Subscription   Feedback   New User   Login      
Tax Management India .com
TMI - Tax Management India. Com
Articles Highlights TMI Notes SMS News Newsletters Calendar Imp. Links Database Experts Contact us More....
Extracts
Home List
← Previous Next →

PIONEER RUBBER PLANTATION NILAMBER KERALA STATE Versus STATE OF KERALA

C.A. 106 of 1982 - Dated:- 24-8-1992 - Kania, M.H., Thommen, T.K., And Sawant, P.B. For the Appellants : T.S. Krishnamurthi Iyer, G. Viswanatha Iyer, S. Sukumaran, J.B. Dadachanji, Baby Krishnan, K. Prabhakaran, Devan and E.M.S. Anam. For the Respondents : A.S. Nambiar and K.R. Nabiar JUDGMENT: THOMMEN, J. A common question arises in all these cases. Are lands set apart in the estates in question for growing firewood trees such as eucalyptus or redgum to be used as fuel for the purpose of manufa .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

in the State in term of the Act. The High Court rejected the contention of the appellants to the contrary. We shall now read section 2(f)(i)(B):- "2. In this Act, unless the context otherwise requires,- (f) private forest' means - (1) in relation to the Malabar district referred to in sub- section (2) of section 5 of the States Reorganization Act, 1956 (Central Act 37 of 1956)- (i) any land to which the Madras Preservation of Private Forests Act, 1949 (Madras Act XXVII of 1949), applie .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

rpose ancillary to the cultivation of the crops or for the preparation of the same for the market so as to be excluded from the definition of private forests' which vested in the State. It is not disputed that large quantities of firewood are essential as fuel for the manufacture of tea or rubber and certain areas in the estates generally set apart for growing firewood trees like Eucalyptus or redgum. It is also not disputed that large number of persons are employed in the estates where quar .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

nt their vesting in the State in terms of the Act. This was the view that was followed in the impugned judgments. Significantly, however, a Bench consisting of five Judges of the Kerala High Court subsequently considered this very question in the State of Kerala v. Moosa Haji, (1984) KLT 494, apparently because the law laid down in the earlier decisions on the point was doubted. The larger Bench expressed the view that it was essential for an estate to grow firewood trees for the purpose of fuel .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

cisions of the High Court, the learned Judges of the larger Bench held that a reasonable area set apart of growing firewood trees for the purpose of fuel in the smoke- houses or factories could be excluded from private forest's. Such areas, they held, qualified as lands used for the preparation of the (crops) for the market'. Referring to the need for growing firewood trees in an estate, the larger Bench of the High Court observed :- "A practice or custom had thus grown up with the .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

cultivation' in S.2(f)(1)(i)(B) of the Vesting Act was deliberately kept wide by the legislature, because it knew that there were recognised uses' other than those specifically enumerated in the Explanation. The object of the Act is to improve the lot of the rural population, and it should have been far from the mind of the legislators to deprive estate employees of the facilities they were enjoying at the commencement of the Act. Supply of fire-wood employees in accordance with the indu .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ncillary to the cultivation of plantation crops'. That decision was rendered in a case arising from the ceiling provisions are almost identical. We cannot therefore permit ourselves to be swayed by the reasoning of counsel, and we are bound to hold that the claim under this sub-head is impermissible." This observation indicates that the larger Bench of the High Court might have come to the opposite conclusion as regards fuel for the employees had it not been for a certain observation of .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

