V Swaminathan B.Sc., B.L., FCA PROLOGUE This is intended to serve the purpose of a Supplement to the earlier write-up displayed @ https://taxguru.in/service-tax/deeming-a-legal-fiction-service-tax-a-case-study.html And, therefore, needs to be read and understood accordingly, for an appreciation of the thoughts and viewpoints shared, in proper light. The propositions as stated and canvassed for in the earlier write-up, […]
The point (s) of dispute pertains to levy of ‘service tax’ in respect of a transaction of sale and purchase of Flat in a building complex (in brief, ST). That is a special kind of property, being unit of a building, having peculiar and distinct characteristics;
The point of dispute relates to taxpayers entitlement to tax exemption as claimed under sec. 54F (of the IT Act), on the so- called roll over investment. This marks an instance being the latest in the long series of such disputes taken up for adjudication by courts in the recent past. Earlier, more or less a similar dispute that arose has been covered in a judgment of the Karnataka HC deciding the issue in taxpayer’s favor.
The 97th amendment to the Constitution passed in January this year grants citizens the fundamental right to form cooperative societies. The amendment has added the term cooperative societies along with the right to form unions. It has fulfilled a long-standing demand
V Swaminathan B.Sc. B.L., FCA Recently Member (Income Tax), CBDT Ms. Anita Kapur has commented that government should Draft Tax Laws That Promote Intent Rather Than Litigation. Some of the suggestions, unlike/except the ones such as found a mention in the concluding para of the write-up seemingly well-balanced, are prima facie lop- (one-) sided; leaning […]
Almost everyone, including active and proactive professional tax advisers- mainly, lawyers and CAs, having something to do or other with the Budget proposals of the newly installed government, have sought and brought to focus the highlights. Even so, it is sad to observe that, in so doing, in one’s conviction, some of the deficiencies, hidden or otherwise, it is noted, have not been even touched upon, for reasons not known.
V. Swaminathan B.Sc., B.L., FCA PROLOGUE As is, by and large, known, the Constitution of India, the nation’s basic charter, is the supreme law of the land. And all other laws are subordinate to the Constitution; and as such, must be read and interpreted in the light of the constitutional provisions. The authority to legislate […]
In the instant case, the dispute relates to a part of the building complex, being stilt parking area, retained by the promoter, with intent to sell separately. No knowing at this late stage as to what really has been the intention.
Taxation of income is a fiscal matter governed by the central legislation, ‘Flat’ is house property of a special kind, and the law applicable to Flat is embodied in the special State legislation. Flat is, in several respects, distinct from exclusively owned independent house property, which is governed by the general / common law called, the Transfer of Property Act, 1882.
On a close reading of the SC judgment, but in between lines, one is left with an indelible impression that the court, in deciding the issue in the Respondent’s favour, though not explicitly said so, appears to have been inclined to go by the SUBSTANCE, instead of the FORM.
