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Training and computer reservation service cannot be treated as FTS

July 10, 2022 924 Views 0 comment Print

Asst. CIT Vs Renaissance Services BV (ITAT Mumbai) Held that the receipts of the assessee from training services and computer reservation services including reimbursements shall not be chargeable to tax both under the Act as well as under the Treaty. Facts- The assessee is a company incorporated in the Netherlands and is tax resident of […]

Co-operative society eligible for section 80P(2)(a)(i) deduction

July 10, 2022 5046 Views 0 comment Print

Assessee, being co-operative society, is out of the provisions of section 80P(4) and eligible for deduction under section 80P(2)(a)(i)

Allocation of expenditure incurred by one unit to another without adequate base is unjustified

July 9, 2022 954 Views 0 comment Print

The expenditure incurred on Dombivali unit cannot be allocated to only EOU Toluja unit without any basis or sufficient material available on record.

Deduction u/s 80IB(10) includes commercial establishments/ shops also

July 9, 2022 594 Views 0 comment Print

The only issue remains for adjudication is whether the assessee is entitled to claim deduction u/s. 80IB(10) of the Act in respect of housing project undertaken and constructed by it despite the fact that nominal part is commercial area.

Duty demand by treating buyer’s premises as place of removal is unsustainable

July 9, 2022 366 Views 0 comment Print

Held that buyer’s premises cannot, in law, be a place of removal under Section 4. Demand duty thereon is unsustainable in law

Provision amount based on materiality concept can’t be treated as unascertained liability

July 9, 2022 1314 Views 0 comment Print

Held that based on materiality concept, the amount of provision made, can’t be termed as unascertained liability, as the % for which provision is being made had been derived based on technical study, past experience of the company and the industrial standards.

Recovery more than pre-deposit, based on order never served on petitioner, is illegal

July 9, 2022 984 Views 0 comment Print

Recovery of demand more than statutory pre-deposit amount, on the basis of adjudication order, which was never served on the petitioner is declared as arbitrary and illegal

Section 2(22)(e) doesn’t apply to unregistered shareholder

July 9, 2022 534 Views 0 comment Print

Provisions of section 2(22)(e) of the Act are not applicable as the assessee was not a registered shareholder of the company

Reassessment u/s 148, in absence of notice u/s 143(2), unjustified

July 9, 2022 5532 Views 0 comment Print

Search was initiated against the assessee. However, notice was not issued u/s 143(2). AO reopened the matter and issued notice u/s 148. Held, reassessment of proceedings u/s 148, without issuance of notice u/s 143(2), is unsustainable in law

Cenvat credit eligible on warranty service via third party on FOC basis

July 9, 2022 399 Views 0 comment Print

CENVAT credit is available on the amount of service tax paid for the services provided by the dealers to the customers on behalf of the appellant for fulfilling the warranty obligations of the appellant.

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