High Court at some length to show that the final view which the High Court has taken subsequent to the impugned judgments supports the contentions of the appellants' counsel as regards fuel for the smoke-houses and factories. We shall now refer to the observation of this Court in Ammad [1979] 3 SCR 839. It is important to remember that the question regarding fuel was not one of the main point which arose for consideration in Ammad. The main points of controversy in that case are correctly s .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ith reference to the ceiling area in force on the date of the transfer or in accordance with the ceiling area prescribed by Act 35 of 1969 - whether sub-section (3) of s. 84 was retrospective in operation". These three points are in no way connected with the point in issue in the present cases. That judgment was rendered in a batch of cases and one of the questions which incidentally arose was as regards firewood trees grown in the estates. That question arose in C.A. No. 227 of 1978, and i .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

land can be set apart as fuel area for the purpose of smoke-houses and factories in the estates and such area qualifies for exemption under section 2(f)(1)(i)(B) of the Act. At the same time, the incidental observation of this Court in Ammad cannot be taken as an authority to disqualify for exemption a reasonable area meant to supply fuel to the employees living in the estate quarters. We agree with the learned Judges of the larger Bench of the Kerala High Court that it would not be in accordanc .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

re of the concerned employees, it is necessary that a liberal and purposive construction should be put on the section. A perusal of the definition of Private Forests contained in clause (f) of section 2 of the Kerala Private Forests (Vesting and Assignment) Act, 1971 shows that lands which are used principally for the cultivation of tea, coffee, cocoa, rubber, cardamom or cinnamon and lands used for any purpose ancillary to the cultivation of such crops or for the preparation of the same for the .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

e feasible for the employees to secure heating material to keep warm and for domestic purposes. The entire purpose of exclusion of the items set out in the foregoing paragraph from the scope of the definition of Private Forest seems to be not to hinder or create any difficulty in the functioning of plantations of tea, coffee, cocoa, rubber, cardamom and cinnamon as viable commercial enterprises. In these circumstances, it appears reasonable that the minimum area required for the purpose of growi .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

he claim of the appellants. However, where evidence had been led to show that firewood was steadily and adequately available in the market at reasonable rates for use of the factories or smoke-houses as well as for supply to the workers of a particular plantation, in such a case no land could be excluded from the definition of the private forest on the ground that it was required for growing firewood trees for the purpose of the estate as well as for the workers. That, however, is not the positi .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

adily available in the market at reasonable prices, such lands, in our view, qualify for exemption under section 2(f)(1)(i)(B) of the Act as "lands used for any purpose ancillary to the cultivation of such crops or for the preparation of the same for the market". This principle, in our view, must hold good in relation to all crops mentioned under the aforesaid provision. The Tribunal shall merely ascertain as to what is the minimum reasonable area of land required for growing firewood .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

s are mentioned by the larger Bench of the High Court in the following words :- "32. The next point is what area of the jungle land could be excluded on the above basis? A precise assessment will almost be impossible, because the quantum of fire-wood needed for Smoking purpose will depend on the volume of rubber to be processed,the yield of the trees, the quality of the wood and other factors. The best solution seems to be to make an approximate assessment as was made by the Taluk Land Boar .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

Appeal Nos.106-107 of 1982; the Forest Tribunals, Palghat with respect to Civil Appeal No.2050 of 1981; and the Forest Tribunal, Calicut with respect to Civil Appeal Nos. 557-61 & 1214-18 of 1981. The tribunals shall determine the extent of the land required, as aforesaid, for fuel for the smoke- houses or factories as well as for the employees in the estates. The appeals are allowed in the above terms. We do not, however, make any order as to costs. SAWANT,J. I have gone through the judgeme .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

reinafter referred to as the "Act"). In order to appreciate the controversy, it is necessary to understand the scheme of the Act. 3. As the preamble of the Act state, private forests in the State of Kerala are agricultural lands and the Government considered that such agricultural lands should be so utilised as to increase the agricultural- production and to promote the welfare of the agricultural population in the State. It is with a view to give effect to this objective that it was f .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

tes Reorganisation Act,1956 (Central Act 37 of 1956) (i) any land to which the Madras Preservation of Private Forests Act,1949 (Madras Act XXVII of 1949) applied immediately before the appointed day excluding- (A) lands which are gardens or nilams as defined in the Kerala Land Reforms Act,1963 (1 of 1964); (B) lands which are used principally for the cultivation of tea, coffee, cocoa, rubber, cardamom or cinnamon and lands used for any purpose ancillary to the cultivation of such Crops or for th .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

