Tuesday 30 December 2014

Assessee couldn't question AO's jurisdiction before ITAT after appearing before AO and CIT(A) withou

IT : Assessee would not be allowed depreciation on leased assets where such assets were found to be not in existence


Salary paid to trustee working as full time secretary at 1% of value of activities of trust wasn't e

IT: Where remuneration paid to trustee who was rendering services as full time secretary of trust was about 1 per cent of total value of activities of trust, it could not be said to be excessive or unreasonable


Commission paid to foreign agent on export sales won't fall within the ambit of 'FTS'; not liable to

IT/ILT : Commission paid by assessee to its foreign agent on export sales would not fall within definition of 'fee for technical services' and, therefore, there was no need to deduct tax at source while making said payment


Time spent in pursuing remedy before wrong forum is excludible in determining limitation period unde

Central Excise : Time spent in pursuing remedy before wrong forum bona fide is excludible in determining period of limitation under Excise Act; hence, where, after excluding said period, appeal was filed before Commissioner (Appeals) within time, said appeal was valid


SC: Bar council can recognize any degree equivalent to graduation for purpose of admission in LLB co

Advocates Act : One can pursue law but for purpose of obtaining license to practice as an advocate, he or she must fulfil all requirements and conditions prescribed by Bar council of India


When CIT didn’t dispute classification of land as agricultural land he couldn’t impose tax on its tr

IT : Where Commissioner did not dispute classification of land as agricultural land, there was no way he could trace income of assessee to any other event other than one of transfer of agricultural land and therefore, assessee was to be exempted from captial gain tax


SEBI issues guidelines for single registration of depository participants

SEBI : Single Registration for Depository Participants


CESTAT rejects condonation plea as assessee failed to show efforts made by it to ensure filing of ap

Service Tax : Delay on account of any deliberate acts, want of bona fide, deliberate inaction or negligence on part of appellant, cannot be condoned


Even additional income offered during search and seizure is eligible for sec. 80-IB relief

IT : For claiming deduction under section 80-IB(10) open terrace area cannot be includible in calculation of built-up area


Illegal cancellation of trust’s registration by CIT didn’t warrant levy of cost on department

IT: Where Commissioner had not brought on record any material to show that activities of trust were not genuine or were not being carried out in accordance with objects of trust, cancellation of registration of trust was not proper


Sum paid to NR for support services utilized in overseas contract isn’t liable to TDS

IT/ILT : Where fees was paid to non-resident abroad for their support services which was utilized in business carried outside India, same was not liable for any deduction of tax at source


No refund to auction-purchaser alleging misdescription of flat area in notice as he didn't inspect f

SARFAESI: No refund to auction-purchaser alleging misdescription of flat area in notice as he didn't inspect flat


No service-tax leviable on value of goods mentioned separately in repair or maintenance contracts

Service Tax : Where agreement between assessee and DVVNL incorporates separately value of goods or materials from value of services rendered, service tax cannot be levied on component of goods or materials


HC rejected winding-up of respondent as it was restrained to disburse any amount during DRT proceedi

CL : Winding up petition against respondent-company would not be maintainable when it had been restrained in recovery proceeding before DRT from disbursing any amount to petitioner


Interest earned on deposit with bank for getting performance guarantee was includible in business re

IT : Where for furnishing performance guarantee assessee-company deposited certain fund as margin money in a bank, interest earned thereon could not fell in category of income from other sources, it would be income from business


HC directs AO to reconsider issue of availability of concessional rate of tax on basis of ruling of

CST & VAT : Tamil Nadu VAT - Where assessee claimed that air compressors manufactured by it were entitled to concessional rate of tax and Assessing Officer while granting concessional rate of tax denied same in respect of sale effected by assessee through its distributors, matter was remitted for fresh consideration in light of decisions of Advanced Ruling Authority dated 26-4-2014 and 10-7-2014


Non-payment of duty due to dishonour of cheques attracts evasion penalty

Central Excise : Where non/belated payment of duty arose due to dishonour of cheques and there was delay of beyond 30 days, Cenvat Credit could not be used to pay duty as per rule 8(3A) and evasion penalty under rule 25 was leviable


RBI directs banks to allow credit facilities to Indian party on pledging of shares of its step down

FEMA/ILT : Rationalization / Liberalization of Overseas Direct Investments by Indian Party


Grant of interest-free loan to trust having similar objects would be prescribed mode of investment u

IT : Advancement of interest free loan by a charitable institution to other having similar objects is not in violation of provisions of section 13(1)(d)


Exp. on maintenance of I-T system during restructuring of Co. was an allowable revenue exp.

IT : Where expenses towards IT system maintenance in respect of restructuring of a company was not having enduring benefit and as no asset was brought into existence on such expenses, said expenditure could not be capital in nature


Commission paid to NR agent for procuring orders from foreign buyers wasn't 'FTS'; not liable to TDS

IT/ILT : Where services were rendered to assessee by non-resident agent to procure orders from foreign buyers which were not managerial in nature, provisions of section 9(1)(vii) were not applicable to assessee


Services received by SEZ prior to commencement of authorized operations are also eligible for refund

Service Tax: Services received by SEZ prior to commencement of authorised operations also eligible for exemption/refund, if said service is necessary prior to actual manufacture or actual commencement of operation


Indian currency sought to be exported in excess of prescribed limit is prohibited goods; to be confi

Customs : In case a person attempts to export Indian currency in excess of limits prescribed by RBI regulations without any declaration and without any permission of RBI, such Indian currency is 'prohibited goods' and can be absolutely confiscated