In exercise of the powers conferred by sub-section (1B) of section 35B of the Central Excise Act, 1944 (1 of 1944), the Central Board of Excise and Customs hereby makes the following further amendments in the notification of the Government of India, Ministry of Finance, Department of Revenue No. 25/2005-Central Excise (N.T), dated the 13th May,2005 published in the Gazette of India, Extraordinary, part II, Section 3, Sub-section (i), vide number G.S.R.305(E), namely.
The principal notification No. 147/2003-Customs, dated the 7th October, 2003, was published in the Gazette of India, Extraordinary, Part II, Section 3, sub-section (i) vide number GSR 793(E), dated the 7th October, 2003 and was last amended vide notification No. 50/2008-Customs, dated the 21st April, 2008 and was published in the Gazette of India, Extraordinary, Part II, Section 3, sub-section (i) vide number GSR 296(E), dated the 21st April, 2008.
Avaya Global Connect vs. ACIT (ITAT Mumbai) – Where the assessee transferred its undertaking under a scheme of demerger which provided that neither the assessee nor its shareholders would receive any consideration from the transferee company as the value of the liabilities taken over were more than the value of the assets taken over and the assessee treated the difference between the said liabilities and assets as a capital reserve and the question arose whether such difference was assessable to tax
CIT vs. Enron Oil & Gas (Supreme Court) – Where the Assessee had entered into a production sharing contract with a consortium which was governed by section 42 of the Act and the assessee made contribution at a certain rate to the consortium whereas the expenditure incurred out of the said contribution stood converted on the basis of a different exchaneg rate which exercise resulted into a loss on conversion of foreign currency to the assessee and the AO held the loss to be a notional loss
CCE vs. Shruti Colorants (Bombay High Court) – As s. 35-G of the Central Excise Act (and s. 130 of the Customs Act) provides that an appeal to the High Court shall be filed within 180 days of the receipt of the order appealed against and there is no provision for condonation of delay the court has no power to condone delay.
The matter has been examined and accordingly it is clarified that the restrictions on such transfer is limited to advance authorization and DFIA Scheme issued and operated under Actual User condition. Once transferability is endorsed on the DFIA, transfer of the imported/domestically procured input(s) against such DFIA shall not be covered by the restrictive clause of the aforesaid Public Notice.
With a view to liberalizing the procedure further, it has been decided to raise the limit of USD 100,000 for advance remittance for alladmissible current account transactions for import of services without bank guarantee to USD 500,000 or its equivalent. AD Category – I banks may frame their own guidelines to deal with such cases as per the policy approved by the bank’s Board of Directors. RBI/2008-09/ 158 ,A.P.(DIR Series) Circular No. 15, September 08, 2008
Therefore, there cannot be a formula which had no connection with the value of the individual assets and the liabilities. The price was determined that of the business and therefore, there is no question of picking up any portion of such price and charging its capital gains. It appears to us that before transfer of the company, the said company had issued subscribed share capital and the original share certificates
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 amendments to Notification No.37 dated 3rd September, 2008.
The Joint Venture can be treated as an association of persons (A.O.P.) in consonance with section 2(31)(v) read with the Explanation to section 2 of the Act and liable to be assessed as such under the Income-tax Act. All the partners of J.V. have joined in for common purpose on their own volition to produce income which is shared in certain ratio. The J.V. is to be taxed in the status of an association of persons @ 41% net basis.
