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Income Tax - Highlights / Catch Notes

Home Highlights April 2021 Year 2021 This

Stay on collection/ recovery of tax and interest demands - We ...

Income Tax

April 13, 2021

Stay on collection/ recovery of tax and interest demands - We grant a stay on collection/ recovery of the disputed impugned demands on account of dividend distribution tax, and interest thereon, aggregating to ₹ 3786.34 crores subject to conditions - assessee directed to furnish securities worth ₹ 760 crores, to the satisfaction of the Assessing Officer, which works out to almost 20% of disputed demands anyway - AT

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  1. Issuance of Garnishee notices during the pendency of the stay application - AO empowerment to grant stay provided 20% of the disputed demand paid

  2. Demand of interest - appellant submitted that they have erroneously paid the tax on reimbursement of administrative charges which is not warranted - stay granted - AT

  3. Stay - demand of service tax - Technical Know-how - Salary paid to Foreign Employees - Man-power Supply Agency 66A - stay granted partly. - AT

  4. Stay of recovery - appeal pending before CIT(A) - circular lays down 15%/20% of the disputed demand to be deposited for stay, by way of a general condition and does not...

  5. Demand based on reconciliation of ST returns with the balance sheet - stay granted - AT

  6. Demand of service tax - Mere payment of VAT does not take away the activity from the net of the taxing entry under Finance Act, 1994 - stay granted partly - AT

  7. Demand of service tax - Safe Vault Services - Service tax on the margin between the purchase price from the foreign bank and the sale price to the customers - stay...

  8. Short Payment of Service Tax – Exemption from Penalty u/s 76 - Such exemption cannot be claimed where a part of the demand of service tax survives - however stay granted - AT

  9. Sharing of expenditure with group companies - demand under the BAS category prima facie not sustainable - assesse being paying service tax as BSS w.e.f. 1.4.2006, stay granted - AT

  10. Demand of service tax - transportation of baggage is not an individual or a separate service, but it is a part of transportation of passengers' service by air - stay granted - AT

 

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