Andhra Pradesh VAT : Exemption granted under old Sales Tax Law couldn't be continued under new VAT L

CST & VAT: Andhra Pradesh VAT - Where State Government of Andhra Pradesh, under a concession agreement dated 17-9-2004, had granted exemption to assessee, a works contractor, from payment of sales tax under Andhra Pradesh General Sales Tax Act, 1957 for a period of 50 years and in meantime Andhra Pradesh Value Added Tax Act, 2005 came into force from 1-4-2005, since VAT Act unlike 1957 Act did not confer any power on Government to grant exemption, assessee was statutorily obligated to deduct tax

Signature of CIT on show cause notice revealed that he had obtained satisfaction for making revision

IT : Having put his signature in approval of draft show-cause notice, Commissioner had complied with provisions contained in section 263, and, thus challenge by assessee on account of non-recording of requisite satisfaction in said notice was not sustainable

Tribunal can't dismiss restoration application by citing lack of power of review

Service Tax : Restoration application filed, under rule 20 of CESTAT (Procedure) Rules, for setting aside an ex parte order cannot be regarded as an application for review; same must be allowed if assessee's non-appearance was for sufficient cause

FDI Policy prohibits non-equity investment in real estate sector

FEMA : FDI Policy prohibits non-equity investment in real estate sector

Chit dividend paid by Chit fund Co. to its members couldn't be treated as interest; not liable to se

IT : Chit dividend paid by chit fund company to its members is not interest falling under section 2(28A) and, consequently, no deduction of TDS under section 194A is required to be made

Addition of AMP exp. couldn't be deleted because profit margin of assessee matched with that of comp

IT/ILT : Addition for AMP expenses cant be deleted only because assessee's profit margin matches those of comparables

Department had to release seized cheque as it would not impede investigation

Excise & Customs : Since return of cheques cannot be said to stifle or impede investigation, hence, department was directed to release cheques seized from assessee

HC affirms Set Com order as application was rightly admitted and there was true disclosure of additi

IT: Where at time of filing application before Settlement Commission, assessment proceedings were still pending and, moreover, disclosure of additional income appeared to be prima facie full and true, impugned order passed by Settlement Commission to proceed with application did not require any interference

Renting of tents, cutlery and furniture on occasion of marriage is deemed sales under Rajasthan VAT

CST & VAT : Rajasthan VAT - Renting out of tents, cutlery, furnitures and carpets by assessee, a tent house, would be covered by definition of sale in section 2(35)(iv)

No exclusion of comparable due to business restructuring if it doesn't affect segment comparable wit

IT/ILT : A company earning income from infrastructure management services and e-learning and digital consulting is incomparable to company providing software design and development services

'LED video display boards' are temporary structures; entitled to 100% depreciation

IT : Where pre-requisite conditions for allowance of deduction under section 80-IA(4) had been satisfied in initial year, same could not be questioned in succeeding years unless and until revenue disturbed finding for initial assessment year

Notice served at old address of assessee was void when assessee had already informed new address to

Excise & Customs : When assessee has informed of his changed address to department, service of order/notices, etc. ought to be effected at changed address; hence, sending at old address cannot be regarded as complete service so as to set time-limits in motion

Offering additional income to end a scuffle couldn't be deemed as failure to make fair disclosure be

IT : Where there was no material with department to justify a demand of further amount from assessee and a sum was offered by assessee to put a quietus to matter, order passed by Settlement Commission to grant immunity from penalty and presecution in terms of section 245H could not be interfered with

New Circular couldn't be used to demand tax for prior period if first Circular had provided exemptio

CST & VAT : Karnataka VAT : Where first clarification dated 3-6-2006 had provided that 'white oats were exempt' and subsequent clarification dated 20-1-2010 provided that 'white oats were taxable', said subsequent clarification would be effective only from 20-1-2010 and no demand can be raised prior to said date

Sum received on sale of carbon credit is capital receipt

IT: Amount received by assessee on account of clean development mechanism (Carbon credits) was capital in nature

AO couldn't treat payer as assessee-in-default without examining his submission justifying non-deduc

IT: Assessing Officer couldn't treat payer as assessee-in-default without examining his submission justifying non-deduction of tax