Consequently, the above mentioned Goods are entitled to benefits under High Value Added Manufactured Goods category (Para 3.10.2 of Foreign Trade Policy, 2004-09) on exports made w.e.f 1.4.2008, only if condition in Note 2 above is fulfilled to the satisfaction of the RA concerned .
In exercise of the powers conferred by Section 5 read with Section 3(2) of the Foreign Trade (Development & Regulation) Act, 1992 (No.22 of 1992) and also read with Para 1.3 and Para 2.1 of the Foreign Trade Policy, 2004-2009, the Central Government hereby makes the following addition with immediate effect at the end of Paragraph 2 of Notification No. 33(RE-2007)/2004-2009, dated 08.10.2007 (pertaining to prohibition on export of wheat and wheat products).
In exercise of the powers conferred by sub-section (1) and sub-section (5) of section 9A of the Customs Tariff Act, 1975 (51 of 1975) read with rules 18 and 23 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, the Central Government, hereby makes the following amendment in the notification of the Government of India in the Ministry of Finance, Department of Revenue No. 86/2007-CUSTOMS dated the 10th July, 2007, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) of vide number G.S.R. 477(E), dated the 10th July, 2007, namely
The Income Tax Department (ITD) creates Annual Tax Statement of each taxpayer using their Permanent Account Number (PAN) as identifier. The tax statement contains details of tax paid by the taxpayer himself (self assessment/advance tax) and also details of tax deducted/collected from him during the financial year.
The Finance Act, 1994, provided for levy of service-tax in respect of ‘Taxable services’. Section 68 of the aforesaid Act lays down that the provider of taxable services shall be liable for payment of service tax, at the specified rate. The relevant provisions in this regard are section 68 of the Finance Act, 1994, as also Rule 6 of the Service-Tax Rules.
In pursuance of the provisions of paragraph 2.4 of FTP, the Director General of Foreign Trade (DGFT) hereby notifies the compilation known as HBP v1, HBP v2 and Schedule of DEPB rates. These compilations, as amended from time to time, shall remain in force ‘until further amendments’ except DEPB Scheme which shall continue to be operative till May 2009.
A copy of Certificate of Physical Verification from the DCF/DFO of the concerned Division. The Physical Verification Report must be duly supported/mentionedwith the transit permit. The unexported materials against the licence obtained but lying in premises/godowns of the firm must also be inspected at that time and must be duly reflected in the Physical Verification Report.
Attention is invited to the Policy Circular No. 1 dated 11.4.08 on the above subject wherein in clause 2(c) of the said Circular, it was stated that “Clearing and Forwarding (C&F) Agency Service is not leviable to Service Tax”. Department of Revenue have now issued TRU Notification No. 33 dated 7.12.2008 allowing refund of Service Tax paid on the services provided by a Clearing and Forwarding Agent in relation to Export Goods.
ITO VS. VARIA PRATIK (ITAT A’BAD) Though s. 292BB comes into force on 1.4.2008 and not from any particular assessment year, it is declaratory, procedural and curative in nature and accordingly the validity of notices issued/served will have to be decided after 31.3.2008 in accordance with the provisions of section 292BB irrespective of the assessment year involved;
SHIVSAGAR VEG VS. ACIT It is incumbent upon the Tribunal, being the final authority of facts, to appreciate the evidence, consider the reasons of the authorities below and assign its own reasons as to why it disagrees with the reasons and findings of the lower authorities. The Tribunal cannot brush aside the reasons or findings recorded by the lower authorities. It must give reasons and its failure to do so renders its’ order unsustainable
