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March 6, 2019 Case Laws Insolvency and Bankruptcy Board

Insolvency Professional Barred for 10 Years by Disciplinary Committee for Default Under Insolvency and Bankruptcy Code 2016.
March 6, 2019 Case Laws Central Excise AT

Goods Classification Must Preserve "Motor Spirit" Entry's Purpose Under Central Excise Law; Avoid Interpretations That Nullify Specific Entries.
March 6, 2019 Case Laws VAT and Sales Tax HC

Clarification: "Holding of stock" in statute refers to running stock, not turnover, affecting VAT and Sales Tax rules.
March 6, 2019 Case Laws VAT and Sales Tax HC

Assessee's Claim Rejected Under TNVAT Act Section 27(4)(1) for Being Time-Barred; No Penalty Imposed Due to No Wrongdoing.
March 6, 2019 Case Laws Indian Laws SC

Company Mislabels Wages as Allowances to Avoid Deductions for Employee Provident Fund Contributions.
March 6, 2019 Case Laws Indian Laws SC

High Court Mistake: Company Charged for Cheque Dishonor Without Demand Notice as per Section 138 Proviso.
March 6, 2019 Case Laws Income Tax HC

Court Grants Conditional Relief in 100 Crore Tax Case, Citing Natural Justice Violation Under Income Tax Act Section 220(6.
March 6, 2019 Case Laws Income Tax HC

Tribunal to Reassess Charitable Registration Eligibility u/s 12AA Following Commissioner's Dissatisfaction; ITAT to Review Case.
March 6, 2019 Case Laws Income Tax HC

Hotel Repairs and Renovations Costs Classified as Revenue Expenditure, Not Capital; No New Asset or Enduring Advantage Found.
March 6, 2019 Case Laws Income Tax AT

Section 271(1)(c) Penalty Removed: Assessee's Deduction Allowed u/s 54F, No Inaccurate Income Reporting Found.
March 6, 2019 Case Laws Income Tax AT

Section 153A: No Additions to Unabated Assessments Without Incriminating Material Found in Section 132 Search.
March 6, 2019 Case Laws Income Tax AT

TDS Not Required on Bank or Credit Card Charges for Ticket Sales u/s 194H, Court Rules in Favor of Assessee.
March 6, 2019 Case Laws Income Tax AT

Bonuses to Directors Disallowed u/s 36(1)(ii) of Income Tax Act Due to Lack of Extra Services.
March 6, 2019 Case Laws Income Tax AT

Tax Officer's Presumption u/s 292C Challenged; Court Rules Evidence Rebuttable, Deletes Undisclosed Income Addition.
March 6, 2019 Case Laws Income Tax AT

Court Upholds Approved Valuer's Report for Asset Valuation Over DVO's in Capital Gain Case.
March 6, 2019 Case Laws Income Tax AT

Assessee Proves Identity and Genuineness of Transaction; Revenue Fails to Link Undisclosed Income to Share Capital u/s 68.
March 6, 2019 Case Laws Income Tax AT

Assessment Reopening u/s 147 Needs Further Investigation for Validity; Jurisdiction Without It Is Unfounded.
March 6, 2019 Case Laws Income Tax AT

Taxation of Excess Share Premium: Section 56(2)(viib) Valuation Differences Between Preference and Equity Shares.
March 6, 2019 Case Laws Income Tax AT

Assessee's Proof of Share Applicants Shifts Burden to AO u/s 68: PAN, Bank Statements, and More Key.
March 5, 2019 Circulars Customs

Customs Act Provisions Updated for Cruise Tourism: Streamlined Procedures for Ship Entry, Passenger Processing, and Duty Exemptions.
March 5, 2019 Case Laws GST HC

Revenue to Review GST Registration Cancellation; Decision Pending on Six-Month Installment Plan for Outstanding Dues.
March 5, 2019 Case Laws GST HC

Detention order quashed due to incorrect lorry number and failure to specify contravention in the order.
March 5, 2019 Case Laws Income Tax HC

Foreign Loan Exchange Gain Classified as Core Activity for Shipping Companies Under Chapter XII-G of Income Tax Act.
March 5, 2019 Case Laws Customs HC

Licensing Authority can extend export obligations by four months with 1% penalty on unfulfilled FOB value. No penalty if met prior.
March 5, 2019 Case Laws Customs HC

