section 138 of the said Act of 1881 into....
November 28, 2020 Case Laws Indian Laws

Dishonor of Cheque - The object of statutory notice is to protect an honest drawer of the cheque by providing him a chance to make the fund sufficient in his bank......
November 27, 2020 Case Laws GST

Grant of Anticipatory Bail - allegation of illegal input tax credit taken by the M/s Milk Food Ltd. - fake form created for passing fake credit by issuing Bogus invoices....
November 27, 2020 Case Laws Income Tax

Criminal complaint u/s 276-D - separate criminal complaints u/s 276-C (1) and Section 277 - Seeking clubbing of the three complaints and joint trial - the three......
November 27, 2020 Case Laws Income Tax

Expenditure incurred toward payment of voluntary retirement compensation of the employees taken over - the expenses incurred by the assessee under the scheme have been......
November 27, 2020 Case Laws Income Tax

Treatment of sales as income from unexplained source - Allegation that Assessee had created a false business with the objective of laundering its unaccounted income is......
November 27, 2020 Case Laws Income Tax

Addition u/s 68 - Unexplained cash credit - It is well settled principle that the repayment of cash credit would not prove the genuineness of cash credit. It is the......
November 27, 2020 Case Laws Income Tax

In the absence of any evidence to show either that the sales were sham transactions or that the market prices were in fact paid by the purchasers, the mere fact that the....
November 27, 2020 Case Laws Income Tax

No notice u/s 143(2) issued - Assessment in the remand proceedings - During the assessment proceedings (second round) under section 143(3) r.w.s. 254 of the Act, the......
November 27, 2020 Case Laws Income Tax

Entitlement to cost of improvement and consequent indexed cost of improvement - The assessee’s wife who was holding 50% title on the said land, has not been allowed cost....
November 27, 2020 Case Laws Income Tax

TDS u/s 194C - determination of milling cost paid by the assessee - payments which were made in kind - the property in the by-product was not passed on by the assessee /....
November 27, 2020 Case Laws Income Tax

Revision u/s 263 - The vague and illogical show cause notice, the incorrect interpretation of documents by the Ld. Pr. CIT all show the arbitrary manner in which this......
November 27, 2020 Case Laws Income Tax

Addition on the basis of statement of son as recorded u/s 132(4) - documents as found and seized in search - There is force in the contention of the assessee that......
November 27, 2020 Case Laws Income Tax

Taxability of long term capital gain arising on sale of depreciable asset at 20% instead of 30% - assessee has not made such claim either in the original return of......
November 27, 2020 Case Laws Insolvency and Bankruptcy

Jurisdiction of the NCLT to hear applications under Section 43 after the approval of the Resolution Plan - The fact that the new management can take a decision in......
November 27, 2020 Case Laws Insolvency and Bankruptcy

Approval of Resolution plan - It is settled position in Law that provisions in a Statute would operate prospectively unless the retrospective operation is expressly......
November 27, 2020 Case Laws Insolvency and Bankruptcy

Inclusion of name of applicant in the CoC - related party or not - the Applicant is stepping into the shoes of the Assignor and thereby takes over the right of the......
November 27, 2020 Case Laws Service Tax

Rejection of Declaration under the Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 (SVLDRS) - In a situation where Designated Committee grants hearing to a......
November 27, 2020 Case Laws Central Excise

Validity of delayed adjudication of SCN - Inordinate delay of 13 years in adjudication of SCN - We fail to understand when the respondents could wait for 13 long years......
November 27, 2020 Case Laws Central Excise

Interest on refund - the amount paid as supervision charges - the earlier payment of the supervision charges has been made by a mistaken notion of law - the department......
November 27, 2020 Case Laws Indian Laws

Dishonor of Cheque - Vicarious liability of Director - The primary liability in a cheque bounce case where cheque has been issued on behalf of the company is upon the......
November 26, 2020 Case Laws GST

Release of detained goods alongwith vehicle - expired E-way bill - If the shipment could be cleared only just before or after the period of expiry of the e-way bill,......
November 26, 2020 Case Laws GST

Grant of Bail - GST evasion - In the instant case, the investigation is at a nascent stage and granting bail to accused at this stage would certainly undermine the......
November 26, 2020 Case Laws Income Tax

Addition u/s 68 / 69C - unverified/non-existent /bogus sundry creditors - Assessee also cannot get scot free by not producing the sundry creditors and making purchases......
November 26, 2020 Case Laws Income Tax

Reopening of assessment - legality of issuance of notice u/s. 148 - Merely on a study by Investigation Wing ,as in this case explaining the general modus operandi......

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