Service Tax: Where assessee has already collected Service tax from its client, then, at time of payment of same to Government, assessee cannot raise argument of non-taxability or financial hardship or ignorance in paying such 'collected taxes' to Government
Monday, 25 January 2016
General provisions of the Act couldn't be applied once TP provisions applied to an international tra
IT/ILT : Once a transaction is undisputedly subject matter of Chapter X of Act, then other general provisions of Act cannot be applied simultaneously
Govt. enhances list of transactions to be filed with Central Registry under SARFAESI Act
SARFAESI/INDIAN ACTS & RULES : Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (Central Registry) Amendment Rules, 2016 – Amendment in Rules 4, 5 and 7
Time-limit to file refund claim won't apply on refund of service-tax which was deposited mistakenly
Service Tax : Double payment of service tax is a mere deposit and does not amount to payment of 'tax'; hence, time-limit of section 11B and principle of unjust enrichment would not apply to refund thereof
CBDT notifies procedure for appointment of Chairman and Vice-Chairman of AAR
IT/ILT/INDIAN ACTS & RULES : Authority for Advance Rlings (Procedure for Appointment as Chairman and Vice Chairman) Rules, 2016
Subscribers opting for 'Atal Pension Yojna' before March 31, 2016 are entitled to receive Govt's con
IT : Atal Pension Yojana (APY) – Amendment In Notification F.No.16/1/2015-Pr- Atal Pension Yojana, Dated 16-10-2015
MCA springs surprise; allows companies to choose vague names, eases incorporation rules
COMPANIES ACT, 2013/INDIAN ACTS & RULES : Companies (Incorporation) Amendment Rules, 2016 – Amendment in Rules 8 & 36 and Substitution of Rule 9 & Form INC-1
Govt. notifies rules for appointment of President of CESTAT
EXCISE/SERVICE TAX/INDIAN ACTS & RU : Customs, Excise & Service Tax Appellate Tribunal (Procedure for Appointment as President) Rules, 2016
Cases of earlier years couldn't be kept pending for purpose of consolidation with cases having simil
IT: Cases of earlier years couldn't be kept pending for purpose of consolidation with cases having similar issues
HC can transfer suit for infringement of Trademark to other convenient place of jurisdiction
Trade Marks Act: If court where suit is instituted, in spite of having territorial jurisdiction finds that suit can be tried more conveniently at other place which also has territorial jurisdiction, appropriate High Court is entitled to transfer suit to other convenient place
CESTAT and HC couldn't admit an appeal where it was filed before CCE(A) beyond condonable period
Service Tax : Appellate authorities and High Court have no power to admit an appeal where it is filed beyond condonable period of Commissioner (Appeals)
Details given to police about lavish wedding of daughter couldn't be used by AO to reopen a case
IT : A statement recorded by Police Officer under section 161 of Code of Criminal Procedure, 1973, is neither given 'on oath' nor it is tested by cross examination and, therefore, such a statement cannot be treated as substantive evidence to reopen assessment proceedings
Royalty paid to director for using technology devised by him is deductible
IT : Royalty paid by assessee-company to its director in his individual capacity for using technology devised by said director, would be deductible under section 37(1)
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