enient enjoyment or use of such buildings; (ii) any forest not owned by the Government, to which the- Madras Preservation of Private Forests Act,1949 did not apply, including waste lands which are enclaves within wooded areas. (2) in relation to the remaining areas in the State of Kerala,any forest not owned by the Government, including waste lands which are enclaves within wooded areas. Explanation. For the purposes of this Clause, a land shall be deemed to be a waste and nothwithstanding the e .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

lding or structure standing thereon or appurtenant thereto. The explanation to sub-section (2) states that 'cultivation'would include cultivation of trees or plants of any species. Likewise, sub-section (3) of Section 3 excludes so much extent of private forests held by an owner which is held by him under a valid registered document of title executed before the appointed day and intended for cultivation by him which together with other lands held by him does not exceed the extent of the .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

Kerala Forest Act so long as they remain vested in the Government. Section 8 provides for settlement of disputes which arise with regard to (a) whether any land is a private forest or not and (b) whether any private forest or portion thereof is vested in the Government or not. The said dispute is to be resolved by the Tribunal constituted under Section 7 of the Act. An appeal against the said decision of the Tribunal lies to the High Court under Section 8 A of the Act. Section 9 of the Act stat .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

population or for purposes ancillary thereto and secondly, for assigning on registry or lease, the remaining private forests or the lands comprised in private forests to (a) agriculturists, (b) agricultural labourers, (c) members of scheduled castes or scheduled tribes who are willing to take up agricultural as the means of their livelihood, (d) unemployed young persons belonging to families of agriculturists and agricultural labourers who have no sufficient means of livelihood and who are will .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

e publication of the Act. Section 13 bars jurisdiction of civil courts to decide or deal with any question or to determine any matter which is required to be decided or dealt with or to be determined by the tribunal, the custodian or any other officer. Section 15 provides for the constitution of an Agriculturists Welfare Fund to be utilised for the settlement and welfare of persons to whom private forests or lands comprised in private forests have been assigned. It is not necessary to refer to t .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

The aforesaid objectives and the provisions of the Act help us- construe the provisions of Section 2(f)(1)(i)(B) of the Act which fall for consideration in the present case. What is meant by "ancillary to the cultivation" has been explained by the Explanation to sub-clause (B) which shows that the lands for the construction of office buildings, godowns, factories, quarters for workmen, hospitals, schools and playgrounds shall be deemed to be lands used for purposes ancillary to the cul .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ng of the said word ? It is true that the Explanation deems land used for schools, hospitals and playground meant for the workers as land ancillary to cultivation of the crops. But precisely because the said purposes are remotely or mediately connected with the cultivation of the crops in question that they are specifically mentioned in the Explanation. It also further appears that the needs of education, medical facilities and sports cannot otherwise be satisfied locally where the workers are r .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

rown on the estate and made available to the workmen, they will have no supply of fuel-wood or of any other fuel, making it impossible for them to live in the estates of and work there. In the absence of such finding on record, it is not possible to concede the said claim on the ground that the land is used for a purpose "ancillary to the cultivation of the crop" in question. Similar is the case with regard to the claim for exemption, from the provisions of the Act, of land allegedly r .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

rpose. The land needed for the smoke-house is admittedly exempted from the Act. The exemption sought is for the land needed to grow trees,the timber of which can be used as fuel in the smoke-house. The fuel, it is claimed is necessary for drying the crop to prepare it for the market. Apart from the fact that the relationship between the land required for growing fuel trees and preparation of crops for the market is remote, the absolute need for the land for the purpose as stated above, is not pr .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

d that the what is not included is deemed to have been excluded. Hence in the case of claim for land for growing trees for fuel for the workers, it is necessary to first prove that fuel-wood is actually grown in the estate and secondly,that but for the locally grown fuel, the workers will go without fuel of any kind making it impossible for them to work on the estate. In the case of land claimed for growing trees for fuel for smoke-houses, it is likewise necessary to prove that fuel is being gro .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

