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Bombay High Court Adjudicates Central Excise Appeal on Service Tax Liability for Veterinary and Testing Services. Assessee Claims Exemption Under Notification No. 13/2003-ST for Commission Agent Services, While Revenue Alleges Taxable Business Auxiliary Services.

The appeal was filed before the High Court of Judicature at Bombay under Section 83 of the Finance Act, 1994 read with Section 35G of the Central Exci...

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Karnataka High Court Adjudicates Classification of Electrical Insulated Press Board Under Third Schedule of KVAT Act, 2003. Assessee's Claim for Lower Tax Rate as 'Paper' is Examined Under Common Parlance and Trade Parlance Tests.

The assessee, a registered dealer under the CST Act and KVAT Act, manufactured and sold Electrical Insulated Press Board (High Density Board) used in ...

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Bombay High Court Hears Batch of Petitions by Retailers and Others Challenging Service Tax on Renting of Immovable Property. The levy of service tax on renting was contested under the Finance Act, 1994, Sections 65–66, on constitutional grounds.

The judgment, delivered orally on August 4, 2011, by a Division Bench of the Bombay High Court comprising Dr. D.Y. Chandrachud and Anoop V. Mohta, JJ....

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Madras High Court Allows Appeals of Shareholders in Capital Receipt Case — One Million Euros Received from Vedior NV Held Exempt as Capital Receipt. Compensation for Loss of Right of First Refusal and Non-Compete Agreement Treated as Capital Receipt Not Chargeable to Tax Under Income Tax Act, 1961.

The case involves two appeals by shareholders (K. Pandiarajan and R. Hemalatha) against the order of the Income Tax Appellate Tribunal (ITAT) which up...

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Supreme Court Allows Assessee in Income Tax Case — Receipt for Construction of Cinema House Not Advance Rent. Lease Lacked Stipulation for Adjustment of Payment Toward Rent; Premium Prima Facie Capital Not Taxable Under Income Tax Act.

The case involves an assessee who, on July 19, 1945, took a lease of certain premises in Calcutta on monthly rent. He made alterations to convert the ...

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Karnataka High Court Allows Appeal in KVAT Penalty Case — Assessee's Goods in Transit Not Liable to Penalty Under Section 53(7) of KVAT Act, 2003. Goods Intercepted While Moving from Pune to Bangalore with Valid Invoice; Penalty Set Aside as No Contravention of Act Established.

The appellant, M/s Jai Hind Ply, a proprietorship concern engaged in the sale of plywood, timber, and related materials, is registered under the Mahar...

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Writ Appeals Filed by Tea and Coffee Plantation Companies Against Denial of Input Tax Credit on Cultivation Inputs under Karnataka Value Added Tax Act, 2003. Issue: Whether Cultivation Inputs Eligible for Tax Credit Under Section 10(2) Read with Section 2(6) and 2(19) of the Act.

The appeals arose from reassessment orders passed under the Karnataka Value Added Tax Act, 2003, denying input tax credit to tea and coffee plantation...

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Supreme Court of India Decides Revenue Appeal Against Tribunal's Order on Excise Valuation of Fiat Cars. Assessee's Price Below Cost Held as Normal Price Under Section 4(1)(a) by Tribunal, Revenue Challenges on Ground That Price Did Not Reflect Manufacturing Cost and Profit.

The dispute concerned the valuation of Fiat Uno model cars for central excise duty under Section 4 of the Central Excise Act, 1944. The assessee, M/s ...