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Aditya - Nischal

Latest Articles


Swachh Bharat Cess – Ready Reckoner

Service Tax : Will SBC be leviable on exempted services and services in the negative list The Central Government vide notification No 22/2015-ST...

November 19, 2015 66426 Views 44 comments Print

Liability to pay interest on issue of supplementary invoice owing price variation

Excise Duty : The respondent was engaged in manufacture of cables and it entered into a contract with customer for supply of such cables & incor...

October 31, 2015 5334 Views 1 comment Print

Does Mistake of fact governed by time limit prescribed U/s. 11B of Central Excise Act, 1944?

Excise Duty : Reliance in this regard can be placed on the judicial pronouncement of Hon’ble Kerala High Court in case of GEOJIT BNP PARIBAS F...

July 18, 2015 1754 Views 0 comment Print

Manual Scrutiny of Service Tax Returns vis-à-vis ITR Form 4/5/6 and 26AS w.e.f. 01.08.2015

Service Tax : With the introduction of POT Rules, 2011 and advent of Negative list based comprehensive taxation of services in 2012, Service Tax...

July 8, 2015 3300 Views 0 comment Print

Applicability of ‘Res Judicata’ on Taxation?

Income Tax : Res judicata has been defined under Section 11 of The Code of Civil Procedure, 1908, wherein it is stated that no court shall try ...

July 7, 2015 9905 Views 0 comment Print


Latest Judiciary


Whether assessee is entitled to avail Input Tax Credit on purchase of DEPB Scrips?

Goods and Services Tax : Jagriti Plastics Limited vs Commissioner of Trade & Taxes (Delhi HIgh Court),- Hon’ble Court noted that the price of the goods s...

October 7, 2015 4301 Views 0 comment Print

Excisability of Fly Ash generated during manufacturing

Excise Duty : The petitioner was engaged in the generation of electricity by burning coal resulting in production of Fly Ash as by-product which...

August 26, 2015 8795 Views 3 comments Print

Does Tribunal have power to grant stay beyond period of 365 days prescribed in Act?

Income Tax : Reliance in this regard can be placed on the decision of Hon’ble Delhi High Court in case of Pepsi Foods Private Limited vs. ACI...

May 21, 2015 1356 Views 0 comment Print

Can SEZ unit claim exemption from CVD when cleared to DTA based on an Exemption Notification

Service Tax : Can SEZ unit claim exemption from CVD when cleared to DTA based on an Exemption Notification issued under Section 5A of CEA’1944...

November 28, 2014 1970 Views 0 comment Print

Whether security provided by government from terrorists liable to SERVICE TAX?

Service Tax : Mcleod Russel (India) Limited having its registered office at 4, Mangoe Lane, Kolkata has tea plantations in the state of Assam an...

November 20, 2014 3418 Views 0 comment Print


Section 271AA – Levy of Penalty on part disclosed income

July 2, 2015 1758 Views 0 comment Print

Reliance in this connection can be placed on a recent judicial pronouncement of Hon’ble Calcutta Tribunal in case of SPS Steel & Power Limited vs. ACIT [I.T.A Nos. 1391 & 1414/Kol/2011] pronounced on 30-06-2015 wherein a search & seizure operation was conducted on the premises of the appellant under Section 132 and income to the […]

Impact of Service Tax on Uber, Ola!!

June 27, 2015 31594 Views 6 comments Print

The dawn of Cab aggregators Uber, Ola, etc.., has been seen in India in recent times, but the laws pertaining to service tax in the aggregators model of service was in gray. The aggregator model of service is new in India and there has been a lack of clarity about service tax rules that must apply toward Uber, Ola, etc…

HC has power to decide correct position of law on admitted facts before Settlement Commission

May 29, 2015 1794 Views 0 comment Print

A holding company is not liable for provident dues of a Subsidiary Company. Workmen of subsidiary Company are not workmen of holding Company. It was held that holding company is not liable for wages of its subsidiary company which was under winding up.

Does Tribunal have power to grant stay beyond period of 365 days prescribed in Act?

May 21, 2015 1356 Views 0 comment Print

Reliance in this regard can be placed on the decision of Hon’ble Delhi High Court in case of Pepsi Foods Private Limited vs. ACIT [W.P.(C) 1334/2015] pronounced on 19-05-2015 wherein the petitioner has challenged the constitutional validity of Section 254(2A) of the Income Tax Act, 1961 (here-in-after referred to as ‘the Act’).

Pro-founding Impact of change in effective rate of SERVICE TAX

May 20, 2015 6669 Views 0 comment Print

Before proceeding onto the areas wherein the change in rate of service tax will have its effect, let us have a brief on the Finance Bill 2015 which proposed for the said changes in regards to the subject matter. Clause 106 of the Finance Bill, 2015 and paragraph 3 of JS (TRU-II)D.O.F.No.334/5/2015-TRU, New Delhi, May […]

Service Tax Amendments – Union Budget 2015-16

February 28, 2015 9980 Views 0 comment Print

Change in Rate of Service Tax Rate The Service Tax rate is being increased from 12% plus Education Cesses to 14%. Effective increase in Service Tax rate will be from existing rate of 12.36% (inclusive of cesses) to 14%. w.e.f: The new Service Tax rate shall come into effect from a date to be notified […]

Exclusion of Comparables merely based on Turnover Filter without FAR Analysis?

January 14, 2015 1498 Views 0 comment Print

The issue is no longer res integra as it has been decided by Hon’ble ITAT Banglore in case of M/s Yahoo Software Development India Pvt Ltd vs DCIT (ITA No. 1129/Bang/2010) pronounced on 31st December 2014. In the instant case, the Assessee filed an appeal against the order of the Learned AO and pleaded that

Can SEZ unit claim exemption from CVD when cleared to DTA based on an Exemption Notification

November 28, 2014 1970 Views 0 comment Print

Can SEZ unit claim exemption from CVD when cleared to DTA based on an Exemption Notification issued under Section 5A of CEA’1944 although when there is specific bar under Section 5A for SEZ units?

Installation & Commissioning Expenses not covered under definition of FTS u/s 9 of Income Tax Act, 1961

November 22, 2014 5017 Views 0 comment Print

The issue is no longer res integra as it has been held by Hon’ble ITAT Mumbai in case of Bennet Coleman & Co. Ltd. Vs ITO(TDS) [ITA No. 7315/Mum/2008] pronounced on 12-11-2014 wherein the assesse (Times of India) has entered into an agreement with M/s FERAG AG for supply of heavy plant and machinery along […]

Whether security provided by government from terrorists liable to SERVICE TAX?

November 20, 2014 3418 Views 0 comment Print

Mcleod Russel (India) Limited having its registered office at 4, Mangoe Lane, Kolkata has tea plantations in the state of Assam and the area is highly volatile and acts of vandalism being carried out by terrorists.

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