Service tax on franchise commission remains a separate liability even if franchisees pay tax on courier services.
The legal determination is that the Franchise Commission received by the franchisor is a separate taxable service distinct from the provision of Courier Services by franchisees; tax paid by franchisees on courier operations does not automatically extinguish the franchisor's liability on commissions, and double taxation can be alleged only if the same service has been taxed twice.

Central Sales Tax reduction links inter state tax on registered dealers to the lower of CST or VAT, with limited state compensation.
Central Sales Tax reduced to 2% effective 1 June 2008; for inter state sales to registered dealers against Form C the payable tax is the lower of the new CST rate and the applicable VAT or State Sales Tax. The reduction forms part of a roadmap to phase out CST ahead of GST, and compensation to States for revenue loss is limited to proportionate loss based on actual CST collections in the relevant year.

Evidentiary value of survey statements: unsworn survey statements are not conclusive and lack statutory sworn status.
Admissions made during a survey are important but not conclusive; the person must be given an opportunity to show the books correctly disclose facts. Survey powers do not permit administration of oath, so statements recorded under survey lack the sworn evidentiary character that statute accords to examined statements. The term "may" in the provision for recording statements indicates materials and statements collected during survey are useful but not conclusive evidence, and reliance on books or entries created or produced only after the survey requires scrutiny given this limited evidentiary status.

Unabsorbed depreciation claim treatment clarified: hospitals not industrial undertakings and assessment notice upheld under amalgamation law.
Central questions concern eligibility of a hospital as an industrial undertaking to claim unabsorbed depreciation on amalgamation and the validity of a reassessment notice where substantial set offs appear to have escaped assessment. The determination precludes treating the hospital as an industrial undertaking for carry forward and set off of unabsorbed depreciation, and upholds the authority to issue a notice reopening assessment where unauthorized set offs have caused potential loss of revenue, with a directive for disciplinary action against responsible officers.

Salary taxation principle: taxed salary with TDS cannot be treated as undisclosed income after search, limiting reassessment.
Taxed salary on which tax was deducted at source and which is below the taxable threshold cannot be treated as undisclosed block year income merely because a return was not filed prior to search. Leasing income from commercial property is income from house property where the owner merely lets the premises. Complex conversion processes in manufacturing qualify for manufacturing deductions. Exemptions and turnover based benefits must be determined year by year and in accordance with statutory definitions. Bank materials must not be used without affording an opportunity to explain. Tribunal rectification powers are limited to a four year period.

Penalty for concealment requires recorded satisfaction by the assessing officer before initiating tax penalty proceedings under tax law.
Excise duty, sales tax and conversion charges are excluded from total turnover for computing deduction under 80HHC; replacement of machinery is to be classified by tax law principles and may be revenue expenditure where plant functions as a common unit and no depreciation was claimed. A penalty for concealment requires the assessing officer to form and record satisfaction before initiating proceedings. Service charges enabling business efficiency can be revenue expenditure rather than capital, and the assessee bears the burden to prove genuineness of cash credits; DTAA may affect refund claims of deemed TDS.

Assessment procedure: limits on reopening issues and reliance on survey material; natural justice required when estimating income.
Assessment procedure requires limiting reopenings to issues legitimately remanded; Assessing Officers must conduct adequate inquiry and observe rules of natural justice before estimating income from blank or cancelled bills. Material found during surveys may support regular assessment if confronted to the assessee without causing prejudice. Distinctions between technical fees and project or salary like receipts determine tax characterisation; administrative waiver decisions must state reasons, and assessments based on unverified acceptance of the assessee's version risk being erroneous and prejudicial.

Deduction under Section 80HHC extends to duty drawback and cash compensatory support, enabling allowance despite no exports.
Duty drawback and Cash Compensatory Support are included within business profits for purposes of Section 80HHC and thus deductible even if no exports occurred; applications for recomputation of book profits filed within four years from the date of order must be decided on merits and not rejected as time barred; factual inquiry is required to determine higher depreciation on vehicles run on hire and the assessing officer must state particulars when alleging under estimation of profits; sale of unprocessed green tea leaves is outside the Income Tax Act while processed tea income is taxable, with state taxation of agricultural income remaining intact.