only lead to increase in the cost of production necessitated by appropriate increase in wages of the workers and by use of such fuel in the smoke-house. Such higher cost if any, may be taken care of by the market or by suitable crops. That cannot be a consideration for exemption of the land from the provisions of the Act. In Civil appeal Nos.106-107 of 1982, before the Forest Tribunal the applicant was the present appellant. The appellant had made two claims. One related to the land allegedly pl .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

land was being accepted. As regards the second claim, the Tribunal found that no land had been specifically earmarked or allotted to the appellant as ancillary land; there was a play-ground, smoke-house and workers' quarters in the estate, though the accommodation required by the labourers was not sufficient for accommodating all the labourers. The Plantation Officer had issued a notice to provide quarters to all the labourers. The Tribunal, in the circumstances, found that the land for pro .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

structing sufficient number of quarters to accommodate all the labourers. Against this decision of the Tribunal, both the present appellants and the respondent-State Government had preferred appeals to the High Court which in paragraph 3 of its judgment observed as follows: "The Forest Tribunal found on the plea for exclusion of 44 acres as ancillary land that so much extent of land was not required for the purpose of planting trees to be used as firewood and for construction of quarters of .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

quarters in future. The- High Court rejected the claim for both on the ground that the Act did not envisage exemption of land for the purpose of construction of quarters and for growing fuel trees in future. According to the High Court, the Act envisaged the exemption of the land which was being used for such purposes on the appointed day, viz., 10th May,1971. The High Court also gave an additional reason for rejecting the said claim pointing out that there was no claim for exclusion of any spe .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

he Government was that the lands claimed were never brought under cultivation at any point of time and that since the lands were six miles away from the rubber estate, they did not form part of the estate. The Tribunal allowed the said claim. On appeal by the State Government, the High Court rejected the claim relying upon a decision of the Full Bench in state of Kerala v. Malayalam Plantations Limited, (1980) KLT 976 (FB). In Civil Appeal Nos. 557-61 and 1214-18 of 1981 the crop involved is tea .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

rea was specified. The Tribunal allowed the claim of the petitioners. However, in appeal before the High Court by the State Government, the High Court relying upon a decision of this Court in Chettiam Veettil Ammad and another, etc. etc. v. Taluk Land Board and others, etc. etc., AIR 1979 SC 1573 pointed out that supply of fuel wood could not be said to be a purpose ancillary to the cultivation or plantation of crops. The High Court repelled the contentions of the present appellant that Eucalypt .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

he certificate was not asked for and granted on the ground that the land was required for a purpose mentioned in Section 2(f)(1)(i)(B) of the Act. These are the facts in different appeals before us. It is, therefore, clear as far as the facts involved in the appeals before us are concerned, the question whether the land was needed for the purpose for which it was claimed viz., for growing fuel wood for supplying to the workers and to the smoke-house as stated earlier, had not been considered and .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

nt was not dealt with by the Forest Tribunal. The High Court did not think it necessary to consider the said contention because of its finding that the land required for such purpose could not be said to fall within the scope of Section 2(f)(1)(i)(B) of the Act. The High Court in support to its view that the land required for growing fuel-wood for supplying it to the workers or for using in the smoke-house did not fall within the scope of Section 2(f)(1)(i)(B) of the Act, as stated above, has al .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

