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Bombay High Court

Training & Coaching services to Students by Trust liable to Service Tax

September 18, 2017 2817 Views 0 comment Print

A educational coaching is covered by the expression coaching centre as defined in section 65(26) and (27). That it is not on commercial basis or predominantly for profit is the only argument canvassed throughout.

Procedural rules cannot be ignored even if litigant is Government/ Revenue and Revenue should not follow tendency of blaming Advocate or procedural rules for dismissal of appeal

September 15, 2017 1110 Views 0 comment Print

Bombay High Court held in the case of CIT Vs. M/s. Parle Bisleri Ltd. that Procedural rules cannot be ignored even litigant is Government/ Revenue and Revenue should not follow tendency of blaming Advocate or procedural rules for dismissal of appeal

Service Tax not payable on Financial Advisory Services provided by CRISIL prior to 16.08.2002

September 13, 2017 1272 Views 0 comment Print

Advisory services provided by CRISIL does not fall under category of Management Consultancy Services and is correctly classified under the Banking and other Financial Services.

Assessee cannot be allowed to take advantage of his own wrong: HC

September 11, 2017 3603 Views 0 comment Print

S. 68: Argument that the assessee did not maintain books of account and so s. 68 will not apply is not acceptable. It is incumbent on every assessee doing business to maintain proper books of account. It may be in any form. If the assessee has not done so, he cannot be allowed to take advantage of his own wrong. Burden lies on the assessee to show from where he has received the amount and what is its nature

Service Tax on Merger and Acquisition Services not leviable before 16th July 2001

September 6, 2017 1425 Views 0 comment Print

We are disposing of the above Appeals preferred by the Revenue by this common order and judgment. The above Appeals have challenged the impugned orders passed by the Customs, Excise and Service Tax Appellate Tribunal, Mumbai (for short Appellate Tribunal) dated 3rd February 2016 in Central Excise Appeal No. 3 of 2017 and 11st January 2016 in Central Excise Appeal No. 27 of 2017 respectively.

Bombay HC on promotion or Increase in salary in a private Establishment

August 21, 2017 4053 Views 2 comments Print

Promotion or Increase in salary in a private Establishment is a managerial Function and cannot be claimed to be a condition of service in the Absence of any such policy : High court of Bombay

Assessee’s submission in arriving at the ALP is not final, It is for TPO to examine and find out companies listed as comparables

August 14, 2017 882 Views 0 comment Print

We find that the impugned order of the Tribunal holding that a party is not barred in law from withdrawing from its list of comparables, a company, if the same is found to have been included on account of mistake as on facts, it is not comparable. The Transfer Pricing Mechanism requires comparability analysis to be done between like companies and controlled and un controlled transactions.

Taxability of Interest on interim compensation received pending final disposal by HC

August 14, 2017 1782 Views 0 comment Print

Bombay High Court held that Interest on interim compensation received pending final disposal by the High Court is income if there is no direction given by the Court.  The source of funds to earn income cannot determine the taxability of the income earned on the capital amount which has been invested. This in the absence […]

Sec. 194J TDS not deductible on Payments for SMS Services

August 14, 2017 17271 Views 0 comment Print

1. These appeals pertain to Assessment Years 2007-­08 and 2008­-09. 2. Mr. Singh, learned Counsel for the appellant submits that the Tribunal was not justified in law to hold that the provisions of Section 194J is not applicable in respect of the payments made to M/s. Valuefirst Messaging Pvt. Ltd. for providing SMS services as […]

Assessee cannot claim to be under reasonable belief of Income Exemption after paying Tax on the same for 40 Years

August 13, 2017 1731 Views 0 comment Print

On allowing appeals by the Revenue and / or rejection of Cross Objections filed by the assessee, the assessee moved an application seeking reference of following two questions of law for decision of this court

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