Saturday, November 8, 2014

[aaykarbhavan] Judgments and Information, C L I I T R , [4 Attachments]





No sec. 194C TDS on sums paid to contractor for job-work if liability for execution of contract was on assessee

November 8, 2014[2014] 49 taxmann.com 511 (Pune - Trib.)
IT : Where assessee engaged in carrying out work of roughing and finishing of raw material on CNC machines on job work basis, engaged various labour contractors to do a part of said job work, in view of fact that assessee himself was responsible for executing contract and labour contractors had no privacy of contract with customer, payments made to said labour contractors were not in nature of sub-contracts and, hence, there was no obligation to deduct TDS on those payments

INCOME TAX REPORTS (ITR)--PRINT AND ONLINE EDITION

ONLINE EDITION
STATUTES AND NOTIFICATIONS

Notifications :

Income-tax Act, 1961 :
Notification under section 90 :
Agreement between the Government of the Republic of India and the Republic of Colombia for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income . . . 295
Protocol amending the agreement between the Government of the Republic of India and the Government of the Polish People’s Republic for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income . . . 283

PRINT EDITION
ITR Volume 368 : Part 2 (Issue dated : 3-11-2014)
SUBJECT INDEX TO CASES REPORTED IN THIS PART
SUPREME COURT
Recovery of tax --Garnishee notice--Stock exchange--Membership card of stock exchange--Not a right but a privilege ceasing upon member being declared defaulter--Stock exchange having lien over member’s securities under rules--Stock exchange is secured creditor having priority over Government dues--Securities handed over to exchange are assets of member which can be liquidated on default--Income-tax Act, 1961, s. 226(3)(x), Sch. II, r. 26--Securities Contracts (Regulation) Act, 1956, ss. 7A, 8, 9, 30--Rules, Bye-Laws and Regulations of the Bombay Stock Exchange, rr. 5, 9, 16, 36 to 46-- Stock Exchange, Bombay v. V. S. Kandalgaonkar . . . 296
HIGH COURTS
Appeal to Commissioner (Appeals) --Jurisdiction--Inherent jurisdiction to deal with application for stay--Income-tax Act, 1961, s. 220(6)-- Gera Realty Estates v. CIT (Appeals) (Bom). . .366
Capital gains --Firm--Dissolution--Partnership assets converted into capital assets of partners at time of dissolution--Sale of assets not in stock-in-trade of dissolved firm--Whether the amount to be treated as long-term capital gains or short-terms capital gains--Department to decide--Income-tax Act, 1961-- Arvind Shamji Chheda v. CIT (Bom). . .368
Income from house property --Annual letting value--General principles for determining annual letting value--Income-tax Act, 1961, s. 23-- CIT v. Tip Top Typography (Bom) . . . 330
 
SECTIONWISE INDEX TO CASES REPORTED IN THIS PART
Income-tax Act, 1961 :
S. 23 --Income from house property--Annual letting value--General principles for determining annual letting value-- CIT v. Tip Top Typography (Bom) . . . 330
S. 220(6) --Appeal to Commissioner (Appeals)--Jurisdiction--Inherent jurisdiction to deal with application for stay-- Gera Realty Estates v. CIT (Appeals) (Bom). . .366
S. 226(3)(x), Sch. II, r. 26 --Recovery of tax--Garnishee notice--Stock exchange--Membership card of stock exchange--Not a right but a privilege ceasing upon member being declared defaulter--Stock exchange having lien over member’s securities under rules--Stock exchange is secured creditor having priority over Government dues--Securities handed over to exchange are assets of member which can be liquidated on default-- Stock Exchange, Bombay v. V. S. Kandalgaonkar (SC). . . 296
Securities Contracts (Regulation) Act, 1956 :
S. 7A --Recovery of tax--Garnishee notice--Stock exchange--Membership card of stock exchange--Not a right but a privilege ceasing upon member being declared defaulter--Stock exchange having lien over member’s securities under rules--Stock exchange is secured creditor having priority over Government dues--Securities handed over to exchange are assets of member which can be liquidated on default-- Stock Exchange, Bombay v. V. S. Kandalgaonkar (SC). . . 296
S. 8 --Recovery of tax--Garnishee notice--Stock exchange--Membership card of stock exchange--Not a right but a privilege ceasing upon member being declared defaulter--Stock exchange having lien over member’s securities under rules--Stock exchange is secured creditor having priority over Government dues--Securities handed over to exchange are assets of member which can be liquidated on default-- Stock Exchange, Bombay v. V. S. Kandalgaonkar (SC). . . 296
S. 9 --Recovery of tax--Garnishee notice--Stock exchange--Membership card of stock exchange--Not a right but a privilege ceasing upon member being declared defaulter--Stock exchange having lien over member’s securities under rules--Stock exchange is secured creditor having priority over Government dues--Securities handed over to exchange are assets of member which can be liquidated on default-- Stock Exchange, Bombay v. V. S. Kandalgaonkar (SC). . . 296
S. 30 --Recovery of tax--Garnishee notice--Stock exchange--Membership card of stock exchange--Not a right but a privilege ceasing upon member being declared defaulter--Stock exchange having lien over member’s securities under rules--Stock exchange is secured creditor having priority over Government dues--Securities handed over to exchange are assets of member which can be liquidated on default-- Stock Exchange, Bombay v. V. S. Kandalgaonkar (SC). . . 296



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Posted by: Dipak Shah <djshah1944@yahoo.com>


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