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Outbound transportation from place of removal gets covered by definition of input service

May 8, 2018 1377 Views 0 comment Print

The Supreme Court has said that once it is accepted that place of removal is the factory premises of the assessee, outward transportation from the said place would clearly amount to input service.

SC on Taxability of Receipts by housing co­-operative societies from Members

May 8, 2018 7335 Views 1 comment Print

Principles of Mutuality: Receipts by housing co­-operative societies such as non­-occupancy charges, transfer charges, common amenity fund charges and certain other charges from their members are exempt from income-tax based on the doctrine of mutuality.

Notice served on authorized representative is deemed service of notice to Assesse if Assessee was not available to receive the same on Several Occasions

May 8, 2018 1278 Views 0 comment Print

Income Tax Officer Vs. Dharam Narain (Supreme Court of India) 1. By the impugned order, the High Court has quashed the notice dated 16th October, 2006 issued under Section 143(2) of the Indian Tax Act, 1961 to the respondent– Assessee by allowing the writ petition filed by the said Assessee. Aggrieved, the Revenue is in […]

Taxability of amount received by an employee from redemption of Stock Appreciation Rights

May 8, 2018 3306 Views 0 comment Print

In the instant case, the fundamental question which arises for consideration before this Court is with regard to the taxability of the amount received by the Respondent on redemption of Stock Appreciation Rights (SARs.)

Supply between NDDB & State Govt. can’t be treated as supply between ‘related persons’

May 8, 2018 783 Views 0 comment Print

It is held The transactions undertaken by NDDB and Unions in accordance with the agreements made by NDDB with State Government of Assam and Jharkhand are not to be considered as supply between ‘related persons’ in accordance with Schedule I of Central Goods and Service Tax Act, 2017 (CGST Act) read with Section 15 of CGST Act and corresponding provisions under the Gujarat Goods and Services Tax Act, 2017.

Change in opinion cannot be alleged in absence of opinion on subject matter of reopening in earlier assessment

May 8, 2018 1236 Views 0 comment Print

The present appeal has been preferred against the impugned final judgment and order dated 24.02.2006 passed by the High Court of Delhi in W.P.(C) No 14376 of 2005 whereby a Division Bench of the High Court

Prior to 01.04.2011 CENVAT credit eligible on insurance premium in respect of dependent/family members of employees

May 7, 2018 3393 Views 0 comment Print

Briefly the facts of the present case are that the appellants are manufacturers of different models of EPABX. They are availing CENVAT Credit on certain inputs and input services as per CENVAT Credit Rules (CCR), 2004.

In absence of online database access no Service Tax under the head OIDAR Services

May 7, 2018 1242 Views 0 comment Print

It has been argued that they are using service of M/s Dialogue Corporation, USA for the purpose of data storage. It has been argued that the said service provider does not provide online services and there is no online service provider. In absence of online database access, no Service Tax can be demanded under the head of Online Database Access and Retrieval Service.

No service tax on services provided as secondary service providers for shipping lines

May 7, 2018 3756 Views 0 comment Print

M/s. Indo Lloyd Freight Systems Pvt. Ltd. Vs Commissioner of Service Tax (CESTAT Chennai) As regards Brokerage commission of paid for booking of the export cargo, it is seen that the agents of shipping lines normally book the export cargo. The appellants actually get brokerage or commission for getting orders for the export of cargo. […]

Eligibility of Permanently Disabled Unmarried Son of a CGHS Beneficiary

May 7, 2018 2790 Views 6 comments Print

An unmarried son of a CGHS beneficiary suffering from any permanent disability of any kind (physical or mental) will be entitled to CGHS facility even after attaining the age of 25 years.

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