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 12:20Reliance 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
Powers of High Court - Settlement Commission
CA Nischal Agarwal 30 May 2015 at 11:15High 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
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 10:59McleodRussel (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
FTS u/s 9 of Income Tax Act, 1961
CA Nischal Agarwal 22 November 2014 at 11:33Installation & 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
A Brief synopsis on Special Economic Zones (SEZ)
CA Nischal Agarwal 25 September 2014 at 11:23Brief 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
Can High Court Interfere with the discretion of the Settlement
CA Nischal Agarwal 06 September 2014 at 11:02Reliance 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
Does DTAA Overrides Service Tax in India?
CA Nischal Agarwal 14 August 2014 at 11:28Import 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
A Brief synopsis on Export Oriented Units
CA Nischal Agarwal 13 August 2014 at 10:37Brief 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
Thin Capitalization in India
CA Nischal Agarwal 31 March 2014 at 11:521. 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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