Sunday, 4 October 2015

Reimbursement of own share of software cost which is allotted among entities isn't taxable

IT/ILT: Where US company had purchased standard off shelves software to be used by assessee, Indian company, and allocated cost of software and, accordingly, assessee had reimbursed its share of cost to U.S. company, said reimbursement was not chargeable to tax in India

Interest received before commencement of business has to be set-off against pre-operative expenses

IT : Where assessee, engaged in business of developing, operating and maintenance of power projects, received certain interest on surplus funds, that were deposited in Government securities, prior to implementation of its projects, amount so received was to be treated as capital receipt

TeleCos can avail credit of input services used for erection and installation of towers

Cenvat Credit : Prima facie, telecom service providers : (a) cannot take input or capital goods credit of credit of tower parts and shelters; however, (b) may take credit of 'Erection, Installation and Commissioning' and 'Commercial or Industrial Construction' services used for erection and installation of towers and shelters