"November, 2009" Archive - Page 22

SEBI looking to cut IPO listing process time to 7 days from existing 20 days

Market regulator Securities and Exchange Board of India (SEBI) said it wants to bring down the time required for IPO processing to seven days from 20 days at present over the next one year. While pointing to the fact that the primary market issuance process is not as efficient assecondary market in India, SEBI chairman CB Bhave said, “W...

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Posted Under: SEBI |

Income tax department unearthed undisclosed income of 35 crore in Rajasthan

An Information Technology (IT) Education and Multilevel Marketing group has surrendered undisclosed income of more than Rs 35 crore, before the Income Tax Department for taxation. The disclosure, biggest ever in Rajasthan, was made during the course of raids and survey conducted by the departmental sleuths at the group premises here and i...

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Posted Under: SEBI |

Excess insurance and transportation charges collected and includability of same in assessable value

Many a times the manufacturer of goods (Central Excise assessee) provides other services to the buyer and charges an amount for those services provided. The services may be like transportation of goods to the buyer premises, transit insurance of the goods, interest charges for the credit given to the buyer, Installation of the goods in th...

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Karnataka High Court rules on withholding tax obligation for non-resident payments

CIT Vs. Samsung Electronics Co Ltd (Karnataka High Court)

This article summarizes a recent ruling of the Karnataka High Court (HC) [ITA No. 2808 of 2005] in the case of Samsung Electronics and others (Taxpayers). The HC held that any payment resulting in any income in the hands of a non-resident would be subject to withholding tax under the Indian Tax Law (ITL). Unless an order is obtained from ...

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Posted Under: SEBI | ,

Branded Goods & SSI Exemption

Under Central Excise law a Small Scale Industries (SSI) have been given some benefits in duty payments. However these benefits are not available when the SSI unit is manufacturing goods bearing Brand name or Trade name of another person. It has always been a question of great disputes as to what is the meaning of the Brand name or trade n...

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Posted Under: SEBI |

Service tax on foreign commission agent

The foreign agents provide service to the exporters. However the services are provided outside India. They meet the prospective buyer outside India, they promote the products of the exporter outside India. For Service Tax to be leviable and payable, the services must be provided “in India”, except in the state of Jammu & Kashmir. ...

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Posted Under: SEBI |

Right to information Act, 2005 and its applicability in Excise & Customs

The right to Information Act, 2005 declares that the purpose of the Act is to “ promote openness, transparency and accountability in administration and in relation to matters connected therewith”. Thus the Act is fundamental in making the administration transparent and accountable. However, the result can be achieved only if public is...

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Posted Under: SEBI |

Right to consult an advocate during interrogation

Section 14 of the Central Excise Act and Section 108 of the Customs Act empower officers to summon person, ask questions from persons summoned and record their statement. These statements are legally admissible as evidence in various judicial and quasi-judicial proceeding. Further the persons summoned are legally required to state the tru...

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Posted Under: SEBI |

Right of an assessee when summoned

The Supreme Court held in Poolpandi that a person being interrogated under Section 14 of the Central Excise Act or under Section 108 of the Customs Act is not an accused nor can he plead that there is a possibility of being made an accused in future. Hence, he has no right to ask for his advocate presence during enquiry. The whole logic o...

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Posted Under: SEBI |

Refund of Duty Deposited During Investigation

The Central Excise law prescribes a time and procedure to pay the duty. When some amount is paid not as per that procedure or at time different from the time of payment of duty, such payment cannot be treated as duty paid under Central Excise. The issue was decided by the Gujrat High Court in Parle International Ltd. V/s VOI [2001 (127) E...

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Posted Under: SEBI |

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