Fringe benefit tax: employer paid transport for offshore employees treated as taxable fringe benefit in reported case summaries.
Summaries: transportation costs for moving offshore employees to Indian work sites are treated as fringe benefit tax liable; retrospective rent arrears were characterized as income from house property; a charitable trust's specified purposes sufficed to permit accumulation; disclosed write offs in audit statements preclude penalty under Section 271(1)(c); procedural failure to object before the first appellate authority can bar later tribunal appeals.

Fringe Benefit Tax: clarification that deemed employer expenses and transport amenities fall within FBT scope when incurred by employers in India.
Section 115WB defines fringe benefit, deems specified employer expenses to be benefits provided to employees, and excludes perquisites taxed in employees' hands and certain free or subsidised transport or related allowances. The Supreme Court held that sub section (2)'s enumerated matters are not covered by sub section (3) and that transport amenities fall within sub section (1). FBT applies to expenditures by employers with a permanent establishment in India, including costs relating to bringing employees from abroad, and the CBDT's executive interpretations are ordinarily binding unless unlawful; assessing authorities must decide factual applicability of Section 115WB.

Fringe Benefit Tax liability affirmed for employer providing transportation to offshore employees and interaction of subsections clarified
Prima facie assessment adjustments were deemed inapplicable where conflicting authority existed, removing additional tax liability under the related assessment levy; carry forward of amortisation expenses for film production and carry forward of business losses are distinct statutory mechanisms and may be treated differently on reassessment; expenses for transporting offshore employees were characterised as subject to fringe benefit tax, with the fringe benefit provisions applying beyond resident persons and clarifying the interplay of the subsections governing liability and computation.

Tax treatment of foreign receipts: business profits taxable only when attributable to a permanent establishment.
For cross border transactions and assessments: bonus shares' acquisition cost must reflect the fair market value as of 1 April 1981; receipts for monitoring services qualify as business profits taxable only to the extent attributable to a permanent establishment in India; certification fees payable abroad are not subject to TDS if no permanent establishment exists; disputed enhanced compensation during appeal is not taxable until finality; reassessment cannot be used to evade a prior time barred failure of assessment.

Citizen Charter commitments: enforce standardized service delivery and grievance redressal ensuring time bound responses and Ombudsman remedies.
The Citizens' Charter aligns CBEC service delivery with SEVOTTAM standards, declaring a vision to make indirect tax administration efficient and compliance friendly and setting commitments to integrity, transparency and promptness. It specifies regulatory and service functions across Customs, Central Excise and Service Tax, prescribes measurable time based service norms and procedural safeguards, mandates confidentiality and explanation before adverse actions, and establishes a grievance redressal framework including escalation to the Commissioner and access to an Ombudsman. The Charter will be reviewed periodically and field feedback sought before final adoption.

Taxability of foreign examination fees: payments to foreign certifying bodies not taxable in India and no TDS required.
The applicant acts as an agent collecting examination fees, is not a dependent agent or a permanent establishment of the foreign bodies, and remittances to those foreign certifying bodies do not attract tax in India; no tax need be deducted at source on such payments.

Tax exemptions expanded to include agricultural market committees and Coir Board; timing rules for deductible tax payments clarified.
A new exemption covers agricultural produce market committees or boards from April 1, 2009, and the Coir Board's exemption is deemed retrospective to April 1, 2002. Certain tax-holiday provisos have their terminal year extended. The rules on deduction disallowance where tax was not paid are revised to set distinct payment deadlines based on when tax was deductible, with a substituted proviso allowing deduction when tax is subsequently deducted and paid. A specific disallowance sub-clause is omitted effective April 1, 2009.

Reassessment notice validity: a fresh notice cannot revive lapsed reassessment machinery once initial proceedings expired.
A later re-assessment notice is invalid if the assessing officer previously initiated assessment proceedings by issuing an initial notice calling for a return and the reassessment machinery was thereby set in motion but remained uncompleted and its statutory period expired; a fresh notice cannot revive those lapsed proceedings.

TDS on rent must exclude service tax, so withholding is computed only on the rent portion.
Withholding on rent payments must be computed after excluding any separately stated service tax component; deductors should subtract service tax from the invoiced total and apply the applicable TDS rate to the remaining rent amount, per administrative guidance.