Sunday, 19 July 2015

EOUs can purchase both 'duty free inputs' and 'duty paid inputs alongwith credit facility

Cenvat Credit : Export oriented undertaking (EOU) can procure some or all inputs duty free under CT-3 and some or all inputs on payment of duty; and if any inputs are procured on payment of duty, EOU can take credit of duty so paid

Chit fund dividend paid to customers couldn't be treated as interest; not liable to sec. 194A TDS

IT: 'Chit dividend paid by chit fund company to its customers would not amount to interest as defined under section 2(28A) and, consequently, no deduction of TDS under section 194A was required to be made'

A person buying raw-material by himself isn't a job-worker even if he manufactures goods for others

Cenvat credit : To be a 'job-worker', person should receive materials from principal manufacturer and undertake work on those materials; hence, vendor/supplier of raw materials cannot be regarded as 'job-worker', as assessee does not supply any raw materials and vendor procures raw materials himself

'Sony Ericsson' abused its dominance by imposing unfair royalty on usage of 'SEP' patents for smart

Competition Act : Ericsson holding Standard Essential Patents for mobile communications like 2G, 3G and 4G patents used for smart phones, tablets, etc., was prima facie abusing its dominant position in relevant market by imposing excessive and unfair royalty rates

Survey can be conducted at factory premises to obtain info. with regard to TDS proceedings

IT/ILT : Survey conducted at Nokia India's factory premises for obtaining information in regard to TDS on software downloads was legally valid, statements recorded during survey had been provided to assessee during proceedings before Assessing Officer hence, plea of cross examination of statements was not sustainable

An adjustment could only be made in PLI of comparable and not of assessee while determining ALP unde

IT/ILT : If assessee shows presence of some specific expenses confined to initial phase which are absent in regular phase of business, adjustment, if any, can be made in profit margin of its comparables and not in profit margin of assessee