Sponsored
    Follow Us:

Archive: 01 February 2013

Posts in 01 February 2013

CESTAT order not in compliance with HC directions can be restored to CESTAT

February 1, 2013 615 Views 0 comment Print

Since the impugned order of the CESTAT has been passed almost after six months from the date of concluding the hearing of the appeal and the Tribunal has not specifically dealt with some of the aforesaid vital issues in spite of the directions given to that effect by this Court in the earlier round of litigation, counsel for the parties state that the impugned order be set aside and the matter be restored to the file of the CESTAT for fresh adjudication in accordance with law.

Works contract/job work may not separately provide for sale of the goods but may be a composite amount for doing the work

February 1, 2013 546 Views 0 comment Print

The works contract/job work may not separately provide for sale of the goods but may be a composite amount for doing the work. Therefore, the supply value of goods has to be understood in the context of the work contract/job work contract to determine whether it included in it also the sale of goods.

CBI Arrests Central Excise Inspector for Accepting Bribe in Delhi

February 1, 2013 483 Views 0 comment Print

The Central Bureau of Investigation has today arrested an Inspector of Central Excise, Service Tax, Cochin(Kerala) for demanding & accepting a bribe of Rs.1.5 lakh from the Complainant.             A case was registered against an Inspector of Central Excise, Service Tax, C.R. Building, Cochin for demanding bribe amount of Rs.1.5 lakh from the complainant who […]

Circulars Imposing Higher Service tax Rate On CAs / Advocates & Others is Ultra Vires

February 1, 2013 7428 Views 0 comment Print

The question before us is what would be the rate of tax where (a) the service is provided by the chartered accountants prior to 01.04.2012; (b) the invoice is issued by the chartered accountants prior to 01.04.2012 but (c) the payment is received after 01.04.2012.

Govt to raise income tax exemption limit to Rs 3 lakh in revised DTC

February 1, 2013 5801 Views 0 comment Print

The government will come up with a modified Direct Taxes Code (DTC) Bill after incorporating the suggestions of the Standing Committee on Finance, which among things had suggested raising annual income tax exemption limit to Rs 3 lakh.

Assessee entitled to depreciation on toll road/bridge constructed by it under concession agreement

February 1, 2013 4493 Views 0 comment Print

With the insertion of the Explanation-I to Section 32 w.e.f. 1.4.1998 there is no doubt that where the assessee is the lessee of the building in which he carries on business which is not owned by him but in respect of which the assessee holds a lease or other right of occupancy and any capital expenditure is incurred by the assessee of any structure or doing of any work in or in relation to by way of renovation, extension or for improvement to the building, then the provisions of the Income Tax Act, will apply as if the said structure or work is a building owned by the assessee.

Vessel engaged in drilling operations is ‘qualifying ship’ u/s. 115VD & eligible for tonnage tax scheme

February 1, 2013 1893 Views 0 comment Print

In the facts of this case the vessels were consistently registered under section 407 of the Merchant Shipping Act and had a valid certificate which was produced for consideration by the appellate authority who sought remand report. It is also not disputed that the vessel is a qualifying ship for sea in terms of clause (a) of section 115VD.

Leasing Income of building which includes providing infrastructural facility for running IT Company is business income

February 1, 2013 486 Views 0 comment Print

When the company had taken lands on 90 years lease with the objects of constructing IT company with all its infrastructural facilities, the same was for the purpose of establishing and providing the amenities required to run, maintain, manage or administer computer centers for manufacturing or processing software packages and/or hardware materials and components required for computer industry, to exploit it as a business proposition. In the facts of these clauses, the order of the Tribunal is to be confirmed, thereby, holding that the lease rentals are assessable as business income only.

Roads includes within it runways at airports & Repairs of Runway Qualifies for ST Exemption

February 1, 2013 947 Views 0 comment Print

Issue for consideration before the Tribunal on merits would be whether the word roads would include within it runways at airports. Prima facie, it appears to us that runways at the airports are species of the genus road Therefore, the runways should also normally receive the same treatment as road. for service tax purpose.

Uploading of data relating to charitable entities on the Income Tax website

February 1, 2013 730 Views 0 comment Print

A module was developed on the national website www.incometaxindia.gov.in and was made available to the CCsIT (CCA) for uploading of Exempted Institution data, while many CCsIT (CCA) has already uploaded data into the module for use by the general public, some of the CCsIT (CCA) are facing difficulty in uploading their huge back log of data. In view of this a multiuser uploading facility is now allowed on the said module.

Sponsored
Search Post by Date
July 2024
M T W T F S S
1234567
891011121314
15161718192021
22232425262728
293031