HC dismissed winding-up plea as respondent-co. paid sizable sum and raised genuine dispute

CL : Where respondent-company had paid sizable amount of principal and had raised genuine dispute about claim of interest by petitioner, winding up petition filed by petitioner against respondent was to be dismissed

Cum-tax benefit can be granted only if assessee shows that receipts are cum-tax

Service Tax : In absence of documentary evidence to show that amount received by assessee was cum-tax, cum-tax benefit cannot be granted.

TDS default made by relying upon opinion of CA was bona fide mistake; not liable to penalty

IT: Where assessee-company made payment to a foreign company without deduction of tax at source on basis of certificate issued by Chartered Accountant, same was a bona fide mistake and hence, assessee was not liable to penalty for concealment of income

Deduction of discount is allowed from turnover only when it is shown in tax invoice

CST & VAT : Karnataka VAT - If a dealer has given discount and wants to claim deduction from total turnover to arrive at taxable turnover, condition precedent is that amount allowed as discount should be shown in tax invoice or bill of sale and then only said amount could be deducted from total turnover

ITAT allows warranty provision as historic trend depicted it as fair estimate of post-sale exp.

IT: Where from historical trend it was evident that provision for warranty made by assessee in respect of after sale services was a fair and reasonable estimate of post sales expenses to be incurred by assessee in respect of goods supplied by it, same was to be allowed

Credit of CHA service allowable even if bill is issued to Head Office which isn’t ‘Input Service Dis

Cenvat Credit : It is natural that Customs House Agent (CHA) invoice would be in name of Head Office where clearance of goods through Customs is centralized; hence, in absence of doubt as to actual receipt of services, credit cannot be denied merely because Head Office is not registered as Input Service Distributor (ISD)

Sum paid for routine managerial services isn't FTS under India-UK DTAA

IT/ILT : After the amendment of Indo-UK DTAA effective from 11 February, 1994 managerial services are not covered in the definition of FTS and even the technical or consultancy services, if they do not meet the criteria of 'make available', cannot be treated as FTS. Services generally related to human resource matters, cost control, fund management, quality and design reviews etc are routine managerial activities and cannot be classified as technical or consultancy services. Providing

Freight charges paid to truck owners for specific journeys weren't liable to TDS under sec. 194C

IT : Where assessee was awarded transport contract and for executing said contract, he paid freight charges to truck owners/drivers for specific journeys, there was no relationship of contractor and sub-contractors between assessee and truck owners/drivers and, therefore, transaction between them would not come under section 194C(2)

'Pre-construction anti-termite treatment' doesn't amount to construction services

Service Tax : 'Pre-construction anti-termite treatment' i.e., soil treatment to prevent pest/termite before foundation is made or floor is laid does not amount to 'construction services'; it may prima facie fall under cleaning services

Non-voice based BPO can't be compared with voice based BPO for purpose of TP study

IT/ILT: Where TPO made addition to assessee's ALP for rendering non-voice based BPO services to its AE, in view of fact that comparables selected by TPO were improper as one comparable was rendering voice based BPO services whereas another was rendering software development services, impugned addition was to be set aside

Tribunal must allow restoration applications for appeals which were dismissed earlier for want of CO

Excise & Customs : Since COD (Committee on Disputes) clearance system was discontinued from 17-2-2011, hence, on restoration application filed thereafter, appeals dismissed for want of COD clearances must be restored

High Court directs Co. to remove word 'Vardhaman' from its name as it was registered trade mark of r

CL : Where brand name 'Vardhaman' was already registered trade mark of respondent-company and both appellant and respondent companies were doing same business, appellant was to be directed to delete word 'Vardhaman' from its existing name