departmental authorities

Background: Certain dealers/persons approach the departmental authorities for the issue of "Tax Clearance Certificates" in respect of various taxes. At present, the tax clearance certificates are being issued by the VAT Recovery officers at most of the locations. It has been noticed that uniformity is not seen in the process adopted for issuing of such certificates and the proforma of such certificates is also noticed to be not in a standard format. Full Article

Writing off the Inputs and Capital Goods for the stock account purpose in the books of accounts and reversal of CENVAT Credit has always been a matter of dispute between the assessees and the departmental authorities. This issue was clarified with the introduction of the Circular No. 645/36/2002-CX.,dated 16-7-2002 which has been explained in detail in this article. This issue was there, as it is. unresolved in its entirety and a new issue arose relating to the CENVAT bu.. Full Article

From the nature of activities being pursued by the petitioners, particularly as contained in the 'memorandum of association' extracted by the respondent in the statement filed in WP(C) 6899/2009 (stated as more or Jess similar in the other case as well), it is very much evident that the derivation of income by the petitioner cannot be held as merely the income from property, so as to oust the involvement of 'trade, commerce or business' or any service in connection with .. Full Article

You are aware that the provisions of section 29(8) and section 85 of MVAT Act, 2002 related to levy of penalty for non filing of returns within prescribed time limit were amended with effect from 1st July 2009. The amended provision provides for imposition of mandatory penalty to the defaulting dealer. The provision of section 29(8) attracts if the dealer fails to file the return as per the periodicity prescribed in the rule 17(4) of the MVAT rules. The penalty shall be .. Full Article

In this fourth article we are attempting to present the grounds on which departmental authorities are disallowing the refund claims as related to Specialized cleaning services (namely disinfecting, exterminating, sterilizing or fumigating of containers) availed by the exporters (Section 65[105][zzzd]). This complete state of affairs is humorously picturisead by the way of poems and conversation between Johnny (an assessee) and his father. This Endeavour is just to bring .. Full Article

In continuation of previous article, elaborating the difficulties in getting the refund claim under GTA service, we in this article are unveiling the problems existing in the Service tax refund mechanism under Port Services (Section 65[105][zn]). This complete scenario is being elaborated with the means of humorous poems and conversation between Johnny (an assessee) and his father but the main motive is to bring out the problems faced by exporters. Full Article