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Service Tax - Highlights / Catch Notes

Home Highlights July 2013 Year 2013 This

Differential income on stock broking – – recidivist and futile ...

Service Tax

July 25, 2013

Differential income on stock broking – – recidivist and futile endeavours by Revenue for utopian perfection tends to undermine the stability of law and impose wholly avoidable litigation costs - AT

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  2. Determining capital Gain on sale of shares received in exchange of membership of the broking concern - dues paid to certain creditors of the broking concern as cost of...

  3. Demand of differential Duty - Revenue has only wasted its energy when there is no revenue loss and therefore, unjustifiably extended the larger period of limitation, for nothing.

  4. Valuation - Stock broking services and banking and financial servicee - No receipt other than commission or brokerage made by a stock broker is intended to be brought...

  5. Denial of credit - Goods received on stock transfer basis - Revenue denied credit on the basis that it was stock transfer and not sale - credit allowed - AT

  6. Valuation of closing stock of incentive sugar (free sugar) - One cannot have a stock valuation which converts a capital receipt into revenue income - SC

  7. CENVAT Credit - supplementary invoices - In the present case there is no sale of goods, but the differential duty has been paid on stock-transfer of goods by the sister...

  8. Demand of differential tax - The present show cause notices are reassessment of reassessment for the same period - Such authority is not available to Revenue.

  9. Demand of differential duty - Revenue adjusted rebate (refund) from Unit II towards interest due from Unit I - the rebate cannot be adjusted towards the interest due of...

  10. Filing of appeal before wrong Forum - Tribunal has adopted a hypertechnical view forgetting the fact that every endeavour should be made to dispose of the lis on merits - HC

 

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