Monday, 4 May 2015

Company rendering e-business services isn’t comparable to software development service provider

IT/ILT : Where TPO made addition to assessee's ALP in respect of rendering software development services to its AE, in view of fact that one comparable selected by TPO was rendering e-business services whereas another one was developing its own software products and thus there existed functional difference, impugned addition deserved to be set aside

Cenvat credit allowed for outdoor catering service used by employees if cost thereof is borne by co.

Cenvat Credit : Rule 2(l)(C) of CENVAT Credit Rules excludes services 'primarily for personal use or consumption of any employee', i.e., 'services, cost of which is included as part of salary of employee on cost to company basis'; outdoor catering services used by all employees in general and whose cost is borne by company, is not excluded and is eligible for credit

Sub-tenants couldn’t resist eviction of main tenant under CLB’s decree as they couldn’t prove their

CL : Where there was no evidence to prove that objectors were sub-tenants of main tenant in respect of property of company-in-liquidation, objectors could not resist execution of decree passed by company Court directing eviction of main tenant

JCIT gests flak from High Court for sanctioning reassessment notice by recording satisfaction in mec

IT : Where Joint Commissioner recorded satisfaction in mechanical manner and without application of mind to accord sanction for issuing notice under section 148, reopening of assessment was invalid