Classification of imported goods as electronic cigarette versus tobacco product reversed for lack of proof; order set aside for jurisdictional overrea...
Reversal of input tax credit in proportion to exempt supply: specificity of show-cause notice required; order set aside, fresh proceedings allowed wit...
Issue concerns tax treatment of employer payments to an insurer for a future annuity structured for the employee. The article applies the principle that perquisite taxation requires the employee to have a vested, due or enforceable right; contingent or non vested future entitlements are not taxable in the year of employer contribution. It reasons that taxing the employer's payment when the employee has no enforceable right would duplicate taxation because annuity instalments are later taxed on receipt or accrual. Outcome: employer contribution should not be taxed in the contribution year to avoid impermissible double taxation.
Issue concerns tax treatment of employer payments to an insurer for a future annuity structured for the employee. The article applies the principle that perquisite taxation requires the employee to have a vested, due or enforceable right; contingent or non vested future entitlements are not taxable in the year of employer contribution. It reasons that taxing the employer's payment when the employee has no enforceable right would duplicate taxation because annuity instalments are later taxed on receipt or accrual. Outcome: employer contribution should not be taxed in the contribution year to avoid impermissible double taxation.
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