It is an effort to compile all the provisions related to Works Contract under the Punjab Value Added Tax Act, 2005 beside this the provisions related to lumpsum scheme, taxability on Interstate purchases for goods used in the execution of works contract, tax deduction, Constitutional validity of provisions with its constitutional background, Importance of 46th amendment with its effects are also included in this article.
Section 54EC clearly states that the investment in specified bond is to be made “within a period of six months after the date of such transfer. The intention of the legislature is clear. It was not desired by them to give the exemption u/s 54EC even investment made before the transfer of the long term capital assets. There is no direct case law of Section 54EC for claiming of exemption even investment made before, has been brought in the knowledge of the Bench.
A Division Bench of this Court in Colourtex v. Union of India 2006 (198) ELT 169 (Guj.) has held that exact differences has to be formulated by members of the Division Bench of the Tribunal and it is not open to them to formulate a question as to whether the appeal is to be rejected or remanded for a fresh decision for determination of duty, confiscation and penalty etc. In the present case it is seen that the question formulated by the Division Bench does not specify the requirement of sub-section (5) of Section 129C of the Act. Therefore, the order passed by learned third member as well as the difference of opinion expressed, generally, by differing member without precise formulation of the point of difference of the Tribunal cannot be entertained. In the result, this appeal succeeds and is allowed. The orders of the learned third member as well as the difference of opinion formulated by the differing members of the Division Bench are set aside.
Rule 2 (1) (b) provides the qualification to be a Member. Needless to say, the same is in total accord with the Act. The first proviso to Rule 5 introduces part time Member. We have held that the said proviso, as far as it introduces the concept of part time Member, is contrary to the provision contained in the enabling Act. Section 46 of the Act nowhere envisages about the part time Members.
Since the assessee failed to establish nexus of use of borrowed funds for the purpose of business to claim deduction under section 36(1)(iii) of the Act, there is no escape from the finding that interest being paid by the assessee to the extent the amounts are diverted to sister concerns or other persons on interest free basis, are to be disallowed.
The assessee received ‘turnover charges’, stamp duty, BSE charges, SEBI fees and Demat charges contending that the same was payable to different authorities and claimed that the same is not taxable. But the revenue taxed the same on the ground that such receipt by stock broker was liable to tax. The revenue failed to bring out whether the turnover charges and other charges in dispute in these appeals received by assessee were commission or brokerage.
In our considered view, this is a very important aspect of the matter inasmuch as if the assessee has incurred a loss on its entire project, whether onshore or offshore, the mere fact that the assessee has incurred a loss on onshore activities cannot be reason enough to show, or even indicate, that the value of the onshore activities was deliberately kept at a lower amount to avoid taxability in India. Of course, it could still make commercial sense that the offshore supplies are made at loss, as long as these supplies are at less than incremental costs i.e. marginal costs of offshore supplies, and thus overall losses of the assessee are minimized.
What is competition in the market? • In common parlance, competition in the market means sellers striving independently for buyers’ patronage to maximize profit (or other business objectives). • A buyer prefers to buy a product at a price that maximizes his benefits whereas the seller prefers to sell the product at a price that maximizes his profit.
Adjudicating authority seeks to include the value of free supplied materials received by the appellant in the gross value of the services rendered by the appellant. It is seen that after inclusion of gross value, the adjudicating authority has not given the benefit of Notification No. 15/2004, dated 10/09/2004 in the form of abatement of 67%.
Government Securities: . Currently FIIs are allowed to invest US$5 billion in Government Securities that have residual maturity of over five years. It has now been modified to reduce the residual maturity to three years. 2. An additional window of US$5 billion would be available for FII investment in Government Securities subject to residual maturity of three years. 3. The above modifications would now make available to FIIs a total limit of US$10 billion subject to residual maturity of three years.