It was not a decision under the Act which falls for consideration before us. This Court by the said common decision had disposed of a large number- of civil appeals arising under that Act. The controversy related to three main points which were as follows: "1. Whether lands converted into plantations between April 1, 1964 and January 1, 1970 qualify for exemption under Section 81 (1)(a) of the Act? 2. Whether a certificate of purchase issued by the Land Tribunal under Section 72K of the Ac .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

oints 1 and 3 and then proceeded to examine the merits of each of the appeals with regard to Point No. 2 where the said point was raised. Only in two appeals, viz., C.A. No. 2811 of 1977 and C.A. No. 227 of 1978 dealt with in paragraphs 53 and 54 respectively of the decision, the claim for the exemption of land used for growing fuel fell for consideration under that Act and this is how the Court dealt with the said claim in the two appeals: "C.A. No. 2811 of 1977 ....................... 53. .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

t and is dismissed. C.A. No. 227 of 1978 ..................... 54. The controversy before us relates to exclusion of 'fuel area' and 'rested area'. The Company has claimed that it has planted red gum as fuel in 924.01 acres as it was required for the 'manufacture of tea'. The Taluk Board found it to be an exhorbitant claim and reduced it to 200 acres, but the High Court has restored the entire claim. The General Manager of the Company has stated that firewood is being sup .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

t was an area from which crop was not gathered at the relevant time. If that had been so, it might have been an area within the plantation. In fact it appears from the order of the Board that no other estate had made any such claim. The appeal is therefore allowed to the extent that the Board's decision is restored in both these matters." It will be apparent that in C.A. No. 2811 of 1977 the Court held that there was a finding of fact against the appellant-Company and that the land used .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

manufacture of tea. The General Manager of the Company, however, had stated that firewood was being supplied to the employees free of cost. This Court held that on the General Manager's statement the earlier claim for exemption, viz., that the area was required for manufacture of tea, stood belied. But the Court also further held "moreover supply of fuel-wood cannot be said to be a purpose 'ancillary to the cultivation of plantation crops." The Land Board, as is clear from the .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

the Board's decision is restored in both these matters". It would thus appear from the said discussion that after having held that supply of fuel-wood could not be said to be a purpose ancillary to the cultivation of plantation crops, the Court merely proceeded to restore the finding of the Land Board on the ground that the High Court's interference with the Board's finding whereby the Board had disallowed the claim for exemption of certain acreage was not justified. Thus from .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 

what is new what is new
  ↓     Latest Happenings     ↓  

News: Notification Issued For GST Actionable Claim On Branded Food Products

News: GST Refund - Blockage of Working Capital of Exporters - earlier also there was a normal blockage of funds for a period of 5-6 months at least

News: Clarification about Transition Credit - ₹ 1.27 lakh crore of credit of Central Excise and Service Tax was lying as closing balance as on 30th June, 2017 - claim of credit of ₹ 65,000 crore is not unexpected

Article: 20 Things You must know about E Way Bills in GST Law

Article: MISTAKES IN DRAFTING

Forum: Duty Drawback- Urgent

Highlight: The Customs and Central Excise Duties Drawback Rules, 2017 and All Industry Rates (AIRs) of Drawback related changes -reg. - Circular

Highlight: The definition of "subsidiary company" or "subsidiary" u/s 2(87) of the Companies Act, 2013 shall come into force w.e.f. 20-9-2017

Highlight: Central Government notified the All Industry Rates of Duty Drawback Schedule w.e.f. 1.10.2017 - Notification

Notification: All Industry Rates of Duty Drawback Schedule w.e.f. 1.10.2017

Circular: Investment by Foreign Portfolio Investors in Corporate Debt Securities Review

Notification: Exemptions on supply of services under UTGST Act

Notification: Rates for supply of services under UTGST Act

Notification: Exemptions on supply of services under IGST Act

Notification: Rates for supply of services under IGST Act

Notification: List of Exempted supply of services under the CGST Act

Notification: Rates for supply of services under CGST Act

Highlight: Acceptance of deposits by companies from its members - conditions relaxed in case of Specified IFSC Public company and a private company - Rule 3 amended

Notification: Rate of exchange of conversion of the foreign currency with effect from 8th September, 2017

News: Tax Payers Advised To Confirm Identities Of Income Tax Search Authorities

Notification: Amendment in Appendix 3 (SCOMET items) to Schedule- 2 of ITC (HS) Classification of Export and Import Items 2012

Forum: GST Invoice

Notification: The Customs and Central Excise Duties Drawback Rules, 2017

Circular: The Customs and Central Excise Duties Drawback Rules, 2017 and All Industry Rates (AIRs) of Drawback related changes -reg.

