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Oct 16, 2012

Service tax paid on maintenance of garden eligible for input service credit

Tribunal cannot consider validity of retrospective amendment

Posted: 16 Oct 2012 06:13 PM PDT

The validity of a provision cannot be considered or adjudicated upon by the Tribunal constituted under the Act. Section 260A provides for an appeal from every order passed by the Appellate Tribunal. If it involves a substantial question of law, such question of law should arise from the order of...

Service tax paid on maintenance of garden eligible for input service credit

Posted: 16 Oct 2012 05:47 PM PDT

Landscaping of factory or garden certainly would fall within the concept of modernization, renovation, repair, etc. of the office premises. At any rate, the credit rating of an industry is depended upon how the factory is maintained inside and outside the premises. The Environmental law expects the...

No specific provisions for giving any opportunity to the assessee before reference to TPO

Posted: 16 Oct 2012 03:03 AM PDT

It is for the AO when he considers it necessary or expedient so to do, he may refer the computation of arm's length price in relation to the said international transaction under section92C to the Transfer Pricing Officer. It was argued by Ld. DCIT (DR) Mr. Tarsem Lal that the Ld. counsel for the...

To revise claim made in Original Return filing of revised return is must

Posted: 16 Oct 2012 02:56 AM PDT

Apex Court in the case of Goetze (India) Ltd. v. CIT [2006] 284 ITR 323 has clearly held that for making a claim other than what was originally made in return of income, filing of a revised return is mandatory. Neither the A.O. nor the CIT(Appeals) have considered these fundamental aspects...

Splitting of cash payment to circumvent the provisions of law attracts Section 40A(3)

Posted: 16 Oct 2012 02:51 AM PDT

It is very clear that the assessee consciously split up the payments in whole of the year, which is impracticable, illogical as noted above and it was done just to circumvent the provisions of law. There was no justification for the assessee to split up the transactions of crores of rupees in small...

AO cannot reject stay application without apply his mind to facts & circumstances of case

Posted: 15 Oct 2012 10:14 PM PDT

It is a cardinal principle of construction that when a legislation confers power, its amplitude cannot be cut down by instructions or rules or regulations made by subordinate authorities. Instructions and Rules can only supplement but can never supplant or limit the width of the statutory powers....

In Computing ALP under CUP method , geographical market has to be kept in mind

Posted: 15 Oct 2012 10:05 PM PDT

Assessee in its transfer pricing study to TPO stated that it has selected CUP method as the primary method in AL analysis. It was also stated that the rate charged to its AEs are same to the rates charged to independent third party who operate in the same geographical region availing similar...

Exemption U/s. 11 cannot be denied for Acceptance of Shares as Corpus fund & Utilisation of its sale proceeds towards donation to Corpus of other trust

Posted: 15 Oct 2012 09:59 PM PDT

Corpus donation could not be considered as general donation in AY 2006-07 and 2007-08, merely on the ground of its utilisation in AY 2008-09 for giving corpus donation to other charitable institutions. Further, as per instruction No. 1132/CBDT dated 05.01.1978, it has been clarified that the...

Framing of additional question of law by HC not tantamount to review of order

Posted: 15 Oct 2012 09:56 PM PDT

Proviso of sub-section 4 to section 260 is an exception giving High Court a judicial discretion to frame additional substantial question of law during the course of hearing. The language used by the legislature in the proviso is quite clear and does not suffer from any ambiguity.

Nominee Director too liable to file statement of Affairs in case Company is in Liquidation

Posted: 15 Oct 2012 09:47 PM PDT

The ratio of the judgment in Beejay Engg. (P.) Ltd., In re [1983] 53 Comp. Cas. 918 (Delhi) as also as is evident from the definition of a director under section 2(13) no distinction has been made between a nominated director or any other director. Thus, the first argument propounded by the...

Principal-agent relationship to be examined, before taxing global shipping income in agent's hand

Posted: 15 Oct 2012 08:34 PM PDT

In the instant case, the assessee is a resident assessee. It is not borne out of record as to whether the 'UK company' is a resident assessee or non-resident assessee. Though the assessee claims that it is acting only as an agent of the 'UK company', yet the said claim has not been verified and...

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