"23 April 2012" Archive

S.148 Notice – Whether Revenue required to verify change in address of assessee

I M Construction Pvt Ltd Vs Commissioner of Income Tax (Delhi High court)

Whether when notice u/s 148 is issued, Revenue is not required to verify the change in address of the assessee - Whether when assessee is aware of the fact that a notice has been issued but wrongly dispatched to his old address, the same is to be treated as deemed served - Whether the requirement u/s 149 is to 'issue notice' and not 'serv...

Charitable Trust – Deduct Depreciation to arrive at income for application

Director of Income Tax Vs Vishwa Jagriti Mission (Delhi High Court)

Whether the income of the assessee being a Trust can be computed on commercial principles and while doing so whether depreciation on fixed assets can be allowed. On this issue, there seems to be a consensus of judicial thinking, having regard to the consensus of judicial opinion, we are not inclined to admit the appeal and frame any subst...

Service Tax on Specified services relating to education

Specified services relating to education - The following services relating to education are specified in the negative list - • pre-school education and education up to higher secondary school or equivalent • education as a part of a prescribed curriculum for obtaining a qualification recognized by law for the time being in force;...

Posted Under: Income Tax |

Service Tax liability of registered charity on their activities & covered activities

Charity Services -Services by an entity registered under section 12AA of the Income tax Act, 1961 (43 of 1961) by way of charitable activities; You are doing charitable activities if you are registered with income tax authorities for this purpose under section 12AA the Income-tax Act, 1961 and carry out one or more of the specified chari...

Posted Under: Income Tax |

Service Tax on Transmission or distribution of Electricity Service

If charges are collected by a developer or a housing society for distribution of electricity within a residential complex then are such services covered under Negative List?...

Posted Under: Income Tax |

Service Tax on Entry to Entertainment Events and Access to Amusement Facilities

‘Entertainment events’ has been defined in section 65B of the Act ‘as an event or a performance which is intended to provide recreation, pastime, fun or enjoyment, such as exhibition of cinematographic films, circus, concerts, sporting events, fairs, pageants, award functions, dance performances, musical performances, theatrical per...

Posted Under: Income Tax |

No Service Tax on Access to a road or a bridge on payment of toll charges

Is access to national highways or state highways also covered in Negative list? Yes. National highways or state highways are also roads and hence covered in this entry....

Posted Under: Income Tax |

No Service tax on Selling of space or time slots for advertisements other than advertisements broadcast by radio or television

‘Advertisement’ has been defined in section 65B of the Act as form of presentation for promotion of, or bringing awareness about, any event, idea, immovable property, person, service, goods or actionable claim through newspaper, television, radio or any other means but does not include any presentation made in person....

Posted Under: Income Tax |

Taxability of bundled services under Service Tax

‘Bundled service’ means a bundle of provision of various services wherein an element of provision of one service is combined with an element or elements of provision of any other service or services. An example of ‘bundled service’ would be air transport services provided by airlines wherein an element of transportation of passeng...

Posted Under: Income Tax | ,

Service Tax on Any process amounting to manufacture or production of goods

The phrase ‘processes amounting to manufacture or production of goods’ has been defined in section 65B of the Act as a process on which duties of excise are leviable under section 3 of the Central Excise Act, 1944 (1 of 1944) or any process amounting to manufacture of alcoholic liquors for human consumption, opium, Indian hemp and oth...

Posted Under: Income Tax |

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