Sunday 20 July 2014

Laying of pipelines or conduit for inter-connection of storm water drainage pipeline isn’t liable to

Service Tax : Laying of pipelines or conduit for inter-connection of storm water drainage pipeline for Municipal Corporation or Urban Development Authority is not liable to service tax under Works Contract Services/Construction Services


Transfer of ownership rights via agreement to sell held as ‘transfer’, even if possession wasn’t giv

IT : Where assessees being, owners of a property entered into agreement to sell whereby they transferred their right of ownership in favour of purchasers who on basis of said agreement, resold a part of property and further carried out certain development work, transaction in question was to be regarded as transfer of capital asset within meaning of section 2(47)(v)


Credit of Basic Excise Duty can be utilized for payment of National Calamity Contingent Duty

Cenvat Credit : Merely because CENVAT credit in respect of NCCD can be utilized only for payment of NCCD, it does not follow that any other credit of duty cannot be utilized for payment of NCCD; hence, CENVAT credit of basic excise duty cannot be utilized for payment of NCCD on final product


Provisions of both SICA and SARFAESI Act need to be complied with for abatement of reference to BIFR

CL: For abatement of reference of sick company to BIFR satisfaction by secured creditor of condition under section 13(9) of SARFAESI Act, 2002 cannot automatically be taken as satisfaction of condition prescribed in 3rd proviso to section 15(1) of SICA as both conditions prescribe different threshold


AO’s referral to TPO doesn’t take away his powers of determining nature of exp. under sec. 37(1)

IT/ILT : Jurisdiction of Assessing Officer under section 37(1) and TPO under section 92CA is distinct and, therefore, a referral made by Assessing Officer to TPO for limited purpose of determining ALP does not take away power of Assessing Officer to determine as to whether payment made by assessee to its AE for services rendered was basically an expenditure incurred for purpose of business so as to allow same under section 37(1)