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Archive: 23 April 2012

Posts in 23 April 2012

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December 4, 2024 2691 Views 0 comment Print

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November 28, 2024 5346 Views 0 comment Print

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

April 23, 2012 2022 Views 0 comment Print

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 ‘service of notice’ as mandated u/s 34 of I-T Act, 1922.

Charitable Trust – Deduct Depreciation to arrive at income for application

April 23, 2012 14091 Views 0 comment Print

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 substantial question of law. There does not appear to be any contrary view plausible on the question raised before us and at any rate no judgment taking a contrary view has been brought to our notice.

Service Tax on Specified services relating to education

April 23, 2012 2583 Views 0 comment Print

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;

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

April 23, 2012 810 Views 0 comment Print

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 charitable activities. Following are the specified charitable activities:—

Service Tax on Transmission or distribution of Electricity Service

April 23, 2012 13486 Views 0 comment Print

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?

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

April 23, 2012 5054 Views 0 comment Print

‘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 performances including cultural programs, drama, ballets or any such event or programme’.

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

April 23, 2012 2475 Views 1 comment Print

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.

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

April 23, 2012 33875 Views 2 comments Print

‘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.

Taxability of bundled services under Service Tax

April 23, 2012 52587 Views 1 comment Print

‘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 passenger by air is combined with an element of provision of catering service on board. Each service involves differential treatment as a manner of determination of value of two services for the purpose of charging service tax is different.

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

April 23, 2012 10037 Views 1 comment Print

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 other narcotic drugs and narcotics on which duties of excise are leviable under any State Act. This entry, therefore, covers manufacturing activity carried out on contract or job work basis provided duties of excise are leviable on such processes under the Central Excise Act, 1944 or any of the State Acts.

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