Case Laws-Direct Tax Laws -From Itat
Tribunal is not empowered to review its order in garb of rectification u/s 254(2) – The Tribunal has got the power of rectifying a mistake which is apparent from the record itself and even an error of judgment is outside the ambit of section 254(2) of the Income-tax Act, 1961 – Kailashnath Malhotra v. JCIT [MA No. 246/Mum/2007]
Income from convention centre run by a hotel company is exigible to expenditure tax – For the purpose of Expenditure Tax Act, 1987 the convention centre managed by a hotel is an exteasion of the hotel itself and therefore, rent collection from the convention centre shall be exigible for the levy of expenditure tax – Mfar Hotels Ltd. v. ACIT [ETA No. 01(Coch)/2008]
Unilateral remission or cessation of any liability by assessee will amount to obtaining of benefit for purpose of section 41(1) – Where the assessee-company has not only written off the trading liability in its books of account but also offered the same as its income in the return on the ground that it has ceased to exist, the said liability written off by the assessee is liable to be added to the total income u/s 41(1) of the Income-tax Act, 1961 – Aey Gee Bros v. ITO [IT Appeal No. 6472/Mum/2006]
Acit or Ddit can act as AO of an assessee only when they are conferred with such jurisdiction by CBDT – The authorities mentioned in the definition of AO in section 2(7A) of the Income-tax Act, 1961 must be assigned the jurisdiction by the CBDT under the provisions of section 120 to act as an Assessing Officer; only in that circumstances that Assistant Commissioner or Dy. Director of Income-tax, other authorities mentioned in the definition u/s 2(7A) can act as Assessing Officer – Rajeev Mewara v. Income-tax Officer [ITA No. 234/Ind/2007]
Reimbursable expenses is not includible in value of taxable services – Louis Berger International Inc. v CCE [Appeal No. E/205/08]
Availability of benefit of Notification No. 9/2003-ST to a Vocational Training Institute – The exemption under Notification No. 9/2003-ST dated 20-6-2003 is extended only to such vocational training institutes which impart skills which enable the trainees to obtain employment or undertake self-employment like in the case of a typewriting institute – Bio Campus GVK Bio Sciences (P.) Ltd. v. CCE [STA No. 42/2006]
Admissibility of Cenvat Credit on tippers – The provisions of rule 2(a) and 2(k) of the Cenvat Credit Rules specifically exclude motor vehicles i.e. tippers from the benefit of the credit either as capital goods or inputs, but for the specific situations as indicated therein – Ganta Ramanaiah Naidu v. CCE [Appeal No. ST/ 575/08]
Leviability of service tax on service of money transfer rendered from India to outside India – It is possible that export of service may take place even when all the relevant activities take place in India so long as the benefits of these services accrue outside India – Muthoot Fincorp Ltd. v. CCE [Appeal No. ST/493, 298/08]
Leviability of service tax on ERP implementation services under management consultancy service – Once a particular service is excluded from the scope of service tax where it normally is supposed to fall then it cannot be taxed under some other category – IBM India Pvt. Ltd. v. CCE [Appeal No. ST/422/07; ST/512 & 513/08]
Scope of ‘port service’ rendered by a C&F agent and steamer agent of a port area – The registration certificate or licence issued by the Port authorities for conducting business as a steamer agent or a C&F agent cannot be considered as the authorization envisaged in the definition of ‘port service’ – S. S. Maritime v. CCE [Appeal No. ST/206/08]
Competition Appellate Tribunal (Salaries and Allowances and Other Terms and Conditions of service of the chairperson and other members) Second Amendment Rules, 2009 – Amendment in rules 4, 7, 10, 11, 13, 14 and 19 – Notification No. G.S.R. 827(E), dated 16-11-20009
Prevention of Money-laundering (Maintenance of Records of the Nature and Value of Transactions, the Procedure and Manner of Maintaining and Time for Furnishing Information and Verification and Maintenance of Records of the Identity of the Clients of the Banking Companies, Financial Institutions and Intermediaries) Amendment Rules, 2009 – Amendment in rules 2,3,5,6,7,8,9 & 10 – Notification No. G.S.R. 816(E), dated 12-11-2009
Section 4 of the Securities Contracts (Regulation) Act, 1956 – Grant of recognition to Stock Exchanges – Renewal of recognition to Inter-Connected Stock Exchange of India Ltd, Navi Mumbai – Notification No. LAD-NRO/GN/2009-10/21/183195, dated 16-11-2009
Visit For More Information – http://www.taxmann.com
Taxmann Technologies (P) Ltd.
10/43 West Punjabi Bagh
New Delhi – 110026
