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CIT can Cancel 12A Registration only on and after 01.10.2004: SC

May 9, 2018 1968 Views 0 comment Print

Industrial Infrastructure Development Corporation(Gwalior) M.P. Ltd. Vs CIT (Supreme Court of India) It is not in dispute that an express power was conferred on the CIT to cancel the registration for the first time by enacting sub-Section (3) in Section 12AA only with effect from 01.10.2004 by the Finance (No.2) Act 2004 (23 of 2004) […]

Collecting parking fee by malls illegal : Gujarat HC issues notice (Read PIL)

May 9, 2018 14541 Views 5 comments Print

Petitioner Sajeev Ezhava, filed public interest litigation before Hon’ble Gujarat High Court contending that the parking fee collected by malls and commercial establishments is illegal and against the basis of exempting them from municipal taxes.

Outbound transportation from place of removal gets covered by definition of input service

May 8, 2018 1563 Views 0 comment Print

The Supreme Court has said that once it is accepted that place of removal is the factory premises of the assessee, outward transportation from the said place would clearly amount to input service.

Non-compliance of Section 194H by assessee attracts rigor of Section 201

May 8, 2018 1590 Views 0 comment Print

The Director, Prasar Bharati Vs. CIT (Supreme Court Of India) In our considered view, the High Court was right in holding that the provisions of Section 194H are applicable to the appellant because the payments made by the appellant pursuant to the agreement in question were in the nature of payment made by way of […]

Rights of daughters in coparcenary property if suit for partition filed before 09.09.2005 and decree been passed after 09.09.2005

May 8, 2018 4938 Views 0 comment Print

Rights of daughters in coparcenary property as per the amended S. 6 are not lost merely because a preliminary decree has been passed in a partition suit. So far as partition suits are concerned, the partition becomes final only on the passing of a final decree. Where such situation arises, the preliminary decree would have to be amended taking into account the change in the law by the amendment of 2005.

SC on Taxability of Receipts by housing co­-operative societies from Members

May 8, 2018 8298 Views 1 comment Print

Principles of Mutuality: Receipts by housing co­-operative societies such as non­-occupancy charges, transfer charges, common amenity fund charges and certain other charges from their members are exempt from income-tax based on the doctrine of mutuality.

Activity of fixing MRP stickers amounts to manufacture & liable to excise duty

May 8, 2018 6756 Views 0 comment Print

It is the allegation of Revenue that the activity of changing the MRP/ affixing MRP stickers in their godown will fall within the deeming provision in Section 2(f) (iii) and consequently, Central Excise duty is required to be discharged in terms of Section 4A of the Central Excise Act, which has not been done by the appellant

Notice served on authorized representative is deemed service of notice to Assesse if Assessee was not available to receive the same on Several Occasions

May 8, 2018 1551 Views 0 comment Print

Income Tax Officer Vs. Dharam Narain (Supreme Court of India) 1. By the impugned order, the High Court has quashed the notice dated 16th October, 2006 issued under Section 143(2) of the Indian Tax Act, 1961 to the respondent– Assessee by allowing the writ petition filed by the said Assessee. Aggrieved, the Revenue is in […]

18% GST Payable on Liquidated Damages for delay In Power Project: AAR

May 8, 2018 25299 Views 1 comment Print

Whether GST is applicable on Liquidated Damages in case of Operation & Maintenance activities and Construction of new power plants or renovation of old plants Or is applicable in both cases?

Taxability of amount received by an employee from redemption of Stock Appreciation Rights

May 8, 2018 3759 Views 0 comment Print

In the instant case, the fundamental question which arises for consideration before this Court is with regard to the taxability of the amount received by the Respondent on redemption of Stock Appreciation Rights (SARs.)

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