Source of Income of Public Servant or Ostensible Owner - Addl. CIT - Abuse of official position, as public servant - possession of disproportionate assets - It is argued that the prosecution has to prove its case beyond reasonable doubt and once the prosecution succeeds in doing so, the appellants may discharge the onus merely by the standard of preponderance of probabilities - prosecution of public servants with non-public servants - offences punishable under section 13 (2) read with 13(e) of t... ... ...

Levy of tax - sale of food and beverages - documentary evidence - Revenue's challenge is only on the ground that the assessee could not produce the documentary evidence which is required for not taxing the consideration towards the sale of food and beverages as per the Board Circular B1/6/2005-TRU dt. 27.07.2005 - Held that: - the Commissioner (Appeals) had dropped the demand of Rs. 15,41,486/- on account of sale of food and beverages, considering the documents such as VAT Returns, Bar Room Sale... ... ...

The Krishi Kalyan Cess (KKC) is a 0.5% levy on the value of all taxable services, effective June 1, 2016, aimed at financing agricultural and farmer welfare initiatives. This cess increases the overall service tax rate from 14.5% to 15%. KKC is applicable under both the Reverse Charge Mechanism and Partial Reverse Charge Mechanism, but not on services exempt under the Negative List or specific notifications. Cenvat credit for KKC is available only to service providers. The article discusses the implications of KKC on ongoing transactions, clarifying its applicability, and providing guidance on tax planning under the new levy.

Inclusion of Royalty as income for the purposes of determination of operating profit - whether it did not form part of the income of the assessee and similarly payment thereof is also requires to be excluded as it is not the operating expense of the assessee - Held that:- As per the Master License agreement and franchises agreement, the assessee has to pass on the entire royalty which it has to receive from franchises and there is no income left to the assessee as per this Master License Agreeme... ... ...

For making adjustments u/s 92C(3)(a) to (d), AO need not required to demonstrate before the assessee - The provision of Sec 40A is not applicable here - Further tribunal decided upto the matter related to "ARM'S LENGTH PRICE" and nature of amount paid as advance under lease agreement etc.... ... ...

The SC/Tribunal addressed multiple tax issues for a real estate developer. Key outcomes include: (1) service centre income classified as business income, not house property; (2) interest expense apportionment based on area let out allowed; (3) no section 14A disallowance without exempt income; (4) sales promotion expenses treated as revenue expenditure under section 37. The revenue's appeals were comprehensively dismissed, with the Tribunal emphasizing consistent legal interpretation and factual nuances.

The Authority determined that the respondent had profiteered 12,79,304 by failing to pass on Input Tax Credit benefits through commensurate price reductions after GST implementation, violating Section 171(1) of CGST Act. The respondent's arguments regarding increased raw material costs and investigation defects were rejected. The Authority ordered the respondent to refund the profiteered amount to the applicant with 18% interest, but did not impose penalties under Section 171(3A) as these provisions came into effect after the violation period. The Karnataka CGST/SGST Commissioners were directed to monitor compliance with the order.

Constitutional validity of amendment - discrimination within the works contractors - discrimination between the dealers who purchase goods within the State and outside the State/country - Constitutional Validity of amendment introduced by Act 21 of 2007 retrospectively with effect from 01.01.2007 to Section 6 of the Tamil Nadu Value Added Tax Act, 2006 (Act 32 of 2006) - ultravires Articles 14, 19 (1) (g), 20, 301 and 304 (a) of the Constitution of India or not - constitutional validity of Secti... ... ...

Addition u/s. 35D OR section 37 - HELD THAT:- Appellant has incurred the expenditure for improving its coal logistic and the genuineness whereof has not been doubted by the AO when the said expenditure is allowable as revenue expenditure in one year without differing the same for a further period of 5 years or so on. The nature of expenditure was for the improvement of regular day-to-day working of the assessee-company and wholly and exclusively for the business purpose. Entire expenditure ought... ... ...

TP Adjustment - upward adjustment on account of reimbursement of marketing, advertisement and brand promotion - HELD THAT:- We find identical issue had come up before the Tribunal in assessee s own case in the immediately preceding assessment year, after considering the rival arguments made by both the sides had restored the issue to the file of the AO/TPO for fresh determination of the issue as held TPO did not have the benefit of the Special Bench order in the case of LG Electronics [ 2013 (6)... ... ...

