CESTAT
affirms taxation of catering services provided by assessee, a registered
cooperative society, from the premises of L&T to its employees u/s
65(105)(zzt) of Finance Act; Notes that L&T has statutory obligation under
Factories Act to provide culinary service and in this regard, established a
cooperative society comprising of employees as also company itself for
operating the canteen, and consideration for meal was paid in tandem by
consumer and employer; Whether food articles were provided free of cost or at
subsidized rates or at market prices, was a matter of labour-employer
negotiations and it was clear that without the concurrence of L&T, assessee
could neither engage in activity of running canteen nor decide rates of food
articles or composition of individuals to be served; Holding assessee as
‘service provider’, CESTAT found that it operates from campus of L&T,
thereby satisfying all requirements of taxability u/s 65(105)(zzt); Relies on
coordinate bench ruling in Alfa Laval (India) Ltd Employees Co-operative
Consumers Society case while rejecting assessee’s claim of mutuality, opines
that society and its membership was not germane to contract between L&T and
assessee for engaging latter as caterer : Mumbai CESTAT
Subscribe to:
Post Comments (Atom)
olkata ITAT reaffirms that suspicion alone cannot justify additions under Section 68 (Unexplained Cash Credits)
Recently, the Kolkata ITAT in Action Tie-up Pvt. Ltd. v. DCIT ruled in favour of the taxpayer and reiterated that additions towards allege...
-
· Legal Framework: Section 171 of the Income Tax Act, 1961 provides the legal framework for the partition of a Hindu Undivided...
-
New utility for generation of Form 16A in pdf format provided by https://www.tdscpc.gov.in is very light and is sized only 8.43 MB while ...
-
1. Introduction Cross-border investment structures often employ intermediate holding companies in jurisdictions like the Cayman Islands. A c...
-
A new website launched for TDS related matters www.tdscpc.gov.in TRACES – T DS R econciliation A nalysis and C orrection E nabling S yste...
-
Issue before the Income-tax Appellate Tribunal (ITAT) Whether the phrase “paid up capital and general reserves” should be defined as “Ne...
-
Introduction Employee welfare is a cornerstone of corporate responsibility, and gratuity forms a critical part of the social security benefi...
-
Facts Saptarshi Ghosh (the tax payer) was a salaried employee of TCS Limited (employer), an Indian company. He was on deputation to the U...
-
Selling a property can trigger a significant tax liability in the form of capital gains tax. However, the Income-tax Act, 1961, allows you...
-
In the complex landscape of India’s Goods and Services Tax (GST), the tax treatment of non-compete fees has emerged as a critical area f...
-
Sr No Due Date Related to Compliance to be made 1. 11.06.2026 GST ...
No comments:
Post a Comment