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Archive: 13 July 2009

Posts in 13 July 2009

Notification No. 83/2009-Customs Duty (N.T.), Dated: 13.07.2009

July 13, 2009 280 Views 0 comment Print

for the purpose of adjudicating the matters relating to Show Cause Notice pertaining to M/s Euroasia Global, 8/6514, Hardhian Singh Road, Dev Nagar, Karol Bagh, New Delhi – 110005 and other issued vide, DRI F.No. 23/01/2007-DZU, dated the 25th March, 2009, by the Additional Director General, Directorate of Revenue Intelligence, Delhi Zonal Unit, New Delhi.

FBT abolished and Perquisites earlier covered under FBT become taxable in the hand of Employees

July 13, 2009 2099 Views 0 comment Print

Currently, certain prescribed fringe benefits provided by an employer to his employees are liable to FBT in the hands of the employer. Such fringe benefits are not included within the scope of ‘perquisites’ as defined in section 17. As FBT will now be abolished, ‘perquisites’ will include the following: 1. Presently, FBT is levied on […]

Taxability of receipts from transfer of marketing rights and non-compete fee

July 13, 2009 1084 Views 0 comment Print

9. The first item of receipt is that of Rs.5.010 crores towards assignment of marketing rights for local as well as export business. The Assessing Officer held it to be a revenue receipt liable to tax. At this juncture, it will be relevant to consider the distinction between the revenue and capital receipt in the context of the nature of transaction we are concerned with. Albeit there is no conclusive test for drawing

If partner used club membership taken in his own name for business purpose then Club subscription paid by firm is allowable

July 13, 2009 2980 Views 0 comment Print

13. We have heard both the parties and perused the orders of the revenue authorities as well as above cited judgment of the jurisdictional High Court in the case of Otis Elevator Co (India) Ltd (supra). The case of the assessee is that the said subscription of Rs 3 lakhs is wholly and exclusively for the business purpose. On the other hand, the case of the revenue is that the unlike in company

Applicability of section 194C of IT Act, 1961 on contract for sale of goods

July 13, 2009 2619 Views 0 comment Print

6. We have heard the rival submissions and perused the relevant material on record. Section 194C provides that “any person responsible for paying any sum to any resident (hereinafter in this section referred to as the contractor) for carrying out any work (including supply of labour for carrying out any work) in pursuance of a contract between the contractor and …….(d) any company ……….. shall,

Validity of order passed u/s 154 of IT Act, 1961 when demand notice served after limitation period

July 13, 2009 9026 Views 7 comments Print

10. A plain reading of section 154 quoted above reveals that the Assessing Officer has to pass an order amending the assessment within the period of limitation as provided under sub-section (7) . Sub-section (3) of section 154 quoted above makes it obligatory upon the Assessing Officer to give a notice to the assessee and afford reasonable opportunity of being heard if the proposed amendment has the effect of enhancing an assessment

Notification No. 82/2009-Customs Duty (N.T.), Dated: 13.07.2009

July 13, 2009 340 Views 0 comment Print

for the purpose of adjudicating the matters relating to Show Cause Notice pertaining to M/s Salecha Exports Private Limited, No.-7, Shanti Niwas, 2nd Floor, Tara Temple Lane, Lamington Road, Mumbai-07 and others issued vide, F.No. DRI/MZU/INV-11/2006-07, dated the 30th March, 2009, by the Additional Director General, Directorate of Revenue Intelligence, Mumbai Zonal Unit, Mumbai.

Notification No. 81/2009-Customs Duty (N.T.), Dated: 13.07.2009

July 13, 2009 268 Views 0 comment Print

for the purpose of adjudicating the matters relating to Show Cause Notice pertaining to M/s Moser Baer Limited, 23, Shah Industrial Estate, 2nd Floor, Off Veera Desai Road, Andheri (W), Mumbai – 400 052 and another issued vide, F.No. DRI/MZU/E/44/2007, dated the 26th September, 2008, by the Additional Director General, Directorate of Revenue Intelligence, Mumbai Zonal Unit, Mumbai.

Notification No. 80/2009 – Customs (N.T.), dated 13-07-2009

July 13, 2009 430 Views 0 comment Print

In exercise of the powers conferred by sub-section (1) of section 4 and sub-section (1) of section 5 of the Customs Act, 1962 (52 of 1962), the Central Board of Excise and Customs hereby appoints the Commissioner of Customs, Inland Container Depot, Tughlakabad, New Delhi to act as a common adjudicating authority to exercise the powers and discharge the duties conferred or imposed on the Commissioner of Customs (Import), Jawaharlal Nehru Custom House, Nhava Sheva, Raigad, Maharashtra for the purpose of adjudicating the matters relating to Show Cause Notice pertaining to M/s Gupta Oils and Chemicals Company, C-16, Shivaji Park, Punjabi Bagh, New Delhi and others issued vide, F.No. 23/70/2006/DZU/6056-62, dated the 27th November, 2008, by the Additional Director General, Directorate of Revenue Intelligence, Delhi Zonal Unit, New Delhi.

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