Jurisprudentiol – Tuesday's case

By Vijay Kumar

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

Sub contractor collecting toll charges on Delhi-Noida toll bridge - Not liable to Service Tax before or after 10/09/2004: CESTAT

NO tax for the past on a new service: The activity of the appellant would be covered under the 'Management, Maintenance and Repair of immovable property services'. Such services are liable to be taxed from 16/06/2005. “A category which specifically covered under the Service Tax liability from a specific date cannot be taxed under any other headings prior to that date”, is the law which has been settled by the High Court of P&H.

Income Tax

Income tax - Whether when donor has capacity to borrow funds, not based only on annual income but also total assets owned, genuineness of gift cannot be doubted - HC

THE AO, on perusal of the return, found that during the year under consideration, the assessee had received gifts from the certain persons vide cheques and also received immovable assets from Ashok Jain and Veena who were husband and wife. Pankaj Jain, from whom the assessee received the cheque of Rs. 200000/- was nephew of Ashok Jain. Ashok Jain was an Advocate by profession and Pankaj was a practicing Chartered Accountant and a partner of M/s P.Jain & Co. The AO wanted to examine the genuineness of the aforesaid gifts.

CESTAT

Seeking Adjournment on false grounds - Matter referred to HC for contempt proceedings: CESTAT

THE appellant is charged with seeking adjournments on false ground with the malice intention and interference in the administration of the justice of the Tribunal. The matter to be referred to the High Court of Bombay for contempt proceedings against the appellants.

See our columns Tomorrow for the judgements