Articles by CA Nischal Agarwal

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

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

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

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

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

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

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

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

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

Posted in Others | 2 comments | 10884 Views