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

May 7, 2018 1404 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 4002 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 3351 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.

AO cannot be uncertain in penalty order as to concealment or furnishing of inaccurate particulars of income

May 7, 2018 4044 Views 0 comment Print

HPCL Mittal Energy Ltd. Vs Addl. CIT (ITAT Amritsar) The moot question is that what should be the nature of specification of a charge by the AO at the stage of initiation of penalty proceedings and at the time of passing the penalty order. Is the AO required to specify in the penalty notice/order as […]

Assam to roll out intra-state e-way bill WEF 16th May, 2018

May 7, 2018 1923 Views 0 comment Print

Provisions of the e-way bill rules for intra-state movement of goods (movement of goods which commences and terminates within the State of Assam) shall be effective from 16th day of May, 2018.

Income not taxable for mere physical receipt of income, but on receipt of income in reality

May 6, 2018 4197 Views 0 comment Print

The present appeal has been filed against the impugned judgment and order dated 29.10.2012 passed by the High Court of Judicature at Madras in Tax Case (Appeal) No. 368 of 2005 wherein the Division Bench of the High Court allowed the appeal filed by the respondent by absolving the additional tax liability imposed by the Assessing Officer, vide order dated 25.01.1996.

Section 41(1) not apples if loan waiver not amounts to cessation of trading liability

May 6, 2018 3144 Views 0 comment Print

These appeals have been filed against the impugned judgment and order dated 29.01.2003 passed by the High Court of Judicature at Bombay in R.A.No.1561 (Bom)/1982 and R.A.No.5161/B/80 whereby the Division Bench of the High Court while giving answers to the Reference Applications filed by the Respondent as well as the Revenue, confirmed certain findings passed by the Income Tax Appellate Tribunal (in short ‘the Tribunal’) dated 16.08.1982 in favour of the Respondent

ICDs are Inland Ports & eligible for deduction U/s. 80-IA(4): SC

May 6, 2018 1722 Views 0 comment Print

CIT Vs. Container Corporation of India Ltd (Supreme High Court) Whether the ICDs can be termed as Inland Ports so as to entitle deduction under Section 80-IA of the IT Act. The term port, in commercial terms, is a place where vessels are in a habit of loading and unloading goods. The term ‘Port’ as […]

Amendment to s. 40(a)(ia) by Finance Act, 2010 are retrospective and curative in nature

May 6, 2018 4581 Views 0 comment Print

CIT Vs M/s Calcutta Export Company (Supreme Court of India) The purpose of the amendment made by the Finance Act, 2010 is to solve the anomalies that the insertion of section 40(a)(ia) was causing to the bona fide tax payer. The amendment, even if not given operation retrospectively, may not materially be of consequence to […]

Adverse material collected or found during survey can be utilised in Block Assessment

May 6, 2018 2658 Views 0 comment Print

CIT Vs S. Ajit Kumar (Supreme Court of India) The power of survey has been provided under Section 133A of the IT Act. Therefore, any material or evidence found/collected in a Survey which has been simultaneously made at the premises of a connected person can be utilized while making the Block Assessment in respect of […]

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