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

May 9, 2018 645 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 1242 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 2982 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?

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

May 8, 2018 1530 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 8229 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 1512 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 3738 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 939 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 1422 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 3600 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.

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