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Vivad Se Vishwas Scheme 2020- Detailed Analysis

December 1, 2020 669 Views 0 comment Print

BACKGROUND Direct Tax Vlvad se Vishwas Act, 2020 offers a win-win dispute resolution package that benefits the taxpayers as well as the Government. Taxpayers All also be better-off due to savings on account of time and resources, certainty with respect to their tax liability and immunity from penalty and prosecution. Government will benefit from timely […]

ITAT Allows Depreciation on Capitalised Jamnagar Loni Pipeline & Gandhar Plant Cost to GAIL

December 1, 2020 1308 Views 0 comment Print

Gail (India) Ltd. Vs Addl. CIT (ITAT Delhi) The rebuttal of the assessee have been considered thoroughly with the relevant documentary evidences referred therein and placed in the paper book. Considering the facts in totality, we are of the considered view that assessee has successfully commissioned the Jamnagar Loni Pipeline and the LPG Gas Processing […]

No Service Tax on Remuneration to Director in employment of the company

December 1, 2020 9465 Views 0 comment Print

Bengal Beverages Pvt. Ltd. Vs CGST & Excise, Howrah (CESTAT Kolkata) In the instant case, the only dispute herein is for payment of remuneration in the nature and form of commission based on percentage of profit to whole time directors, which is a fact on record. Section 2(94) of Companies Act, 2013, duly defines ‘whole-time […]

Quashing of Complaint Should Rather be Exception & A Rarity than an Ordinary Rule: SC

December 1, 2020 1710 Views 0 comment Print

Skoda Auto Volkswagen India Private Limited Vs State of Uttar Pradesh & Ors. (Supreme Court of India) We are unable to agree with the contention of the learned Senior Counsel for the petitioner that the substratum of the police complaint is something that is already the subject matter of adjudication before this Court in the […]

Credit cannot be denied on services used for providing warranty services

December 1, 2020 972 Views 0 comment Print

Power Build Pvt Ltd Vs C.C.E. & S.T. (CESTAT Ahmedabad) Warranty Service which implies that the value is already included in the sale price of the goods. Moreover, there is no requirement in the definition of Input Service that the value is to be included in the assessable value for the purpose of Central Excise […]

Tax Invoice to have 8 digit HSN code on specified products

December 1, 2020 61488 Views 0 comment Print

Notification No. 90/2020 – Central Tax – Tax Invoice to have 8 digit HSN code on specified products classifying under various tariff items of Chapter 28, 29, 38 & 39 of CTA (Mainly Chemicals and Plastic items) and specified Chemicals falling under various tariff heading. Government of India Ministry of Finance (Department of Revenue) Central Board […]

Lawyer cannot surrender or conclude substantial legal rights of client without client’s instruction

December 1, 2020 3111 Views 0 comment Print

A lawyer generally has no implied or apparent authority to make an admission or statement which would directly surrender or conclude the substantial legal rights of the client unless such an admission or statement is clearly a proper step in accomplishing the purpose for which the lawyer was employed

Constitute National Tribunals Commission to supervise appointments & functioning of Tribunals: SC to UOI

November 30, 2020 2067 Views 0 comment Print

Madras Bar Association Vs Union of India & Anr. (Supreme Court of India) (i) The Union of India shall constitute a National Tribunals Commission which shall act as an independent body to supervise the appointments and functioning of Tribunals, as well as to conduct disciplinary proceedings against members of Tribunals and to take care of […]

Transfer of goods involved in works contract amount to ‘sale’

November 30, 2020 1380 Views 0 comment Print

United Processors Vs State Tax Officer (Madras High Court) It is brought to notice by the Learned Government Advocate appearing  for the Respondent that the Division Bench of this Court in State of Tamil nadu -vs- Tex-in-Printers (Order dated 04.10.2013 in Tax Case (Revision) No. 49 of 2009) has reiterated that after introduction of Section […]

SC directs HC to decide on vires of Section 40(a)(iib) of Income Tax Act, 1961

November 29, 2020 1767 Views 0 comment Print

Tamil Nadu State Marketing Corporation Ltd. Vs Union of India And Others (Supreme Court of India) When the vires of Section 40(a)(iib) of the Income Tax Act were challenged, which can be decided by the High Court alone in exercise of powers under Article 226 of the Constitution of India, the High Court ought to […]

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