We are of the considered opinion that the Finance Act, 2000 has made the complete procedure in its section 117. Section 117 of the Finance Act, 2000 reads as under: 117. Validation of certain action taken under Service Tax Rules. – Notwithstanding anything contained in any judgment, decree or order of any court, Tribunal or other authority, sub-clauses (xii) and (xvii) of clause (d) of sub-rule (1) of rule 2 of the Service Tax Rules, 1994 as they stood immediately before the commencement of the Service Tax (Amendment) Rules, 1998 shall be deemed to be valid and to have always been valid as if the said sub-clauses had been in force at all material times and accordingly,-
Since the company’s counterclaim is by way of an unliquidated sum in damages, and the company has no defence to the petitioner’s claim herein, the company is permitted to furnish security to the extent of the petitioner’s claim of Rs.1,41,38,347/- within a fortnight from date whereupon this petition will remain permanently stayed. The company says that it has instituted winding-up proceedings in respect of its claim against the petitioner under the agreement of April 7, 2010.
I am directed to say that the delay in filing of SLP is a serious cause of concern. One of the reasons for delay in filing of SLP is inordinate delay in receiving the SLP proposals in the Directorate of Legal & Research. Even after conveying the concern of the Board in this regard, it is observed that about 50% proposals are received after 60 days of the date of impugned judgment of High Court as against 21 days prescribed in instruction No. 4 of 2011 laying down the SOP for filing SLP.
In the present case, the assessees being the builders, had the option to recognize their income either on percentage completion method or on project completion method. Therefore, it was not certain to hold that the assessees were liable at all to file returns under section 139(1). Whether the assessees had recognized their income for the impugned assessment years is also not clear. The returns were filed after search made under section 132 but before the issue of notice under section 153A.
It seeks to extend levy of anti-dumping duty imposed vide Notification No. 15/2008-Customs, dated the 5th February, 2008, on imports of ‘Flexible Slabstock Polyol’, originating in, or exported from, United States of America and Japan, upto and inclusive of 4th February, 2014.
I am directed to circulate a Draft policy on Units in Special Economic Zones (SEZs) carrying on recycling of plastic scrap or waste and invite comments/suggestions on the same in order to finalize the Policy on Plastic Recycling Units in SEZs.
As per amendment referred in para 2, benefit of zero duty import is available only for such Mega Power Project, specified in List 32A, appended to Notification No.49/2012-Customs, so certified by an officer, not below the rank of Joint Secretary to the Government of India, in the Ministry of Power before 19th day of July, 2012. Only 111 Mega Power Projects have been included in list 32A of Notification No.49/2012-Customs dated 10.09.2012.
Export of above processed and/or value added agricultural products will be exempted from any restriction / ban even in the event of restriction / ban on the export of basic farm produce.
The existing Clause 24(f) of the Listing Agreement mandates that a listed company shall file any scheme/petition, proposed to be filed before any Court or Tribunal under sections 391, 394 and 101 of the Companies Act, 1956, with the stock exchange, for approval, at least a month before it is presented to the Court or Tribunal.
In this appeal it is noticed that the Assessee has in fact after interim order granted by this Court has approached the Revenue and there are certain proposals given by the Revenue to the Assessee and it is submitted by Sri Naganand, learned Senior Counsel that initially the Assessee has deposited Rs.50 crores and as per the order of the Tribunal and further a sum of Rs.175 crores has been deposited after the order passed by this court and a sum of Rs.25 crores will be deposited by 10.02.2013 and modification of interim order to such extent should take care of the interest of both the Assessee and Revenue etc.
