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Transfer completes if GPA & JDA registered containing intention of owner

May 11, 2018 7617 Views 0 comment Print

Tamilnadu Brick Industries Vs ITO (ITAT Chennai) The plea of the assessee is that the reckoning of date of transfer should be based on the execution of MOA dated 30.01.2012. The execution of MOA alone does not convey transfer of the schedule property to the developer within the meaning of section 2(47(v) of the Act […]

Service Tax on Advisory services in respect of investments identified by overseas client

May 10, 2018 2328 Views 0 comment Print

Appellant’s task was mainly confined to providing of advisory services in respect of investments identified by overseas client and advise it with respect of investment opportunities in the companies, who are engaged in developing the real estate projects.

Service Tax not applicable on services rendered in the state of Jammu & Kashmir

May 10, 2018 7698 Views 1 comment Print

The present appeal is directed against Order-in-Original No. 35/Commissioner/Noida/2016-17 dated 31/03/2017 passed by Commissioner of Service Tax, Noida.

HC reject application for condonation of delay of 1819 days as no Sufficient Cause existed

May 9, 2018 1365 Views 0 comment Print

Commissioner Tax Vs M/s Hanuman Industries Kichha (Uttarakhand High Court) There is delay of 1819 days’ in filing the Revision. It is stated that after receiving the copy of the judgment dated 29.01.2013, matter was discussed at various levels and the proposal was received by the Department on 01.05.2013. It is stated that Department instructed […]

Deduction U/s 80HHC on Duty Draw Back & DEPB to supporting manufacturer; SC refers to larger bench

May 9, 2018 3966 Views 0 comment Print

Whether in the light of peculiar facts and circumstances of the instant case, supporting manufacturer who receives export incentives in the form of duty draw back (DDB), Duty Entitlement Pass Book (DEPB) etc. is entitled for deduction under Section 80HHC of the Income Tax Act, 1961?

Architect services eligible for input service credit

May 9, 2018 14772 Views 0 comment Print

Services being architect services does not fall under exclusion to the definition of input service as per rule 2 (l) of CENVAT Credit Rules 2004, as the said exclusion is in respect of execution of works contract.

Unless otherwise expressly provided, same income cannot be taxed twice

May 9, 2018 19782 Views 0 comment Print

Mahaveer Kumar Jain Vs CIT (Supreme Court) It is a fundamental rule of law of taxation that, unless otherwise expressly provided, income cannot be taxed twice. Furthermore, a taxing Statute should not be interpreted in such a manner that its effect will be to cast a burden twice over for the payment of tax on […]

Services of managing agent rendered to a foreign company are not technical services U/s. 80-O

May 9, 2018 480 Views 0 comment Print

The Appellant failed to prove that he rendered technical services to the Sumitomo Corporation and also the relevant documents to prove the basis for alleged payment by the Corporation to him. The letters exchanged between the parties cannot be claimed for getting deduction under Section 80-O of the IT Act.

SC on validity of Second (Fresh) Notice U/s. 158BD

May 9, 2018 927 Views 0 comment Print

Tapan Kumar Dutta Vs. CIT (Supreme High Court) On a conjoint reading of Sections 158BC and 158BD, it is clear that no satisfaction to the effect that undisclosed income belongs to the searched person is necessary before issuing the notice under Section 158BC against the searched person as Section 158BC speaks of a condition that […]

12% GST Payable on Rapeseed / Soya oil based dielectric transformer fluid: AAR

May 9, 2018 2718 Views 0 comment Print

What is the correct Harmonized System of Nomenclature (HSN) code and the applicable GST rate for our products MIDEL eN 1204 (rapeseed oil based dielectric transformer fluid) and MIDEL eN 1215 (soya oil based dielectric transformer fluid) in terms of Notification No. 1/2017-Central Tax (Rate) dated 28 June 2017?

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