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No Service Tax on supply of subsidized food to workers by employer

March 23, 2017 2916 Views 0 comment Print

Bhimas Hotels Pvt. Ltd. Vs. Union of India (Andhra Pradesh High Court) any supply of subsidized food to the workers by the management of a Company, has to be seen as part of the pay package that the workers have negotiated with the employer. Under the Factories Act, 1948 and even under the Industrial Disputes […]

Unregistered JDA not falls under section 53A & consequently section 2(47)(v) not apply

February 17, 2017 2649 Views 0 comment Print

Where no possession had been given by the transferor to the transferee of the entire land in part performance of JDA so as to fall within the domain of section 53A and in absence of registration of JDA, although executed afterwards, the agreement did not fall under section 53A and consequently section 2(47)(v) did not apply and no further amount had been received and no action thereon had been taken, therefore, appeal of Revenue was dismissed.

Service Tax not payable on Naturopathy treatment

February 7, 2017 1287 Views 0 comment Print

Manthena Satyanarana Raju Charitable Trust Vs Union of India (Telangana High Court) petitioner was providing various services, such as, steam bath, sauna/infrared bath, foot and arm bath, whirlpool bath, circular jet, full emersion bath, spinal spray, spinal bath, hip bath, hydro deluxe bath, jacuzi, mud bath, neem paste bath, plant leaf bath, sand bath, massage, […]

Exchange Rate value of INR against USD dollar – 1945-1971

September 15, 2016 9240 Views 0 comment Print

Que – Please provide the details of Exchange Rate value of INR against USD dollar from the year 1947 till date. Ans – Information regarding USD-INR rates for the period 1945-46 – 1970-71 is available at the following link: Exchange Rate – 1945-1971 2. Information regarding USD-INR rate for the period 1970-71 to 2013-14 is available on: http://dbie.rbi.org.in/DBIE/dbie.rbi?site=publications-> […]

Arrest of MakeMyTrip officials was illegal and unconstitutional: HC

September 1, 2016 6492 Views 0 comment Print

Makemytrip (India) Pvt Ltd. Vs Union of India & Ors. (Delhi High Court) (i) The scheme of the provisions of the Finance Act 1994 (FA), do not permit the DGCEI or for that matter the Service Tax Department (ST Department) to by-pass the procedure as set out in Section 73A (3) and (4) of the […]

Foreign Currency Accounts by Resident Individuals- FAQs

August 1, 2016 1014 Views 0 comment Print

Sec 2(v) of the Foreign Exchange Management Act, 1999 (FEMA) defines a person resident in India as: (i) a person residing in India for more than one hundred and eighty-two days during the course of the preceding financial year but does not include-

Cash credit account cannot be provisionally attached: Gujarat HC

June 27, 2016 3831 Views 0 comment Print

Kaneria Granito Ltd Vs ACIT (Gujarat High Court) In this case, admittedly, all the three bank accounts were in the nature of either the cash credit account or term loan account. In other words, the accounts were opened to enable the assessee to borrow the money from the bank for the purpose of its business. […]

Reopening invalid if no nexus with reasons recorded & ‘formation of belief’

May 13, 2016 1335 Views 0 comment Print

Smt. B. Radha & Ors. Vs. DCIT (ITAT Hyderabad) The impugned issue to be considered is whether the reopening of assessment on the basis of so-called statement of Shri Ramalinga Raju (Satyam Computers) is warranted. As seen from the additions made, there is no live-link with the reasons recorded and the additions made. In fact, […]

ITAT explains when an individual or a HUF can be treated as ‘not ordinarily resident’ in India

December 21, 2015 2440 Views 0 comment Print

It is evident from the word ‘or’, occurring for the first time in sub-clause (a) or (b) of clause (6) of section 6, that the two conditions contemplated in those sub-clauses are alternate and these are not cumulative. The fulfillment of either of the conditions would be sufficient to treat an individual or a Hindu undivided family as ‘not ordinarily resident’ in India.

Court/Tribunal can dismiss appeal for non-prosecution

November 6, 2015 1170 Views 0 comment Print

Where AO allowed interest on capital and remuneration paid to the partners from the estimated income on the basis of partnership deed, assessment made by AO on estimation of income could not be treated as erroneous or prejudicial to the interest of Revenue for invoking the jurisdiction under section 263.

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