Sunday, 28 December 2014

TDS doesn't contemplate taxation of whole income in particular year in which tax was deducted

IT : Where Assessing Officer did not do proper investigation and did not call for details of bank accounts of suppliers to verify purchases by assessee, addition was not be made on account of bogus purchases


Redemption fine had to be refunded if assessee didn't take redemption of goods

Excise & Customs : Where assessee paid redemption fine to seek release of goods but could not pay duty because of which goods are not released to him, department must refund redemption fine back to assessee


Case remanded to decide applicability of sec. 194C as assessee didn't prove that workers were paid i

IT : Where assessee did not produce evidence to prove that payment to group leader of workforce for executing works was not in a capacity of employer and contractor, matter was to be remanded back to decide applicability of section 194C


No sales tax on lease rentals when transfer of right to use machines took place outside the State

CST & VAT: U.P. T.T. - Whether assessee at its office located in Kanpur entered into an agreement with one 'M' for transfer of right to use certain machines and it imported said machines from Ahmedabad and leased out same to 'M' on lease rent, assessee was entitled to exemption from tax on lease rent under provisions of section 3F(2)(a)(i)


Co. showing high fluctuation in profit margins couldn't be chosen as comparable for TP study

IT/ILT: Where a company reflected high margins in certain years and very low in other years, being functionally not comparable, margins of said companies could not be applied as comparables while benchmarking international transactions of assessee in IT segments


No benefit of cum-duty tax as amount collected was for various components of service; SC upheld Trib

Service Tax : Activity of receiving goods, warehousing them, receiving dispatch orders, arranging dispatch, maintaining records of incoming shipments and deliveries, etc. amounts to Clearing and Forwarding Agents Services even if : (a) warehouse, (b) computers and software; and (c) transports are provided/ arranged by client.


Requirement of amending articles pursuant to sec. 43A in case of hybrid cos pursuant to 2000 Amdt. a

CL: Requirement of amending Articles of Association pursuant to Companies (Amendment) Act, 2000 insofar as hybrid companies, i.e., deemed public companies are concerned, is only optional on part of shareholders