News: GST implementation smoother than expected: Jaitley

Forum: GST - TRAN1 - filed - Data uploaded with Remarks Processed with Error - Not coming in Electronic credit ledger - need suggession guidance

Forum: 3B mistake

Forum: Input tax credit

Forum: Excise duty credit on finished stock at additional place of business.

Forum: Due date of Filing TRAN-1

Highlight: Diversion of income at source - Joint venture agreement - 97% of the receipt transfer to M/s TRG Industries (P) Ltd. - scope of the agreement - it is diversion by overriding title - not taxable in the hands of assessee - HC

Highlight: Expenditure on eligible projects or schemes u/s 35AC - After 01.04.2017 the legislature desired to withdraw such deduction. - The Union legislature was competent to introduce such amendment - HC

Highlight: Transfer of trading assets at cost price, the profit component also stood transferred to the outgoing Directors, which otherwise belonged to the Company - the fact that AO has made the addition in the hands of the Directors would not make any difference - additions confirmed - HC

Highlight: The interest u/s 234B of the Act cannot go beyond the stage of S.245D(I) before the Settlement Commission - HC

Highlight: Galvanized iron pipe is a different commercial commodity than a iron pipe, therefore the activity of galvanization in our considered opinion amounts to manufacture - Deduction u/s 80-IB allowed - HC

Highlight: Penalty u/s 271C - non deduction of TDS on interest paid to sister concerns in terms of Section 194A - Levy of penalty confirmed - HC

Highlight: Disallowance of interest - reference to section 179 - The legislature has also recognised, that the doctrine of lifting of veil in the matter of tax dues is to be applied to prevent fraud etc. and not where the company has suffered despite its normal bona fide function. - HC

News: RBI Reference Rate for US $

Notification: Amendment in Notification No. S.O. 3118(E), dated the 3rd October, 2016

Highlight: Discount on ESOP to be allowed as business expenditure u/s 37(1), during the years of vesting on the basis of percentage of vesting during such period, subject to upward or downward adjustment at the time of exercise of option.

Notification: Central Government appoints the 20th September, 2017 as the date on which proviso to clause (87) of section 2 of the Companies Act 2013, shall come into force

Notification: Companies (Restriction on number of layers) Rules, 2017

Highlight: Penalty u/s 271(1)(c) - additional income disclosure - surrender of income post survey u/s 133A - he disclosure made by the assessee is voluntary in nature, in the revised return - no penalty

Highlight: Reopening of assessment - notice u/s 148 issued on the directions of JCIT / CIT - a perusal of reasons for initiating reassessment proceedings clearly show that they are against the sprit of provisions u/s 147

Highlight: MAT - Adjustment to book profit - computation u/clause (f) of Explanation-1 to section 115JB(2) is to be made without resorting to the computation as contemplated u/s 14A r.w.Rule 8D of I.T. Rules.

Highlight: Addition on account of alleged suppression of service value received - the addition made simply believing the Form 26AS will be an arbitrary exercise of power which cannot be sustained

Notification: Exempts intra state supply of heavy water and nuclear fuels from DAE to NPCIL

Notification: Seeks to amend notification No. 12/2017-UTT(R) to exempt right to admission to the events organised under FIFA U-17 World Cup 2017

Notification: Seeks to amend notification No. 11/2017- UTT(R) to reduce CGST rate on specified supplies of Works Contract Services

Highlight: Liability to pay duty on import of software - Though no authorization was given by the appellant to DHL, it is an undisputed position that the software has, in fact, been ordered by the appellant and have been delivered to them by DHL - the appellant is to be considered as the importer



|| Home || Acts and Rules || Notifications || Circulars || Schedules || Tariff || Forms || Case Laws || Manuals ||

|| About us || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members || Site Map ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version