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All High Courts

No TDS U/S 192 in Case Where Tax Already Been Paid by Employer

December 21, 2016 2464 Views 0 comment Print

The employer i.e. ONGC has paid fringe benefit u/s 115WA of the Act to the employee and thus, the employee was not bound to pay tax on the aforementioned expenses, as a part of his salary.

Registration of FIR is not necessary before arresting a person U/s. 104 of Customs Act

December 19, 2016 6490 Views 0 comment Print

It is apparent that the proceedings conducted by an officer of the Central Excise are vitally different from the investigation by a police officer. It is implicit that a person who is making a statement before a Central Excise Officer can be called upon to sign the statement. On a combined reading of Sections 13 and 14, it is clear that an officer of the Central Excise is not a mere police officer. He is different. He is even more. A substantive power to arrest has been conferred on him under Section 13. The proceedings conducted by him are judicial. The person who is interrogated is bound to state the truth.

Salary of non-resident for services rendered abroad is not taxable in India

December 15, 2016 2850 Views 0 comment Print

It is not disputed that the petitioner as a marine engineer had rendered services outside India for the period of 286 days. He has received his remuneration for such work from a foreign company. Consequently, the income received by the petitioner for services rendered outside India has to be considered as income received out of India and treated as such.

Presence of percentage of narcotic drug or psychotropic substance in composition of medicine can-not be calculated separately

December 9, 2016 2235 Views 0 comment Print

This is the first bail application filed under Section 439 of the Code of Criminal Procedure for grant of regular bail to the applicant who has been arrested in connection with Crime No. 113 of 2016 registered at Police Station- Kusmunda, District Korba (C.G.) for the offence punishable under Section 22 of NDPS Act.

Remedy available under Consumer Protection Act, 1986 is additional remedy

December 9, 2016 10218 Views 0 comment Print

The remedy available under the Consumer Protection Act, 1986 is an additional remedy for consumers and not in derogation of remedy available under Section 8-B of the Indian Telegraph Act, 1885.

SC explains TDS on construction, erection & commissioning of plants

December 9, 2016 24789 Views 0 comment Print

These are usual clauses in such contracts. The testing, pre-commissioning, commissioning and post-commissioning are required to be carried out by a contractor to satisfy the customer that the work has been executed in a proper manne

To refer a case to TPO, AO need not have definite finding, Prima Facie opinion is sufficient

December 8, 2016 2857 Views 0 comment Print

Section 92CA(1) does not contemplate that the assessing officer has to first come to a definite finding that there is an international transaction within the meaning of Sec. 92B before he can exercise his power to refer the matter to the TPO.

Freight charges are part of sale price & includible in taxable turnover for VAT

December 7, 2016 24192 Views 0 comment Print

In the present batch of writ petitions, the seminal issue falling for consideration is whether the freight charges for transporting dolomite by the petitioners to the respondent/Bhilai Steel Plant (for short the BSP) would be a part of sale price and hence exigible to commercial tax or not.

For limitation U/s. 158BE, period is to be counted from the date on which the direction U/s. 142(2A) is served on the assessee

December 6, 2016 606 Views 0 comment Print

1. Whether the findings of the Tribunal are perverse in holding that for the purpose of limitation under section 158BE, the period is to be counted from the date on which the direction under section 142(2A) is served on the assessee and not from the date of issue of direction by the assessing officer under section 142(2A) ?

Registry cannot insist on NOC from old advocate to appoint new advocate

December 2, 2016 16377 Views 0 comment Print

There is nothing known as irrevocable vakalatnama. The right of a party to withdraw vakalatnama or authorization given to an advocate is absolute. Hence, a party may discharge his advocate any time, with or without cause by withdrawing his vakalatnama or authorization.

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