No service tax applicable to salary paid to employees under the secondment agreement as persons seconded to assessee working in the capacity of employees and payment of salaries etc was made to such employees by group companies only for disbursement purposes and hence employee-employer relationship exist and the whole arrangement between assessee and its group companies did not fall under the taxable service of manpower recruitment or supply agency service as defined under the Finance Act, 1994.
Assessee had handed over possession of the property to M/s. V.S. K Associates in the year 2000 on receiving substantial part of consideration which constituted transfer u/s. 2(47)(v) read with section 53A of the TPA attracting taxability of capital gain in the A.Y. 2001-02. Thus, the same could not once again be taxed in the assessment year 2007-08.
Addition made by AO against Educational Trust on account ofdonations were found to be bogus was justified as assessee failed to discharge the onus of proof cast upon it and no attempt was made to produce credible material to corroborate the transactions or to explain the contradictory evidence that it was confronted with.
Future Gaming and Hotel Services Pvt. Ltd. Vs State of Kerala (Kerala High court) Conclusion: No State can exercise its authority by making Rules in such a way to impact upon authority of other States to organise, conduct and promotion of lottery. That power is exclusively given to the Central Government. Therefore, State of Kerala […]
Tmt.T.A.H.Zubaida Ummal Vs ITO (Madras High Court) Conclusion: Where the mortgage had been created by the owner after he had acquired the property, the clearing of the mortgage by him prior to the transfer of the property would not entitle him to claim deduction under Section 48 because, in such a case he did not […]
The accused Srilankan Airlines was convicted for the offence u/s 26 of Sexual Harassment for Women at work place (Prevention, Prohibtion and Redressal Act) 2013 as the accused had violated Section 4 (1) of Sexual Harassment of Women (Prevention Prohibition and Redressal Act) 2013.
M.S. Meghdoot Logistics Vs Commercial Tax Officer (Karnataka High Court) Proper Officer was empowered to possess Confiscated Goods if option to pay Fine in addition to the tax payable, penalty and other charges was not exercised Conclusion: Where proper officer, who had detained the conveyance and seized the goods was able to form opinion that […]
Where assessee was the Managing Director of ITNL when all the 10 alleged bogus contracts were awarded therefore, assessee’s knowledge and involvement in the alleged awarding of contracts could not be ruled out. Indeed, the Investigating Officer had interrogated the assessee twice, however looking at the gravity of the offence and the aspect of pending investigation relating to finding out the real beneficiaries of the siphoned off money, this Court found itself in disagreement with the submission that no more interrogation in custody was required. Accordingly, the assessee’s bail application was dismissed on account of involvement of huge money laundering .
SC held that Ola and Uber did not facilitate cartelization or anti-competitive practices between drivers as the drivers were independent individuals who acted independently of each other, therefore, section 3 of the CCI Act would not apply.
Assessee had no liability to pay service tax on the commission received in convertible foreign currency as the only requirement after the amendment in rule 3 (2) of the Export Service Rules 2005 was that the service recipient should be situated outside India and consideration should be received in foreign currency which both are satisfied.