Income Tax raids the premises of several Top Notch Builders in all-India Operations-Amrapali and Paras Buildtech also on hit list of Income Tax-Cash of Rs 22 Crore recovered SC rules stock exchange card is license eligible for depreciation under Section 32 Partner of Luthra & Luthra Vineet Aneja resigns-Partner of amarchand Mangaldas Himanshu Narayan also resigns SC rules MAT companies are not subject to 80HHC(1B) CBDT extends the time limit for filing ITR-V forms relating to income tax returns filed electronically for Assessment Year 2009-10 up to 31st December 2010 or 120 days from the date of filing, whichever is later-ITR-V is accepted only at the Centralized Processing Center of the Income Tax Department at Bengalore by ordinary or speed post Major Setback for tax avoidance on merger & acquisition deals-HC rules a mere difficulty in compliance or in enforcement is not a ground to avoid observance-the transaction in question had a significant nexus with India-The essence of the transaction was a change in the controlling interest in HEL which constituted a source of income in India-The transaction between the parties covered within its sweep, diverse rights and entitlements-The Petitioner by the diverse agreements that it entered into has a nexus with Indian jurisdiction-the proceedings which have been initiated by the Income Tax Authorities cannot be held to lack jurisdiction-AIT-2010-381-HC concessional rate of duty on electrical energy removed from a SEZ into DTA or non processing areas of SEZ-Customs Tariff Notification No.91 where an assessee has paid duty of excise on wires drawn from wire rods, falling under Chapter 72, the CENVAT credit taken or utilized, of the duty or tax or cess paid on inputs , capital goods and input services used in the making of the said final product, shall not be required to be reversed-Central Excise Non-Tariff Notification No.28 when once the competent authority viz., the Assistant Commissioner was satisfied with the factum of export that the final products made by the appellant, his failure to exercise the discretionary power vested in him in the absence of any other valid reasons cannot be sustained-the appellant is entitled for rebate applied for-AIT-2010-377-HC Courier Regulations for the manual and the electronic mode-Customs Circular No.33 Outdoor catering service provided by a NGO, under Mid-Day Meal Scheme, exempted from service tax-Service Tax Notification No.47 Even if the goods belong to same entry, manufacture does take place if new identifiable/marketable goods known in market emerge due to operation conducted-the process of ironing applied to the stiched brassieres prior to their packing was a process incidental to the completion of the brassieres as a manufactured product-process of purification and filtration being incidental or ancillary to the manufacture

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FINANCE ACT WIDENS SERVICE TAX NET

KAJOL AIT News Network

Brand Ambassadors who were into tax planning by signing the endorsement contracts in individual names have now been brought under service tax net with effect from 1st May 2006.

Several Service Providers who were hitherto outside the service tax net will now have to shell out service tax as the Finance Act,2006 which has now been enacted after the Presidential assent received on 18th April 2006 has expanded the definition and scope of several taxable services by substituting several amendments in the Finance Act,1994 which provides for statutory provisions for levy of service tax.

A significant change is substitution of the term “commercial concern” by the word “any person” in the definition of seventeen taxable services. Celebrities and filmstars who are acting as Brand Ambassador and providing Business Auxiliary Services were hitherto exempt from service tax as the service provided by only a “commercial concern” was within the service tax net. With effect from 1st May 2006 ; every person who is promoting the business of his client will be liable to pay service tax under the notifed taxable service of “Business Auxiliary Service”. The only solace is to small service providers who are providing taxable service of upto Rs. 4 lakh in a financial year as there is a general exemption to small service providers.
Further, the following Services are under the service tax net from 1st May 2006 as notified vide Notification No.15/2006-ST dated 25.04.2006 as under:

01. Registrar to an issue
02. Share Transfer Agent
03. ATM Operations,Maintenance or Management
04. Recovery Agent
05. Sale of Advertising Space or time
06. Sponsorship Service
07. Air Transport of Passengers embarking for International Travel
08. Transport of Goods in containers by rail
09. Business Support Services
10. Auctioneers’ Services
11. Public Relations Service
12. Ship Management Service
13. Internet Telephony Service
14. Transport by Cruise Ships
15.Credit Card related services

Further, the scope of several existing services has been-- More