Tribunal's Analysis in Smuggling Case Acknowledges Natural Justice Principles, Despite Sketchy Details.
March 5, 2019 Case Laws Customs AT

Shipping Bills Can Be Converted from Duty Drawback to DFIA if Benefits and Interest Are Repaid.
March 5, 2019 Case Laws Customs AT

Customs Commissioner Allegedly Harasses Appellant by Not Amending Bill of Entry u/s 149 of Customs Act.
March 5, 2019 Case Laws Service Tax AT

Appellant Wins Case: Allowed to Carry Forward Unused 80% CENVAT Credit for Future Use.
March 5, 2019 Case Laws Central Excise AT

Clarifying "Natural Causes" in Excise Duty Remission: Aligning Interpretation with Legislative Intent for Loss of Goods.
March 5, 2019 Case Laws Central Excise AT

Confusion Over Classification for CENVAT Credit: Capital Goods vs. Inputs Doesn't Disqualify Appellant's Claim.
March 5, 2019 Case Laws Central Excise AT

CENVAT Credit Valid for Input Services Including Market Information, Procurement, Sales Promotion, and Quality Control.
March 5, 2019 Case Laws VAT and Sales Tax HC

Appeal Authority Can't Act u/s 55(5)(iii) Once Assessee Withdraws Appeal; No Commissioner Review Request Made.
March 5, 2019 Case Laws Income Tax HC

Prior Period Expenses Deductible This Year if Payment Obligation Arose in Previous Year.
March 5, 2019 Case Laws Income Tax HC

Income Tax Act Sections 68, 69, 69A: Additions valid if funds' destination unclear; crucial in money laundering cases.
March 5, 2019 Case Laws Income Tax HC

Advance Rent, Barred by Limitation, Should Be Treated as Business Income, Not Unexplained Credit or Investment.
March 5, 2019 Case Laws Income Tax HC

Tax Department Can Reassess Six Prior Years Without Incriminating Evidence u/s 153A.
March 5, 2019 Case Laws Income Tax HC

High Court Affirms Tribunal's Decision on Section 80IA Deduction; No Error in Expenditure Allocation Method Found.
March 5, 2019 Case Laws Income Tax HC

Employer Contributions to Death Relief Fund Are Allowable Business Expenditures u/s 37 of Income Tax Act.
March 5, 2019 Case Laws Income Tax AT

Income from Technical Services in India Not Taxable Under India-UAE DTAA Without Permanent Establishment.
March 5, 2019 Case Laws Income Tax AT

Tribunal Must Follow Delhi High Court Precedent on Limitation Period Start u/s 271D of Income Tax Act.
March 5, 2019 Case Laws Income Tax AT

Penalty u/s 271(1)(c) invalid if AO's satisfaction pertains to Section 271AAA, making action null and void.
March 5, 2019 Case Laws Income Tax AT

Roaming Charges Not 'Technical Service'; No TDS Required u/s 194J, Entity Not in Default for Non-Deduction.
March 5, 2019 Case Laws Income Tax AT

CIT(A) Oversteps by Enhancing Income from New Source Not in Original Return u/s 143(3) Proceedings.
March 5, 2019 Case Laws Income Tax AT

Assessee Challenges Stamp Duty Valuation; AO Failed to Refer to DVO as Required by Section 50C(2.
March 5, 2019 Case Laws Income Tax AT

School's Book & Uniform Sales Qualify for Tax Benefits as Educational Activities u/s 10(23C)(iiiad) of Income Tax Act.
March 5, 2019 Case Laws Income Tax AT

Factors for Granting Stay in Tax Cases: Prima Facie Case, Balance of Convenience, Hardship, Payment Offer, Previous Orders.
March 5, 2019 Case Laws Income Tax AT

Section 271AAB Penalty: Applies with material evidence when additional income is disclosed during tax search operations.
March 4, 2019 Case Laws Income Tax HC

Electricity Producer Wins Case for Additional Depreciation; Court Rejects Restrictive Interpretation of Section 32(1)(iia.
March 4, 2019 Case Laws Income Tax HC

Taxpayer's Failure to Pay Under VDIS Does Not Automatically Mean Concealed Income u/s 271(1)(c.
March 4, 2019 Case Laws Income Tax AT

International Travel Expenses Not Deductible Against Income from Indian House Property.

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