E-biz launches composite application form for PAN, TAN, DIN and incorporation of company

CORPORATE LAWS : Joined up Service NA-DIN-COI-PAN-TAN-ESIC-EPFO

Time limit to file refund claim doesn’t apply to rebate claim arising out of export

Excise & Customs : Since notification issued under rule 18 of the Central Excise Rules, 2002 does not provide any period of limitation for a claim for rebate, rebate claim cannot be dismissed as time-barred applying provisions of section 11B of Central Excise Act, 1944

TP: Assessment order set aside as AO made final assessment without forwarding copy of draft assessme

IT/ILT : Where assessment was restored back by Tribunal to stage of passing of draft assessment order and fresh assessment order was passed without forwarding draft order to assessee within time-limit prescribed under section 153(2A), mandate of section 144C was not fulfilled and, accordingly, assessment order was unenforceable

No service-tax on entrance fee collected by club which doesn't confer any access to services

Service Tax : Where collection of entrance fee by club from its members : (a) did not confer members any access to services, facilities or advantages; and (b) was to meet expenses necessary for sustenance and survival of club and maintenance of its assets, then, entrance fee, not being a consideration, was not chargeable to service tax

ITAT direct to examine whether AO was in possession of original return when reassessment notice was

IT : Where assessee raised plea that date on which notice for reassessment was issued to assessee under section 148, Assessing Officer was not in possession of original return since said issue went to root of matter, issue was to be remanded back for re-adjudication

Final duty can't be extended to a period when provisional anti-dumping duty isn't in force

Customs : Where: (a) provisional anti-dumping was levied on 2-5-2002 and same became ineffective on completion of 6 months on 1-11-2002, and (b) final anti-dumping was levied only on 1-5-2003, then, no anti-dumping duty could be levied during gap period, viz., 2-11-2002 to 30-4-2003

Block assessment can't be framed on basis of material collected during survey

IT: Where material was collected by Assessing Officer during course of survey, and not during search proceedings, Tribunal was justified in setting aside assessment made under section 158BC

For sec. 54 relief, actual sales consideration shall be considered and not stamp duty value under se

IT: Where sale consideration of a house was utilised by assessee for purchase of a new residential house before due date of filing of return under section 139(4), same would be eligible for exemption under section 54

Sale of barren land within short duration couldn't deemed as sale of agricultural land; held as busi

IT : Where assessee having purchased agricultural land, converted same into barren land and thereupon sold it within short period of purchase, said activity was to be regarded as adventure in nature of trade and, consequently, profit earned on sale of land was to be taxed as business income

Time period to file revised declaration of property by public servants extended by 6 months

CL/INDIAN ACTS & RULES : Public Servants (Furnishing Of Information And Annual Return Of Assets And Liabilities And The Limits For Exemption Of Assets In Filing Returns) Third Amendment Rules, 2015 – Amendment In Rule 3

Rent not to be held as benefit/perquisite just because spouse had substantial interest in lessee-Co.

IT : When assessee had let out property to the company (JISL) in which her husband and their relatives were holding substantial interest, it means that rent has been derived as a quid-proquofor letting out the property, thus, such receipt of rent could not be characterized as benefit or perquisite under Section 2(24)(iv)

AO couldn't doubt genuineness of share transaction merely on basis of statement of third party

IT: Where no incriminating material was found during search which could indicate that long-term capital gains arising out of sale of shares was bogus and assessment was completed without considerating details of purchase of shares produced by assessee, assessment was void

Due date for e-filing of returns for e-commerce dealers of Delhi further extended by one month

VAT : Section 27 of the Delhi Value Added Tax Act, 2004 - Power to Require Other Returns – Extension of Last Date for Filing of Online Returns for First and Second Quarters of Year 2015-16, in Forms EC-II and EC-III

Act of removal of a shareholder without consideration to take over control of co. is oppressive

CL: Act of respondent shareholder and director of R1 company, putting petitioner i.e shareholder having 50 per cent interest in R1 company, to believe that he could get consideration to exit from company by entering into business separation agreement and conciously keeping him away from business of company and taking control of entire company, amounted to oppressive acts against petitioner

Supreme Court has power to reduce interest on delayed payment even below rate fixed under bond

Excise & Customs : Mere because, as per bond, assessee had agreed to pay interest at 24 per cent per annum, that would not take away right of Supreme Court to reduce rate of interest if ends of justice so warrant; hence, on facts, rate was reduced to 9 per cent

Dealers of SIM cards can't take credit of service tax paid by telecom companies

Cenvat Credit : Dealers of SIM Cards/Recharge vouchers cannot be regarded as 'recipients of telecom services' provided by telecom companies; hence, said dealers cannot take input service credit of service tax paid by telecom companies

Fee paid for global market survey to determine business prospects in India isn't 'FTS' under India-U

IT/ILT: Where assessee, an Indian company, had merely availed services of U.K. Company for global market survey to determine business prospects to carry out project in India, since these services were neither geared to nor did they 'make available' any technical knowledge, skill or experience to assessee or consisted of development and transfer of a technical man or technical design to assessee, article 13 of DTAA between India and U.K. could not apply

In an appeal filed by assessee Tribunal can't enhance rate of duty determined by Commissioner(A)

Service Tax/Excise/Customs : In absence of revenue's appeal, Tribunal cannot enhance duty/rate thereof in assessee's own appeal; assessee cannot be worse off by reason of filing an appeal

Cars donated by 'Hyundai' to Police Dept. is CSR exp; disallowable under sec. 37(1)

IT : Expenditure incurred by car-manufacturer on gifts of cars to State police department was held not an eligible expenditure under section 37(1) as it was found not incidental to carrying on business and there was no commercial expediency in incurring this expenditure

Chief CIT rightly ordered forfeiture of bidding amount on failure of petitioner to pay entire amount

IT: Where petitioner did not pay entire bid amount within stipulated time as per terms and conditions on which bids were invited by income-tax department for subject property, decision of Chief Commissioner for forfeiting amount already paid by petitioner was justified

Deemed credit is allowed even if assessee doesn't pay duty at time of purchase

Central Excise : In case of deemed credit, there is no obligation on part of assessee to pay duty at time of purchase; hence, deemed credit at deemed rates is allowed even if no duty was actually paid by assessee at time of purchase