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Judiciary

A Government servant cannot hold two substantive posts at same time

April 13, 2016 5109 Views 0 comment Print

It is settled law that an employee on temporary promotion would continue to hold the lien in his substantive post until it is terminated. He cannot hold two substantive posts at the same time.

Principles of promissory estoppel or legitimate expectaion would not apply to allot shops by Municipality contrary to Rules of allotment

April 12, 2016 1326 Views 0 comment Print

1. These Writ Petitions have been preferred challenging the auction notice dated 10.6.2015 issued by the Nagar Panchayat, Bishrampur, as also for a direction to the respondent authorities to consider the petitioners’ cases for allotment of shops in the light of earlier decision taken by the Nagar Panchayat, with further prayer for a direction to […]

S.80IB-Subsidies for reimbursement of production cost are business income

April 12, 2016 5356 Views 0 comment Print

The Supreme Court held In the case of CIT vs. M/s Meghalaya Steels Ltd. that the Calcutta High Court in Merino Ply & Chemicals Ltd. v. CIT, 209 ITR 508 [1994], held that transport subsidies were inseparably connected with the business carried on by the assessee.

S.40A(3) No disallowance for genuine & bonafide cash transactions

April 12, 2016 7876 Views 0 comment Print

It is crystal clear that the terms of Section 40A(3) are not absolute and that the genuine and bonafide transactions are not taken out of the sweep and it is open to the assessee to furnish to the satisfaction of the AO, the circumstances under which the payment in the manner prescribed u/s 40A(3) was not practicable or would have caused to the genuine difficulty to the payee.

Catering charges should be included in Mandap keeper service

April 12, 2016 5128 Views 1 comment Print

It was held that in case of mandap keeper service, the catering charges (cost of buffet dinners) was not entirely excludable from the assessable value and therefore the appellant was eligible only for the benefit of abatement of 40% as per Notification No.12/2001-ST, dated 20.12.2001.

No service tax on notional interest of security deposit

April 12, 2016 4150 Views 0 comment Print

It was held that service tax is not payable on the notional interest accrued on the security deposit received on providing immovable property on rent.

Person detained in jail despite release order by appellate Court is entitled for compensation of his illegal detention for breach of his fundamental right under Article 21 of Constitution of India

April 11, 2016 711 Views 0 comment Print

Father of our Nation said: – “To deprive a man of his natural liberty and to deny to him the ordinary amenities of life is worse than starving the body; it is starvation of the soul, the dweller in the body.” “Mahatma Gandhi”

Service Tax on Services to or from Amalgamating Companies after appointed date

April 11, 2016 7135 Views 0 comment Print

It was held that In case of amalgamation of companies appointed date as per Amalgamation Scheme is required to be taken as the date of amalgamation and not the date on which entire formalities were completed and the service provided by assessee from the appointed date to Amalgamating Company is to be considered as provided to self, in which case, no service tax liability would arise against them.

Mere non-payment of duty is not equivalent to wilful misstatement

April 11, 2016 2983 Views 0 comment Print

It was held that mere non-payment of duties is not equivalent to collusion or wilful misstatement or suppression of facts, otherwise there would be no situation for which ordinary limitation period would apply.

Recovery proceedings Initiation before stay application disposal is illegal

April 10, 2016 3790 Views 0 comment Print

High Courtheld that the any action of revenue to recover taxes adopting coercive means is not permissible till the assessee’s application for stay under section 220(6) of the Act is disposed of. Further, an application for stay should be disposed off by a speaking order.

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