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Supreme Court of India

Royalty pad by distributor to music producer for copyright use is not an additional consideration to assessee a job worker

August 12, 2015 609 Views 0 comment Print

Hon’ble Supreme court in the case of K.R.C.D Pvt. Ltd. held that the royalty paid by the principal manufacturer to some other person for use of any copyright is not includible in the assessable value of the final goods cleared from the factory of job worker as the royalty paid by the principal manufacturer do not flow any additional consideration to the job worker.

Restriction to use trade mark beyond a physical area limit does not automatically make it usable within the allowed area if same belongs to other person- SC

August 12, 2015 666 Views 0 comment Print

The Hon’ble Supreme court in the case of Kali Aerated Water Works held that the restricted right to use of any trade mark and trade name does not make it use as use of brand name belonging to others since the assessee has right to use though restricted as mutually agreed between some parties.

Rules not within the limits of Parent Act are unsustainable and bad in law – SC

August 10, 2015 1324 Views 0 comment Print

The appellant contented that such a notional fixation of the handling charges with the addition of one per cent of free on board value of the value of goods, irrespective of the nature of goods, size of the cargo

Process of assembling bringing a change in name & use of components amounts to manufacture- SC

August 8, 2015 9776 Views 3 comments Print

The Hon’ble Supreme Court in the case of Poonam Spark Limited held that the process of assembling various parts bringing into existence Water Purification & Filtration System amounts to manufacture as the assembled component is different commercially known product with distinctive use.

If payment is for variety of services & use of land is minor, Payment cannot be treated as rent –SC

August 7, 2015 2271 Views 0 comment Print

The charges such as Landing Charges, Lighting Charges, Approach and Aerodrome Control Charges, Aircraft Parking Charges, Aerobridge Charges, Hangar Charges, Passenger Service Charges, Cargo Charges etc.

S. 80IB(10) Restriction on extent of commercial area not applies to projects approved before 1.4.2005

August 7, 2015 1101 Views 0 comment Print

CIT vs. Sarkar Builders (Supreme Court of India)- Restriction on extent of commercial area in ‘housing project’ imposed w.e.f. 1.4.2005 does not apply to housing projects approved before 1.4.2005 even though completed after 1.4.2005 – Section 80-IB(10).

Deduction u/s. 80HHC allowable only against profit from export business- SC

August 7, 2015 10924 Views 0 comment Print

The appellant-assessee is engaged in the business of export of marine products and also financial consultancy and trading in equity shares. Its total business does not consist purely of exports but includes business within the country as well which situation is covered by Section 80HHC (3)(b).

At Least After Death, No Excise Duty – SC

July 30, 2015 5257 Views 0 comment Print

Hon’ble Supreme Court in the case titled as Shabina Abraham & Ors. Vs. Collector of Central Excise & Custom in Civil Appeal No. 5802 of 2005 decided on 29.07.15 has held that assessment proceeding under the Central Excise and Salt Act, 1944 cannot be continued against the legal representative/estate of a sole proprietor/manufacturer after he is dead.

Job worker should be considered as manufacturer subject to arrangement between parties- SC

July 28, 2015 3439 Views 0 comment Print

In the case of Commissioner of Central Excise, Goa V/s. M/s Cosme Farma Laboratories Ltd., it has been held by the Hon’ble Supreme Court of India that in case of job work arrangement, the job worker should be considered as manufacturer on the basis of the arrangement

Eligibility criteria in an exemption notification required to be construed strictly- SC

July 28, 2015 990 Views 0 comment Print

The appellant entered into a Joint Venture Agreement with M/s Shapoorji Pallonji & Company Limited for the purpose of construction of roads in the State of Andhra Pradesh. The Joint Venture was awarded a contract

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