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 ...
Service tax on works contracts and the taxability of the value of goods used in such contracts. It clarifies that service tax can only be levied on the service component, not the goods component, of works contracts u/s 65(105)(zzzza) of the Finance Act, 1994. Other clauses of Section 65(105) cover only services simpliciter and cannot be invoked for works contracts, as held in Larsen & Toubro case. The demand of service tax u/s 65(105)(zzzh) for construction of residential complexes rendered as works contracts cannot be sustained. The Tribunal concludes that the demand, interest, and penalties on the appellant cannot be upheld and need to be set aside.
Service tax on works contracts and the taxability of the value of goods used in such contracts. It clarifies that service tax can only be levied on the service component, not the goods component, of works contracts u/s 65(105)(zzzza) of the Finance Act, 1994. Other clauses of Section 65(105) cover only services simpliciter and cannot be invoked for works contracts, as held in Larsen & Toubro case. The demand of service tax u/s 65(105)(zzzh) for construction of residential complexes rendered as works contracts cannot be sustained. The Tribunal concludes that the demand, interest, and penalties on the appellant cannot be upheld and need to be set aside.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4805
Join Channel
TaxTMI 
