CST & VAT: Where assessee was engaged in business of manufacturing industrial camera, which was used by printers as one of printing machine, such camera would fall under Entry No. 75 of Part A of Schedule II to Gujarat Sale Tax Act, 1969
Wednesday, 29 October 2014
Mere non-mentioning of block period in block assessment notice won't vitiate proceedings under sec.
IT : Non-mentioning of block period in notice issued under section 158BC would not invalidate notice nor would vitiate proceedings as one without jurisdiction
Prior to 18-4-2006, services received in India from outside India wasn't taxable under reverse charg
Service Tax : Services provided from outside India and received in India are taxable only from 18-4-2006 after introduction of section 66A; they cannot be taxed under reverse charge for period prior thereto
Sec. 80-IA relief given on owning of/maintenance of Container Freight Station as it was an infrastr
IT: Assessee could claim deduction under section 80-IA even in absence of any specific agreement with government if it had complied with all terms and conditions
Selection Committee of Competition Appellate Tribunal to recommend names for vacancy in order of mer
COMPETITION ACT : Competition Appellate Tribunal (Term of The Selection Committee and The Manner of Selection of Panel of Names) Amendment Rules, 2014 – Substitution of Rule 5
No denial of working capital adjustment on ground that capital deployed by comparables wasn't ascert
IT/ILT : Where TPO made adjustment to assessee's ALP in respect of rendering software development services to its AE, in view of fact that some of comparables were inappropriate on account of functional difference, merger etc., impugned adjustment was to be set aside
Construction of river reservoir amounts to Commercial or Industrial Construction Services
Service Tax : Construction of river reservoir and raising heights thereof does not amount to 'Site Formation and Clearance, Excavation and Earthmoving and Demolition Services'; it is Commercial or Industrial Construction Services and is not eligible for abatement, as land and electricity was provided free to assessee
Applicant's claim on property of liquidating-Co. was time-barred as it failed to execute conveyance
CL : Where applicant did not take any steps for execution of conveyance deed for 3 years in respect of property of company in liquidation, applicant's claim was barred by limitation
SEZ developer got sec. 80-IAB relief on sale of bare shell structure of building to co-developer
IT : If a developer of SEZ develop and transfer a bare shell structure of building to a co-developer, such an activity would be an authorized activity under SEZ Act eligible for deduction under section 80-IAB
Notice for sale of land was valid as transferor failed to prove that transfer wasn’t made to defraud
CST & VAT : Where Assessing Officer in order to recover arrears of tax due from one 'B' had attached his land and thereafter 'B' had sold said land to assessee, since 'B' had not discharged initial onus showing that transfer of land was not with intention to defraud revenue, action of Assessing Officer putting charged land to sale could not be faulted
Non-recording of huge quantity of finished goods in SLA attracts penalty and confiscation
Excise & Customs : In case of non-accountal of huge quantities of only few varieties of finished products, for which no sufficient explanation is furnished, department may impose confiscation and penalty under rule 25 of Central Excise Rules, 2002
HC treats exp. on issuance of bonds as revenue in nature as they were issued for carrying out financ
IT : Lease equalisation charges cannot be reduced while calculating profits
Defects in memorandum of appeal were rectifiable if appeal was solely rejected due to defects and no
CST & VAT : Where Appellate Authority rejected appeal of assessee on account of defects in memorandum of appeal and not on merits, assessee was permitted to rectify defects in memorandum of appeal
Market development allowance received by co-operative society was eligible for sec. 80P relief, says
IT : Grant received by assessee-society from Government as market development allowance is business income eligible for deduction under section 80P
Capital loss on sale of industrial unit couldn’t be set off from profits of sale of separate busines
IT: Where polymer manufacturing unit at Vizag and industrial land in Gujarat were separate properties, loss suffered in one transaction could not be set off against profit made in another transaction
Delay due to wrong advice of authorized representative couldn’t be condoned without filing his affid
Excise & Customs : Where delay is claimed to have been incurred on account of wrong advice of authorised representative, who was ex-employee of Department, said delay cannot be condoned without supporting affidavit of such representative
HC directed Liquidator to pay off interest on claims of ex-employees of liquidating-Co.
CL: Where applicant sought for payment of interest on claims of ex-employees of company-in-liquidation, Official Liquidator was directed to declare rate of interest and pay same
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