ST LAWS : Section 66E(I) of the Finance Act, 1994, Read with Rule 2C of the Service Tax (Determination of Value) Rules, 2006 – Declared Services – Valuation of Services Provided in Relation to Serving of Food or Beverages by a Restaurant, Eating Joint or a Mess Having Facility of Air-Conditioning or Central Air-Heating in Any Part of Establishment- Clarification on Rate of Service Tax on Restaurant Service
Thursday 4 June 2015
No penalty even when assessee was transporting goods via route which didn't have check post as he ha
CST & VAT : Rajasthan VAT - Where Competent Authority checked a vehicle transporting goods from Jaipur to Agra and having found that vehicle was moving on road which did not have check-post imposed penalty under section 78(10A) upon driver of vehicle, since documents produced by driver were neither found to be incomplete nor forged one, imposition of penalty was not justified
Date of presentation of documents of property before registrar won’t be deemed as date of transfer u
IT : Transaction of transfer of property would relate to date when sale-deed was executed, sale consideration was paid and possession was handed over but not on date when document was presented before Registrar for registration of sale-deed
'Walt Disney' didn't abuse its dominance by requiring release of its movies in India only via Digita
Competition Act : Where informant filed complaint against OP for releasing their movies in India only through Digital Cinema Initiatives (DCI) compliant servers and projectors and DCI compliant was found to be better than non-DCI compliant format, OPs had not contravened sections 3 and 4
Prior to 27-2-2010, no ST was leviable on services provided 'by' vessels in Continental Shelf
Service Tax : As per Notification 1/2002-ST as amended by Notification 21/2009-ST, only services 'to' installations, structures and vessels in CSI/EEZI were subjected to service tax and, therefore, services provided 'by' installations, structures and vessels in CSI/EEZI could not be taxed prior to 27-2-2010
High Court confirms conviction against taxpayer due to false info shown in tax return
IT: Where upon perusal of complaint it was evident that only after getting proper sanction complaint had been lodged and magistrate concerned had also taken cognizance of same, conviction and sentence under sections 276C and 277 were to be confirmed
HC directs AO to examine identity and capacity of creditors for making additions of cash credit u/s
IT : Where during scrutiny, Assessing Officer did not apply his mind to scrutinize identity and capacity of lenders who furnished loans, matter was to be readjudicated
An assessee can't take credit of inputs used by other units having separate entity and registration
Cenvat credit : An assessee can take credit of inputs used within its factory; no credit can be taken on inputs used by other units/companies having separate entity and separate registration
A Call Center can't be compared with a Co. providing services requiring special knowledge and domain
IT/ILT : A company providing high end services, i.e., special knowledge and domain expertise, cannot be compared to a low end service provider, namely, call centre services
Order passed by AO to transfer case to new jurisdiction was invalid as it was made without an order
IT : Where in case of assessee, Assessing Officer at ward 4 Agra himself transferred jurisdiction of case to Assessing Officer at ward 5(3), New Delhi and there being no transfer order passed by Chief Commissioner or Commissioner, it was a case of violation of provisions of section 127 and, therefore, impugned assessment order passed by Assessing Officer, ward 5(3), New Delhi was to be regarded as void ab initio
No disallowance of depreciation to broker if membership card wasn't transferred in year of demutuali
IT : In year of allotment of shares in lieu of Membership Card of stock exchange, protective addition on account of claim of depreciation so long claimed by member on said membership card, was not justified; same might be done in future in year in which transfer of shares would take place
West Bengal VAT Act: Provision which levies tax on sum realised above MRP of foreign liquor wasn't u
CST & VAT: West Bengal VAT - Where State Government of West Bengal by West Bengal Taxation Laws (Amendment) Act, 2008 caused amendments in sections 2(40)(d) and 22D of West Bengal Sales Tax Act, 1994 subjecting members of West Bengal Foreign Liquor 'Off' and 'On' Shop Owners Association to pay tax on that part of sale price of quantity of foreign liquor sold by them by which such sale price exceeds maximum retail price of equal quantity of such foreign liquor, impugned amendments were not ultra
Approval granted to 100% EOU set-up under STP scheme couldn't be deemed to be an approval under sec.
IT : Though considerations which apply for granting approval under sections 10A and 10B may to an extent, overlap, yet deliberate segregation of these two benefits by statute reflects parliamentary intention that to qualify for benefit under either, specific procedure enacted for that purpose has to be followed
Suspension of CHA license was to be set aside when enquiry wasn't completed within time-limit
Excise & Customs : Where CHA's license was suspended pending enquiry and enquiry was not completed within time-limit (fixed by Commissioner as well as fixed by Circular), suspension was set aside with liberty to department to proceed with enquiry
CIT(A) has inherent power to grant stay on demand if appeal is pending before him, says ITAT
IT : Commissioner (Appeals) has inherent power to stay demand, when appeal is pending for disposal before him
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