Govt. notifies rules for recruitment in departmental canteens

IT/INDIAN ACTS & RULES : Income-Tax Department, Non-Statutory Departmental Canteens (Group 'C' Posts) Recruitment Rules, 2015

No extended period due to issuance of subsequent notices if dept. was aware of all facts while issui

Excise & Customs : When department was aware of all facts while issuing initial three notices and said three notices had been dropped on merits subsequently, fourth notice cannot invoke extended period to raise demand

Govt. constitutes two new regional benches of CESTAT at Chandigarh and Hyderabad

EXCISE : Constitution of Cestat Bench at Chandigarh

Rajeev Kher appointed as member of Competition Appellate Tribunal

COMPETITION ACT : Section 53C, Read With Section 53F of the Competition Act, 2002 – Appellate Tribunal – Composition of - Notified Member

No additions on nursing home alleging non-disclosure of receipt from patients without support of sei

IT : Where pursuant to search proceedings, Assessing Officer made addition to assessee's income on ground that in nursing home run by assessee, treatment was given to various patients and amount received form them was not reflected in books of account, since said conclusion was not supported by seized material, impugned addition was to be set aside

TPO couldn't make addition by considering current year data if revenue had used multiple years data

IT/ILT : TPO could not make addition to assessee's ALP for rendering content related services to its AE by using only current year data at time of selection of comparables when revenue itself had adopted multiple years data in preceding years and there was no change in circumstances during assessment year in question

Income from offshore services isn't taxable if it is provided outside India without any connection w

IT/ILT : Where Japanese company executed Engineering, Procurement, Construction and Commissioning contracts in India through Indian project office, income from offshore services, though chargeable under section 9(1)(vii) was exempt under DTAA and, hence, could not be charged to tax in light of section 90(2)

Amendment in SSI notification covering arms and ammunition parts isn't retrospective

Excise & Customs : Where, after several representations, Government amended SSI-extending exemption to 'parts of Chapter 93' only from 1-10-2001, said amendment could not be regarded as retrospective

Income of business run by assessee as Karta of HUF after his father's demise can't be taxed in his i

IT : Where father of assessee got registered HUF, doing lottery business two months before his death and thereafter, assessee carried on said lottery business as karta of HUF, undisclosed income related to said business declared on search was to be assessed in hands of HUF and not in hands of assessee in his individual capacity

Environmental impact assessment related consulting didn't cover under consulting engineer's service

Service Tax: Environmental studies being: (a) Environmental Biotechnology, (b) Environmental Impact Assessment, (c) Environmental Monitoring, (d) Environmental Policy Analysis and (e) Hazardous Waste Management, being in nature of scientific consultancy, are outside scope of consulting engineer

Vehicle comprising of auto track and semi-trailer is classifiable as tractor and not as light motor

Excise & Customs: In view of Chapter Note 2 to Chapter 87 of Tariff, vehicle comprising 'Auto Track/Hauling Unit and Semi-trailer' is classifiable as 'tractor' under Heading 8701, not as 'Light Motor Vehicle' under Heading 8704

SC stayed IT proceedings as Kerala Govt. didn't take steps to amend provisions related to Court fees

IT : As section 52A of Kerala Court fees, Act specified court fee in appeal before High Court at 1% of income assessed by Assessing Officer, but in many cases such assessed income might not at all survive, State Government had to make required amendment; High Court opined that instant matter was to be stayed till information about steps taken by State Government was provided

IRDA asks intermediaries to file undertaking on compliance of 'Indian owned and controlled' requirem

INSURANCE : Guidelines on “Indian owned and controlled” for insurance intermediaries

No rectification if error relating to denial of credit on export services couldn't be discovered wit

Excise & Customs : An error, which has to be established by a long drawn process of reasoning on points where there may conceivably be two opinions does not amount to 'error apparent on face of record' and is not a rectifiable mistake

Delhi Govt. mandates full reduction of tax-credit on stock transfer of Cigarettes outside Delhi

VAT/DELHI/NOTIFICATION/INDIAN ACTS & RULES : Delhi Value Added Tax (Amendment) Rules, 2015 – Amendment in rule 7 and DVAT form 16

Independent directors can exercise ESOPs if granted prior to commencement of new ESOP norms

SEBI : Frequently Asked Questions on SEBI (Share Based Employee Benefits) Regulations, 2014

AO couldn't tax interest on accrual basis if recovery of principal amount of loan is doubtful

IT : Where assessee was in fact not receiving any interest on loan advanced and it had to write off said loan finally in subsequent year, no addition could be made on account of accrued interest just because assessee was following mercantile system of accounting

Now Commissioner can admit DVAT refund application from embassies upto 1 year of end of relevant qua

VAT/DELHI/NOTIFICATION/INDIAN ACTS & RULES : Delhi Value Added Tax (Amendment) Rules, 2015 – Amendment in rule 35

Winding-up petition admitted as co. never raised any defence until statutory notice was served by su

CL: Where respondent-company had admitted its liability to pay amount due to petitioner against supply of books and they had no defence for amount admitted and claim was not disputed contemporaneously but was disputed only when demand for payment came to be raised through statutory notice, winding up petition against respondent was to be admitted

Indirect Tax Ombudsmen to hold meetings with trade and industry associations to hear problems of tax

SERVICE TAX/CIRCULAR : Chairman, CBEC holds a meeting to strengthen institution of Indirect Tax Ombudsmen (ITOM)