Jurisprudentiol– Tomorrow's cases

By Vijay Kumar

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

Service tax on port services – Homa Engineering differed with – matter goes to Larger Bench

IN terms of Section 65(82) of the Finance Act, 1994, ‘Port Service' means any service rendered by a port or other port or any person authorized by such port or other port, in any manner, in relation to a vessel or goods. The expression “authorized by such port” has become the epicentre of the disputes on the taxability of port service . However, in a recent case before the Tribunal (SZB) involving as many as 13 appeals, Tribunal examined the issue afresh and differed with the ratio of Homa Engineering with an approach from a totally different dimension.

Income Tax

Taxpayer is non-resident - employer agrees to bear tax liability in India minus hypo-tax of home country - Hypo-tax withheld from salary of taxpayer is not income, and is therefore not taxable: ITAT

MANAGING pressure of globalisation is a big challenge for transnational companies. Though a foreign assignment may sound enticing for a high-quality professional in India but the same need not be the case for such professionals in developed economies. So, here comes a stiff challenge to persuade such professionals to accept relocation or international assignments. And one of the ways it is done is to provide attractive incentives. And what can be a better component of any such package than the assurance of taking care of one's tax liabilities.

Central Excise

'Theft' or 'dacoity' involves forcible removal of goods from factory by non-violent or violent means - Cannot be regarded as a natural cause or unavoidable accident – Remission of duty not available – CESTAT Larger Bench

WHEN dacoits do away with the finished goods from your factory be prepared to part with excise duty on such goods as well because such loss of finished goods by a manufacturer cannot be regarded as loss by natural causes as contemplated in the erstwhile Rule 49 of Central Excise Rules, 1944 or its equivalent in Rule 21 in Central Excise Rules, 2002.

See our columns tomorrow for the judgements