Jurisprudentiol - Wednesday's cases
Legal Corner Icon — the image was hosted by the publisher and was not captured.Central Excise
RENTAL charges collected in respect of cylinders for supply of gases cannot form part of the assessable value of gases: CESTAT
In the Indian Oxygen Ltd., () case, the apex court has clearly held that the supply of cylinders is an ancillary activity to the manufacture of gases and, therefore, the consideration received for the same cannot be included in the assessable value of the gases. Similarly, in the case of CCE, Meerut vs. Bisleri International Pvt. Ltd. reported in () the rent on containers i.e rent equivalent to interest collected by the assessee on account of delay in returning of empty crates/bottles cannot form part of the value of aerated waters and, hence, not includable in the assessable value.
Income Tax
WHETHER when assessee preaches sufism, a part of Islam, it can even then claim Sec 80G benefits available to a charitable organisation - NO, rules High Court
THE issue before the HC is - Whether when assessee preaches Sufism, a part of Islam religion, it can even then claim Sec 80G benefits available to a charitable organisation. And the answer is NO.
Service Tax
SCN did not propose to demand service tax under head 'Scientific and Technical Consultancy Services' – confirming demand under said category is not proper – Pre-deposit waived and stay ordered: CESTAT
A Service Tax demand was raised against the appellant for the period 01.04.2004 to 31.03.2005 in respect of “Intellectual Property Rights Services”. The payment of Rs.26,71,843/- for the period from 10.09.04 to 31.03.05 in respect of “Intellectual Property Right Services” which was introduced as a taxable service with effect from 10.09.2004 was appropriated against the demand. The balance amount of Rs.15,57,692/- demanded as service tax has been partly confirmed under the head “Scientific and Technical Consultancy Services” and partly under the head “Intellectual Property Right Services”.
Until tomorrow with more DDT
Have a Nice Day.
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