Addition on account of commission - assessee paid commission to the agents in the post-paid segment of its business - Held that- The assessee furnished necessary details and also Form no.16As in respect of major payments - DRP deleted the addition by relying on the order passed for the A.Ys. 2000-01 to 2008-09 in the case of sister concern of the assessee. The Revenue assailed the said order passed by the first appellate authority before the Tribunal. In DCIT vs. Vodafone Mobile Services Ltd. (2... ... ...

Here's a concise summary of the notification:This notification details the Central Goods and Services Tax (CGST) rates for various services across different sectors. Key highlights include:1. Specifies tax rates for services ranging from 0.75% to 14%, depending on the service category.2. Provides detailed guidelines for construction services, particularly for real estate projects, with specific rates for:- Affordable residential apartments- Non-affordable residential apartments- Commercial apartments3. Includes provisions for input tax credit calculations for real estate projects, with complex methodologies for determining eligible credits.4. Covers service categories like:- Transportation- Accommodation and food services- Passenger transport- Goods transport- Rental services- Professional services5. Includes explanatory notes defining terms like "promoter", "residential apartment", and "ongoing project".6. Provides specific conditions and exceptions for tax rates in different service scenarios.The notification aims to provide a comprehensive framework for GST taxation of various services, with nuanced rates and conditions tailored to different sectors.

The 9th GST Council meeting on January 16, 2017, chaired by the Union Finance Minister, focused on several key issues. Presentations were made by the Power Sector on GST's impact, highlighting potential cost increases and suggesting GST rate structures. The Council confirmed minutes from the previous meeting and discussed cross-empowerment to ensure a single interface under GST, agreeing on a division of taxpayers between Central and State administrations. The Council also addressed the classification of sales within twelve nautical miles and decided on a GST rollout date of July 1, 2017. The next meeting was scheduled for February 18, 2017.

Corporate Tax matter Service income - Income from other sources or not – Held that:- Following ITO, Ward 18 (4), New Delhi Versus Yum! Restaurants (India) Private Ltd. [2014 (4) TMI 532 - ITAT DELHI] - the word “business” is one of wide import and which means an activity carried out continuously and systematically by a person by the application of his labour and skill with a view to earn income - the assessee is receiving the income from parent company i.e. YRI and not making payment to it – the... ... ...

The article discusses recent changes in Indian service tax law during 2013-14, highlighting amendments through notifications, circulars, and case laws. It outlines the introduction of arrest powers for tax evasion exceeding INR 50 lakh, with specific conditions and procedures. Key notifications include exemptions for certain services and changes in definitions affecting tax liabilities. Circulars clarify tax applicability on activities like rice processing and services by Resident Welfare Associations. Important case laws address issues such as service tax on composite contracts, Cenvat credit utilization, and reimbursable expenses. The article emphasizes the need for assessees to stay updated to ensure compliance and avoid disputes.

The article examines the impact of indirect taxes, particularly central excise and service tax, on the food industry. It explains how agricultural produce undergoes various processes before consumption, with some activities classified as manufacturing, thus subject to excise duty. The article details the service tax implications for activities related to agriculture and food services, including restaurants and catering. It highlights that certain agricultural services are exempt from service tax under the negative list, while food manufacturing in restaurants is subject to both excise and service taxes. The article also discusses tax exemptions and the calculation of service tax in various scenarios within the food industry.

AP VAT - Once the work is assigned by the contract to its sub-contractor(s), main contractor ceases to execute the works contract because property passes by accretion and there is no property in goods with the contractor which is capable of a retransfer, whether as goods or in some other form. Therefore, the turnover of sub-contractor is not required to be included into the turnover of the main contractor.... ... ...

Demand, interest and penalty (service tax) – Alleged that they had deliberately concealed the value of taxable services and furnished inaccurate value by not including the value of SIM charges in the assessable value with intent to evade payment – Held the allegation is not correct and set aside the penalty... ... ...

Service Tax on advertising agents - (1) Legislative competence (2) Constitutional validity.... ... ...

The court upheld the validity of certain sections of the Kerala General Sales Tax Act but declared other provisions related to tax deduction at source and the compounded levy system as invalid. The court found that the provisions imposing a levy on the "whole amount" were not in accordance with the Constitution and were therefore invalid. The writ appeals were partly allowed, and no costs were awarded.