"November, 2012" Archive - Page 4

Service in relation to IPL sponsorship not liable to service tax for period prior to 1-7-2010

Kingfisher Airlines Ltd. Vs Commissioner of Service Tax, Mumbai-I (CESTAT Mumbai)

As per Section 65(105)(zzzn) the activity undertaken by the applicant is a sponsorship activity but same is specifically exempt if same is undertaken in relation to sponsorship of the sports events. The above said activity came into taxable event with effect from 1.7.2010 when an exemption for sponsorship of sports event has been withdraw...

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Manpower Supply Service not include deputation of employees for onsite development of software

IDS Systems (P.) Ltd. Vs Commissioner of Central Excise, Bangalore (CESTAT Bangalore)

Activities of the appellant may not deserve to be considered as 'supply of manpower' but as rendering of 'information technology software service' and in the light of the stay granted in the case of ASM Technologies Ltd. (supra), the appellants are eligible for waiver of pre-deposit. As regards, the denial of CENVAT credit,...

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Jurisdictional AO may verify position & take such action as may be warranted in law u/s. 172(7)

Income-tax Officer (International Taxation) Vs Albatross Shipping Ltd. (ITAT RAjkot)

Admittedly, the Rajkot Bench of the Tribunal in the case of I.T.O V/s M/s CMA CGM Agencies (India) Pvt. Ltd. (supra) on identical facts relied on by the ld. counsel of the assessee, quashed the order passed u/s 172(4) of the Act with the observation that the jurisdictional AO may verify the position and take such action as may be warrant...

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ITAT set aside disallowance u/s. 14A as Assessee not provided complete details of expenses

Holcim (India) (P.) Ltd. Vs Income-tax Officer, Ward-12 (4), New Delhi (ITAT Delhi)

In the instant case, the assessee denied incurring any expenditure for earning income, which did not form part of total income during the course of assessment proceedings even when huge investments were made by the assessee in the shares for having controlling interest . In terms of the aforesaid decision of the Hon'ble jurisdictional Hi...

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Services not in the course of business of manufacturing are not entitled to input credit

Pfizer Ltd. Vs Commissioner of Central Excise, Belapur (CESTAT Mumbai)

After examining the records, I am of the view that the services in relation to Convention services, Memberships of Clubs & Association Services, Health Club & Fitness Centre Services and House Keeping services are not entitled for input service credit....

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Service Tax Rules- Mostly used in practice

RULE 4: REGISTRATION - Three categories of person liable to get themselves registered under service tax namely:-a. Service Provider of taxable services under section 69(1) b. Person responsible for making payment of service tax as specified in Rule 2 (1) (d) read with section 68. They shall also seek registration under section 69(1) of C...

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Conflict of Service Tax & Tax Deducted at Source

Conflicts are what make legislation difficult to understand and subject to multiple views. Though we are always seeking for decision from judiciary to guide us in clear manner but the same might come much later than what we expect. There exists conflict for a transaction under various legal frameworks like:...

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Penalty can’t be deleted on transaction treated as sham

Commissioner of Income Tax Delhi IV Vs Goyal M.F Gases P. Ltd (Delhi High Court)

If we take the view that a claim which is wholly untenable in law and has absolutely no foundation on which it could be made, the assessee would not be liable to imposition of penalty, even if he was not acting bonafide while making a claim of this nature, that would give a licence to unscrupulous assessees to make wholly untenable and un...

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ICAI clarifies on Nagpur land Deal

This Statement of Facts as regards Centre of Excellence (COE) project at Nagpur is being issued for the general information of members in view of the ongoing discussion in public domain. ...

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Posted Under: Service Tax |

No contravention of Rule 46A if CIT(A) sends document submitted by Assessee for Remand Report

I.T.O. Vs. M/s Bhavya Lakhani Traders & Suppliers (p) Ltd. (ITAT Delhi)

There is no cogency in the ground raised by the Revenue that Ld. Commissioner of Income Tax (A) has not duly afforded adequate opportunity to the Assessing Officer to consider the submissions and evidences filed before him at the appellate stage. The Ld. Commissioner of Income Tax (A) has duly sent the documents furnished by the assessee ...

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