Attachment and proclamation of sale of immovable property: limitation treated from financial year end; proclamation held within period, petition dismi...
Second Schedule attachment and validity of a post-notice mortgage: TRO cannot declare mortgage void ab initio; sale and appropriation allowed thereaft...
Limitation for final assessment under sections 144C and 153 treated jointly, resulting in quashing of timebarred assessment order and liberty to reviv...
Deductibility of settlement payments for securities law penalties and treatment of unexplained cash credits in share trading -- Tribunal upholds posit...
Threshold for allottee-initiated insolvency petitions in leasehold real estate upheld; petition admitted after possession letters deemed legally ineff...
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Taxation of goods in a works contract is governed by the principle that the taxable event is the transfer of property in goods incorporated in the works and the taxable value is the value of those goods at the time of incorporation. Applying the transformation and marketability tests, fabricated steel superstructures/triangulated girders were held to be commercially distinct, marketable goods whose value included embedded fabrication, transportation, launching and erection costs; accordingly they were taxable as unspecified goods and most claimed fabrication-related deductions were disallowed. Reassessment under Section 31 BVAT was held within jurisdiction where recorded satisfaction existed on the material before the assessing officer.
Taxation of goods in a works contract is governed by the principle that the taxable event is the transfer of property in goods incorporated in the works and the taxable value is the value of those goods at the time of incorporation. Applying the transformation and marketability tests, fabricated steel superstructures/triangulated girders were held to be commercially distinct, marketable goods whose value included embedded fabrication, transportation, launching and erection costs; accordingly they were taxable as unspecified goods and most claimed fabrication-related deductions were disallowed. Reassessment under Section 31 BVAT was held within jurisdiction where recorded satisfaction existed on the material before the assessing officer.
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