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Articles by CA Nischal Agarwal

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Levy of Service Tax on Under-Construction Flats - Unconstitutional

  CA Nischal Agarwal    07 June 2016 at 12:20

Reliance in this connection can be placed on the decision of Hon�ble Delhi High Court in case of Suresh Kumar Bansalvs UOI [W.P.(C) 2235/2011] wherein levy of Service Tax on the value of flats sold during construction stage has been held uncons

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Posted in Service Tax  17 comments |   15321 Views


Powers of High Court - Settlement Commission

  CA Nischal Agarwal    30 May 2015 at 11:15

High Court has power to decide the correct position of law on admitted facts before Settlement CommissionReliance in this connection can be placed on the decision of Hon’ble Apex Court in case of M/s Asahi India Safety Glass Ltd reported in 201

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Posted in LAW  3 comments |   7872 Views


Whether security provided by government to Tea Plantation owners in Assam in order to protect from terrorists liable to ST?

  CA Nischal Agarwal    02 December 2014 at 10:59

McleodRussel (India) Limited having its registered office at 4, Mangoe Lane, Kolkata has tea plantations in the state of assam and the area is highly volatile and acts of vandalism being carried out by terrorists. The consortium of tea plantation own

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Posted in Service Tax  1 comments |   6432 Views


FTS u/s 9 of Income Tax Act, 1961

  CA Nischal Agarwal    22 November 2014 at 11:33

Installation & Commissioning Expenses are not covered under the definition of FTS u/s 9 of Income Tax Act, 1961 The issue is no longer res integra as it has been held by Honble ITAT Mumbai in case of Bennet Coleman & Co. Ltd. Vs ITO(TD

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Posted in Income Tax  4 comments |   31179 Views


A Brief synopsis on Special Economic Zones (SEZ)

  CA Nischal Agarwal    25 September 2014 at 11:23

Brief Highlights about SEZs Special Economic Zone schemes provides for setting up of SEZs, which have been introduced by the Indian Government with the basic idea of providing the world class infrastructure and other facilities which are required for

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Posted in Others  1 comments |   10209 Views


Can High Court Interfere with the discretion of the Settlement

  CA Nischal Agarwal    06 September 2014 at 11:02

Reliance in this regard can be placed on the decision of Honble Allahabad High Court in case of M/s Vinay Wire and Poly Product Private Limited Vs. DGCEx [Writ Tax No. 283 of 2014] wherein the appellant has challenged the order of Hon

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Posted in LAW |   12135 Views


Does DTAA Overrides Service Tax in India?

  CA Nischal Agarwal    14 August 2014 at 11:28

Import of Service The Import of Service means that the Service which is being provided by a Service Provider who is located in Non-Taxable territory and the service recipient is located in taxable territory. In such circumstances, the Service Receive

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Posted in Service Tax  6 comments |   15330 Views


A Brief synopsis on Export Oriented Units

  CA Nischal Agarwal    13 August 2014 at 10:37

Brief Highlights about EOU An EOU is basically an Export Oriented units which can be set up in the declared ‘warehouse stations’ in India. There are almost 300 such warehouse stations. EOU units are very closely connected with Customs Law

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Posted in Custom  1 comments |   10788 Views


Thin Capitalization in India

  CA Nischal Agarwal    31 March 2014 at 11:52

1. INTRODUCITON A company is said to be thinly capitalized when a greater proportion of its ‘capital-structure’ is made up of ‘debt’ than of ‘equity’. The interest payments generated on ‘debt capital’ i

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Posted in Others  2 comments |   10884 Views