Jurisprudentiol – Wednesday's cases

By Vijay Kumar

Legal Corner Icon — the image was hosted by the publisher and was not captured.Customs

SEIZURE of imported goods – appeal pending in CESTAT – Goods ordered to be released on payment of duty and 50% of RF: High Court

THE respondents shall release the goods subject to the petitioner paying the entire duty as per re-determined value at US Dollars 69395 C&F equivalent to Rs.34,15,893/- and paying 50% of the redemption fine imposed in the order dated 26.08.2009. However, the penalty imposed in the order dated 26.08.2009, shall remain stayed till a final decision is taken by the second respondent -Tribunal in the pending appeal.

Income Tax

TDS - Payments made for leaseline charges, VSAT charges, transaction charges and stock exchange expenses are not towards any technical services but for use of facilities - No TDS: ITAT

THE issue before the Tribunal is - Whether the payments made by the assessee on account of ISDN / Leaseline charges, Stock Exchange expenses, Transaction charges and VSAT charges to the stock exchanges amount to fees for technical services and the assessee ought to have deducted tax u/s 194J – Whether the payments to the jobbers and arbitragers be said to be for the purpose of carrying out a work in pursuance of a contract liable to TDS u/s 194C.

Service Tax

CONSULTING Engineer Service by Foreign Service Provider – not taxable prior to 18.4.2006 – High Court

IN view of the admitted facts that the respondent herein is a foreign company who is a service provider and only from the date of the aforesaid amendments, the service receiver would be liable to pay the service tax and that the respondent/assessee is not liable to pay any tax prior to amendment i.e., for the period in question 1/4/1999 to 31/3/2001.

See our columns Tomorrow for the judgements