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Judiciary

Port Trust is a dealer liable to sales tax under Bombay Sales Tax Act 1954: HC

December 13, 2017 1593 Views 0 comment Print

judgment of the Supreme Court in Cochin Port Trust holds the field. We are accordingly of the view that the Port Trust falls within the definition of dealer and is liable to sales tax under the Bombay Sales Tax Act 1954.

Advance to Director for Sale of Land cannot be treated as Deemed Dividend

December 13, 2017 5154 Views 0 comment Print

Delhi bench of Income Tax Appellate Tribunal (ITAT) has recently held that advance given by a company to its Director/ substantial shareholder cannot be considered as deemed dividend for the purpose of section 2(22)(e) of the Income Tax Act.

Proceedings under Bihar VAT & IPC are Independent to each other: HC

December 13, 2017 2340 Views 0 comment Print

The Patna High Court, in a recent ruling, held that the prosecution in criminal law and proceedings arising under the Bihar Value Added Tax Act, 2005 are undoubtedly independent proceedings and, there is no impediment in law for the criminal proceedings to proceed even during the pendency of the proceedings under the Bihar Value Added Tax Act, 2005.

Geared Motor falls under HSN code 8501 attracting GST at 18%: AAR

December 13, 2017 23589 Views 1 comment Print

The applicant M/s. Power Build Private Limited has submitted that in manufacturing of ‘Geared Motors, Electric Motors are assembled with Gear Boxes manufactured by them. Commercially, a Gearbox cannot have any use without being rotated and coupled with motor affixed to it

GST AAR Ruling- Whether Pulses, processed dry fruits / Spices, Cereal are agriculture produce?

December 13, 2017 7422 Views 0 comment Print

The applicant, M/s. Guru Cold Storage Pvt. Ltd., has referred to notification No. 11/2017-Central Tax (Rate) dated 28.06.2017, which inter-alia provides rate of tax as NIL for ‘support services to agriculture, forestry, fishing, animal husbandry’, and submitted that in their opinion,

Selling of open car parking space not allowed: Maha-RERA

December 13, 2017 17730 Views 6 comments Print

The complainant, who is a resident in a completed building in the above registered project, has filed this complaint seeking directions of MahaRERA to the respondent to allow him to park his vehicle inside the compound wall of the building. The Complainant has further alleged that the Respondent is selling open car parking by collecting in cash without any documentation.

Advocate Fees based on a share in subject matter is professional misconduct & cannot be the basis of a Complaint U/s. 138 of NI Act: SC

December 13, 2017 8811 Views 0 comment Print

Mere issuance of cheque by the client may not debar him from contesting the liability. If liability is disputed, the advocate has to independently prove the contract. Claim based on percentage of subject matter in litigation cannot be the basis of a complaint under Section 138 of the Act.

Notice served by affixture without independent person being witness is invalid

December 12, 2017 9990 Views 0 comment Print

Rule 17 of order V of CPC mandates that an independent local person be the witness of service through affixture and for the purpose of having been associated with the identification of the place. However a perusal of the affixture report shows that there was no independent local person as a witness and there is no evidence that anyone identified the place as belonging to the assessee before such affixture.

Section 33BA: TDS not deductible on Interest on Site Restoration Fund

December 12, 2017 2580 Views 0 comment Print

While dismissing a departmental appeal, the Income Tax Appellate Tribunal, G bench held that the State Bank of India (SBI) s not bound to deduct tax at source on site restoration fund of ONGC and the interest paid on such fund.

For depreciation slump sale price needs to be bifurcated between tangible and intangible assets in a systematic manner

December 12, 2017 3486 Views 0 comment Print

After the slump price has been attributed first to the value of tangible assets, then the balance is to be attributed to intangible assets and once the same is done and whether it is under the umbrella of know-how, trademarks, patents or goodwill, it makes no difference since all these are covered under the umbrella of intangible assets, which are eligible for claim of depreciation under section 32(1)(ii) of the Act.

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