It was held that it is a common knowledge that any insurance company is required to have chairs and tables to render services to their clients. The said tables and chairs are used for rendering services of general insurance, accordingly CENVAT credit availed on such furniture & fittings is allowed.
The ITAT bench of Mumbai in the above cited case held that investment in share capital of a subsidiary being an international transaction on capital account does not result in income as defined under section 2(24) of the Act, the Transfer Pricing provisions a would not be applicable to such transaction. Further, in the absence of thin capitalization rules, re-characterization of debt capital into equity or vice versa not allowed.
The brokerage paid to the third party has nothing to do with the rental income paid by the tenant for enjoying the property to the owner therefore brokerage cannot be said to be a charge that has been created in the property for enjoying the rights and at best it is only an application of income received/receivable from rent
In the case of Nirlon Ltd. Vs. Commissioner of Central Excise,Mumbai, it was held that CENVAT credit of goods and services used to build an immovable property can be availed when such property has been given on rent and service tax liability is discharged on such rent received.
Petitioners would assail the common order dated 07.03.2008 passed by the High Court of Chhattisgarh through its Registrar General transferring ST No. 148/99 (State v. Smt. Kiran Singh and Others) and ST No. 71/95 (sic 71/99) (State v. T.P. Ratre) along with one civil suit and two civil appeals from the Court of Shri L.R. Thakur, Second Additional District & Sessions Judge, Ambikapur (for short “the ASJ”) to the Court of District & Sessions Judge, Surguja at Ambikapur (for short “the SJ”) for re-hearing the cases in accordance with law.
Excellent question that emanates for consideration is, where recommendations made by Justice Shetty Commission and statutory Recruitment Rules namely the Chhattisgarh Higher Judicial Service (Recruitment and Conditions of Service) Rules, 2006, are at variance; which has to be followed in making selection and appointment for the post of District Judge (Entry Level).
Delhi High Court held In the case of DIT vs. New Skies Satellite BV that the Vienna Convention on the Law of Treaties, 1969 (VCLT) is universally accepted as authoritatively laying down the principles governing the law of treaties.
Bombay High Court held In the case of CIT vs. V.S. Dempo & Co. Pvt. Ltd. that section 44B enacts special provisions for computing profits and gains of shipping business in case of non-residents and section 172 is enacted for the purpose of levy and recovery of tax in the case of any ship belonging to or chartered by a non-resident operated from India.
ITAT Mumbai held in the case DCIT vs. M/s. ACC Ltd. held that AO is duty bound to follow instruction of The CIT (A) being very senior officer of the Department who also also performs quasi judicial functions. The AO has all the rights to challenge the order of the CIT (A) before the appropriate judicial forum, but he is not authorized to disobey the directions given by the CIT (A).
ITAT Mumbai held in the case ITO vs. Smt. Sudha Brijratan Damani that in the case of CIT v. P.S. Jain & Co. (2011) 335 ITR 591, Hon’ble Delhi High Court held that by passage of time, money value has gone down, the cost of litigation expenses has gone up, the assessees on the file of the Departments
