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Archive: 16 January 2013

Posts in 16 January 2013

Services having nexus with manufacture and services for optimizing productivity and services for compliance with laws are input services

January 16, 2013 2778 Views 0 comment Print

The definition of ‘input service’, as given in Rule 2 (I) of Cenvat Credit Rules, 2004 has two parts. The main definition part during the period of dispute covered – “any service used by a provider of taxable service for providing in output service, or used by a manufacturer, whether directly or indirectly, in or in relation to the manufacture of final products and clearance of final products from the place of removal.” The inclusive portion during the period of dispute covered certain service and group of service specifically mentioned. The group of services mentioned in the inclusive portion is – “activities relating to business, such as auditing, accounting, financing,

Goods not physically bearing brand name sold from branded outlets not eligible for SSI Exemption – SC

January 16, 2013 2706 Views 0 comment Print

In case of goods sold from exclusive single brand retail outlets or restaurants or stores, the fact that a good is sold from such a store ought to be a relevant fact in construing if the good is its branded good or not. In the case of such goods, perhaps a rebuttable presumption arises in favour of such goods being branded goods of the specified store.

Infosys takeover MCA21 project from TCS

January 16, 2013 1380 Views 0 comment Print

Stakeholders – this is to inform you that Tata Consultancy Services (TCS) would be completing the tenure of the contract as the BOOT (Build Own Operate & Transfer) Operator for MCA21 on 16th January 2013. From 17th January 2013 Infosys Technologies Limited (Infosys) would be taking over as the BOOT Operator. MCA21 will continue to provide services to the satisfaction of all stake-holders.

Service tax provisions in case of Raising of Lumpsum Rent & ST Bill

January 16, 2013 3238 Views 0 comment Print

We are a practicing CA firm. We are operating from one rented premises, which belongs to Wife of one of the partner? The Partner’s wife recently raised the bill for rent of 9 months i.e. from 1st April 2012 to 31st December 2012 as one bill on 31.12.2012. No Payment towards the rent been made till 31st December 2012. Now the firm wants to take the credit of Service tax on Rent against its service tax liability for the quarter ending on 31.12.2012. Please suggest.

Taxability and Salient Features of IRFC Tax Free Bonds

January 16, 2013 29963 Views 0 comment Print

The Bonds are issued in the form of tax-free, secured, redeemable, non-convertible bonds and the interest on the Bonds will not form part of the total income as per provisions u/s. 10 (15) (iv) (h) of I.T. Act, 1961

Payment of Advance Tax / TDS cannot tantamount to disclosure of total income – SC

January 16, 2013 2103 Views 0 comment Print

In the instant case, after the search was conducted on 23rd February 2006, it was found that for the assessment year 1995-96, the respondent-assessee had not filed its return of income by the due date. It is only when block assessment proceedings were initiated by the assessing officer, that the assessee filed its return for the said assessment year on 11th July, 1996 under Section 158BC of the Act, showing its total income as Rs.7,02,768/-.

Interest earned by a Club from FD placed with member banks not exempt on ‘mutuality’ ground – SC

January 16, 2013 3521 Views 0 comment Print

In the present case, the interest accrues on the surplus deposited by the club like in the case of any other deposit made by an account holder with the bank. For a receipt to be exempt on the principles of Mutuality, three conditions have to be satisfied.

Vehicle financier eligible for depreciation on vehicle not registered it its name – SC

January 16, 2013 2786 Views 0 comment Print

Moto Vehicle Act mandates that during the period of lease, the vehicle be registered, in the certificate of registration, in the name of the lessee and, on conclusion of the lease period, the vehicle be registered in the name of lessor as owner.

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