With a view to recover service tax dues pertaining to Kingfisher, Bombay High Court allowed auction of aircraft taken on ‘finance lease’ by Kingfisher but, in view of lessor’s contention that aircraft is lessor’s property, sale proceeds were directed to be deposited into Court HIGH COURT OF BOMBAY Mumbai International Airport (P.) Ltd. v. Commissioner… Read More »
HARYANA VALUE ADDED TAX (THIRD AMENDMENT) RULES, 2015 – SUBSTITUTION OF RULE 49A & INSERTION OF FORM VAT-CD1 AND FORM VAT-R13 NOTIFICATION NO.23/H.A.6/2003/S.60/2015, DATED 24-9-2015 Whereas the State Government is satisfied that circumstances exist which render it necessary to take immediate action in public interest; Now, therefore, in exercise of the powers conferred by sub-section… Read More »
Once Cabinet took a policy decision to extend its 2004 Industrial policy in matter of central sales tax concession to eligible units beyond 31-3-2009 upto 31-3-2013 and notification dated 29-5-2009, accordingly, having been issued by Department of Industries, thereafter Excise and Taxation department could not take a different stand subject ;Section 8 of the Central… Read More »
IMPLEMENTATION OF PROVISIONS OF CIGARETTES AND OTHER TOBACCO PRODUCTS (PROHIBITION OF ADVERTISEMENT AND REGULATION OF TRADE AND COMMERCE, PRODUCTION, SUPPLY AND DISTRIBUTION) ACT, 2003 (COTPA) AND CIGARETTES AND OTHER TOBACCO PRODUCTS (PACKAGING AND LABELLING) RULES, 2008 LETTER F.NO.221/09/2015-CX.6, DATED 1-9-2015 Kind attention is invited to rule 3(l)(a) of the Cigarettes and Other Tobacco Products… Read More »
Section 2(f) of the Central Excise Act, 1944 Facts of the Case Assessee was engaged in customization of motor vehicle as per requirement of customer .Department argued that as per chapter Note 3 of Chapter 87 body building/fabrication etc. on chassis amounts to manufacture; therefore, customization is also manufacture . Assessee argued that it was… Read More »
Prima facie, telecom service providers : (a) cannot take input or capital goods credit of credit of tower parts and shelters; however (b) may take credit of ‘Erection, Installation and Commissioning’ and ‘Commercial or Industrial Construction’ services used for erection and installation of towers and shelters HIGH COURT OF MADRAS Aircel Ltd. v. Commissioner of… Read More »
If purchase is effected from a single person by way of several bills/invoices and if value of each bill/invoice is less than Rs. 20,000 then payments made to settle each bill/invoice would not be hit by provisions of section 40A(3), as each bill/invoice has to be considered as a separate contract IN THE ITAT COCHIN… Read More »
Interest from fixed deposit of spare fund cannot be excluded from book profit for purpose of determining allowable deduction of remuneration paid to partners HIGH COURT OF GUJARAT Commissioner of Income-tax – III v. J.J. Industries AKIL KURESHI AND MS. SONIA GOKANI, JJ. TAX APPEAL NO. 316 OF 2013 APRIL 25, 2013 K.M. Parikh for… Read More »
Where in terms of partnership deed assessee-firm paid bonus to all partners including working partners, conditions prescribed under section 40(b) stood fulfilled and, thus, Assessing Officer could not disallow said payment in case of one partner holding that he was not a working partner IN THE ITAT JAIPUR BENCH Id. Mohd. Nizamuddin v. Assistant Commissioner… Read More »
Payment made to consultant doctors who were engaged through an agreement, could not be treated as salary liable to TDS under section 192 HIGH COURT OF ANDHRA PRADESH Commissioner of Income-tax (TDS) v. Yashoda Super Speciality Hospital KALYAN JYOTI SENGUPTA, CJ. AND MS. G. ROHINI, J. IT TRIBUNAL APPEAL NO. 196 OF 2013 JULY 4,… Read More »