Development agreements require legal possession or effective enjoyment for capital gains transfer; permissive possession and deferred consideration de...
Prolonged sterilisation of development rights supports capital-gains treatment, while business-income disallowances cannot govern capital-gains comput...
Additional evidence in transfer pricing dispute leads to fresh examination, while tax deductions, TDS credit, fee and refund interest require verifica...
Category II AIF pass-through taxation preserves non-business income character; investment receipts cannot be reclassified without applying recognised ...
The case pertains to the levy of service tax on commercial coaching or training services. The Finance Act, 2010 inserted an explanation in Section 65(105)(zzc) retrospectively from July 1, 2003, clarifying that the word 'commercial' would mean training or coaching services provided for consideration, irrespective of profit motive. Notification no. 33/2011 granted exemptions to coaching and training centers leading to a certificate, diploma, degree, or other educational qualification recognized by law. The Board clarified that 'recognized by any law' encompasses courses approved or recognized by any entity established under Central or State legislation for granting recognition to educational courses. The High Court found that the petitioner was neither affiliated with a University nor enabled by statute to grant degrees or diplomas. The CESTAT concluded that the petitioner's appeals lacked merit, while the Department's appeals were allowed. The petition was dismissed.
The case pertains to the levy of service tax on commercial coaching or training services. The Finance Act, 2010 inserted an explanation in Section 65(105)(zzc) retrospectively from July 1, 2003, clarifying that the word 'commercial' would mean training or coaching services provided for consideration, irrespective of profit motive. Notification no. 33/2011 granted exemptions to coaching and training centers leading to a certificate, diploma, degree, or other educational qualification recognized by law. The Board clarified that 'recognized by any law' encompasses courses approved or recognized by any entity established under Central or State legislation for granting recognition to educational courses. The High Court found that the petitioner was neither affiliated with a University nor enabled by statute to grant degrees or diplomas. The CESTAT concluded that the petitioner's appeals lacked merit, while the Department's appeals were allowed. The petition was dismissed.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4805
Join Channel
TaxTMI 
