we find that in the declaration(s) even though the assessee had doubts about the excisability of the said item and even though the assessee had sought clarification as far back on 5th September, 1994; they did not mention the word Scrabble in the body of the declaration(s) filed with the Department. They did not mention the details of the game Scrabble. Therefore, this conduct of the assessee clearly indicates that the assessee herein deliberately declared branded goods under sub-heading 9403.00 of the CETA to avoid any enquiry in the matter by the Department. For the above reasons, we are of the view that the Department was justified in invoking the proviso to Section 11A (1) of the 1944 Act.
Section 46(2) provides that when a shareholder receives money or any other asset from a company on its liquidation, then such shareholder shall be charged to capital gains tax. This capital gain is on account of transfer of shares effected by extinguishment of rights in the shares. The section further provides
TDS rates in case of Section 194-C and 194-I gets simplified this year. With several deductors requesting the department to ease the rates in these cases, department has finally take a call to streamline these rates.Contract Payments:Earlier, contract payments were attracting 2% TDS rate. If such contract is an advertisement contract then it was charged at 1%. Also all sub contracts were charged at 1% TDS rate.
Finance Act (2) of 2009 comes with major amendment in TDS provisions, where it withdraws additional deductions of surcharge and cess for Non-Salaried, Resident Payments. This would give a slight relax to the deductors in calculating the rate of tax. Applicable only on Non-Salaried, Resident Payments.The withdrawal of Surcharge and Cess is applicable only for Non Salaried payments, made to Indian Residents.
In the present scenario, tax is a burden imposed by law. Since our present state rest on the Principles of Rule of Law, the tax administration does not remain a mere revenue collection exercise, it take the shape of administration of a branch of law. Thus the ideal taxation is execution of a well defined law with defined burden, legal-procedural-financial, on the subjects. When such law is administered by an inefficient and corrupt institution, it does not result in merely less collection of revenue but erosion of subject’s faith in the existence of Rule of Law.
Under Indian tax regime, disputed taxes amounting to hundreds of crores is collected by the state, goods worth crores of rupees is confiscated by the state, penalties worth hundred of crores are imposed on citizens by the state through the process of departmental adjudication. I was thinking whether there is any procedure, which the adjudicator is required to follow before he can demand a tax of crores of rupess or deprive people of their property by confiscating goods or imposing penalty on citizens.
They are called “Public Servants”, for they are expected to serve the public. But what is being done in the name of serving the public is not even an “open secret”, it is available live on electronic media. Everyday we see some or the other so called public servants extracting money from the hapless citizens in the name of suvidha shulka, that is what bribe is called euphemistically. In customs, there is another name, speed money. If you wont pay this, you will end up paying huge amount of demurrage as your files, and consignment consequently will not move.
Once it is found that “Right to Natural Justice” is a “personal & individual right”, the person concerned can always waive such right. But the moot question is “whether principles of natural justice are personal individual rights?” This paper attempts to examine this question and waiver of such right if it is not a personal individual right.
Reserve Bank of India (RBI) and 926 computerized branches of public and private sector banks will receive advance income tax in Mumbai and Navi Mumbai, apex bank said in a statement.These arrangements have been made for the convenience of the income tax assesses. Of the 926 bank branches 862 branches are public sector bank branches, 35 HDFC bank branches, 10 ICICI bank branches and 19 AXIS bank branches.
Major financial sector bills such as the Insurance Law Amendment Bill seeking to increase the FDI cap in private insurance firms and the Banking Regulation Amendment Bill to raise the voting rights of foreign entities in private sector banks are unlikely to be taken up in the Winter session of Parliament that begins today.
