software services

Whether Service Tax is applicable to the sale of computer software?

The Finance Act, 2008 brought some new services under the Service Tax net. One of them is Information Technology Software Service. Inclusion of a new services category — Information Technology Software Services — within the ambit of Service Tax legislation has created confusion among software firms. The levy of this new service along with other services has become effective from 16 May, 2008.
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Revision under section 263 of IT Act, 1961 is not reassessment

SUMMARY OF CASE LAW In the revision proceedings, the CIT cannot travel beyond the reasons given by him for revision in the show cause notice. CASE LAW DETAILS Decided by: ITAT, `G’ BENCH, MUMBAI,In The case of: Geometric Software Solutions Co. Ltd. v. ACIT,Appeal No.: ITA No. 3464/Mum/2008,Decided on: July 10, 2009.
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Exemptions versus deductions

A provision does not become an exemption provision merely because the marginal notes to the section or the heading of the section call it so.Tax law contains chapters dealing with incomes which do not form part of total income. There are chapters dealing with deductions and allowances. Chapter III refers to various incomes which are exempt from tax. It excludes certain types of income from the ambit of ‘total income’ as defined under the Income-Tax Act, 1961.
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