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Archive: 2013

Posts in 2013

‘Pooja expenses’ in temple located inside factory premises is for business purpose & allowable

January 16, 2013 6493 Views 0 comment Print

Expenses were incurred on the maintenance and puja of the colony temple at Dalmiapuram, Salem and the Hospet works. It appears from para 6.1 of the order of the CIT (Appeals) that he visited the factory at Dalmiapuram to verify the fact that the temple was located inside the factory of the assessee company. He found that it was a small village where the factory was located and predominantly the local people were employed,

Phone Numbers of DIN Cell; and Help Desk w.e.f. 17.01.2013

January 16, 2013 1317 Views 0 comment Print

PHONE NUMBERS OF DIN CELL AND HELP DESK  Stakeholders are hereby informed  that operator for MCA21 project is changing w.e.f. 17.01.2013 from M/s. TCS Ltd to M/s. Infosys Ltd. Due to this the new contact numbers for DIN Cell and Help desk will be :

ITAT asked AO to determine if payment for software service is FTS or Royalty

January 16, 2013 3105 Views 0 comment Print

From a perusal of the order of assessment, we find that all the submissions of the assessee before the Assessing Officer and his findings thereon are only in respect of whether the payment made by the assessee to the consultant M/s. IBM Corporation, USA was or was not taxable in India as royalty under Article 12(3) of the India-USA, DTAA or as Fees for included services under Article 12(4) of the India-USA, DTAA.

Delay in passing of review order by CCE cannot be condoned

January 16, 2013 1348 Views 0 comment Print

Apex Court in in the case of M.M. Rubber Co. (supra) of held that power under section 35E is a power of superintendence conferred on a superior authority to ensure that the subordinate officers exercise their powers under the Act correctly and properly and when a time limit is prescribed for exercise of this power,

Order passed cannot be recalled of reviewed on plea that advocate engaged by liquidator was lacking an authority to represent

January 16, 2013 789 Views 0 comment Print

In our view, we do not find any substance for the alleged ulterior motive or collusion by Mr. Desai with the OL, since no material is produced to show that any undue benefits was to be derived by the OL. Be it noted that the appeal is not preferred by the OL, but is preferred by the applicant herein in capacity as Party-in-person against the order of the learned Company Judge.

S. 148 Notice to every partner in the case of a firm is not necessary

January 16, 2013 4015 Views 0 comment Print

A notice in the case of a firm need not necessarily be issued to each and every one of its partners – Y. Narayana Chetty v. ITO [1959] 35 ITR 388 (SC).

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

January 16, 2013 2967 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 3066 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 1938 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 3730 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.

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