The Hon’ble Delhi High Court in the case of Alcatel Lucent Canada held that the income earned from the supply of hardware equipment where the embedded software facilitates the functioning of the equipmentcannot be taxed as royalty payments for use of software because there could not be any independent use of such software.
The ITAT Bangalore in the case of ABB Inc cracking down the order of Dispute Resolution Panel held that the incomes earned by foreign company from India can be taxed in India only when the incomes are attributable to the PE of foreign company in India.
Knowledge is an eye for the blind, ears for the deaf, strength for the weak and all in all it is a boon for the mankind. It is argued that a person who is blind is weak only in one sense but the one who is uneducated is weak by all senses. For every benefit that you receive, a Tax is levied. Perhaps this seemed never so real than today in the Indian context.
The time limit stipulated under the provisions of the RTI Act is normally 30 days either for supplying information or rejecting the application, from the date of receipt of such Application under Section 6(1) of the Right to Information Act, 2005. However, when such information is under the custody of other division, department or agency, the application or the relevant part of such application has to be transferred
In the case of Larsen and Toubro Ltd, Kehems Engg Pvt Ltd Vs. CST, Delhi/ CCE & ST, Indore/ CCE/ Rajkot and CCE & ST, Indore Vs. Kehems Engineering Pvt Ltd. [2015-TIOL-527-CESTAT-DEL-LB], the Five Member Bench of the Hon’ble CESTAT, Delhi
India has laws for everything. Without laws Indians follow nothing. The Children’s School Bags Act, 2006 prescribes school bags should not weigh more than 10% of the body weight of the child. Similarly, it may be proposed, that laws should not create more problems than they aim to solve.
Rule 2(e) defines ‘point of taxation’ as the point in time when a service shall be deemed to have been provided. This will be determined as per Point of Taxation Rules 2011. The determination of point of taxation shall be crucial to determine the timing of service tax liability and the applicability of rate of service tax. The taxability will be decided by point of taxation only. The Point of Taxation rules provide for various situations to determine the point of taxation.
Phishing is a kind of fraud perpetrated on the Internet. It aims at stealing the personal information of online users such as customer ID, PIN, Credit/Debit card data, etc. by assuring certain favors in return. It’s a sophisticated con act akin to catching the fish with a dangling bait. This hi-tech fraudulence is carried out through emails and websites pretending to be genuine.
Each person has a duty of his own and for others. The one who fears the consequences of the duty shies away from it. That’s why Lord Krishna made the spiritual discourse ‘Bhagavad Gita’ when the dejected warrior Arjuna refused to fight against his kith and kin in the battlefield of Kurukshetra. The Gita became the guide for human life.
