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Archive: 2009

Posts in 2009

Notification on Exempt Services in relation to transport of goods by rail

September 1, 2009 1259 Views 0 comment Print

Notification No. 33/2009 – Service Tax Central Government hereby exempts the taxable service provided to any person in relation to transport of goods by rail, as referred to in sub-clause (zzzp) of clause (105) of section 65 of the Finance Act, from the whole of the service tax leviable thereon under section 66 of the Finance Act, provided, nothing contained in this notification shall apply to any service provided or to be provided, by any person other than government railway, in relation to transport of goods in containers by rail.

Exempt Services in relation to manufacture of pharmaceutical products, medicines, perfumery, cosmetics or toilet preparations containing alcohol

September 1, 2009 633 Views 0 comment Print

Notification No. 32/2009-Service Tax Government exempts taxable service in relation to the manufacture of pharmaceutical products, medicines, perfumery, cosmetics or toilet preparations containing alcohol, which are charged to excise duty under Medicinal and Toilet Preparations (Excise Duties) Act, 1955 from the whole of the service tax leviable thereon under section 66 of the said Finance Act.

Notification on Exempt Services in relation to sale or purchase of securities listed on a registered stock exchange by a sub-broker

September 1, 2009 5775 Views 0 comment Print

Notification No. 31/2009-Service Tax Central Government exempts the taxable service in relation to sale or purchase of securities listed on a registered stock exchange from the whole of the service tax leviable thereon under section 66 of the said Finance Act.

Public Notice No. 4/2009-14, Dated: 31.08.2009

August 31, 2009 400 Views 0 comment Print

In exercise of the powers conferred under Paragraph 2.4 of the Foreign Trade Policy, 2009-14, the Director General of Foreign Trade hereby makes the following corrections / amendments in HBPv1 (including Appendices and ANFs).

Public Notice No. 3/2009-14, Dated: 31.08.2009

August 31, 2009 397 Views 0 comment Print

However, it is clarified that in case the importer wants to use a specific permission/license for import of a restricted item as well as pay the duty using Duty Credit Scrip, then Duty Credit Scrip shall be allowed to be used only if the item is also importable under the respective paras of Duty Credit Scrip (reference FTP Paras 3.12.6, 3.13.4, 3.16.4, and 3.17.5).

Notification No. 24/2009-Central Excise; Dated: 31.08.2009

August 31, 2009 637 Views 0 comment Print

– The principal notification was published vide number G.S.R. 266(E), dated the 31st March, 2003, and last amended vide notification No. 10/2009-Central Excise, dated the 7th July, 2009, published vide number G.S.R.468(E), dated the 7th July, 2009.

Levy of penalty for declaration of in-genuine gift in revised return u/s. 139(5) of IT Act

August 31, 2009 555 Views 0 comment Print

The undisputed fact is that return filed by the assessee on 31.7.2001 did not contain any information with respect to the amount of gifts received by the assessee in the name of his children. That return was processed under section 143(1) on 1.2.2002 and notice under section 143(2) was also issued on 14.2.2002 and compliance was required to be made on 1.4.2002 which was not made.

Section 260A authorizes the High Court to hear an appeal only when substantial question of law is involved

August 31, 2009 1035 Views 0 comment Print

It is settled position of law that appeal is creature of Statute and appeal can be filed only when permitted by Statute and can be filed on the grounds mentioned In the Statute. In terms of section 260-A the High Court gets power to hear and decide an appeal only when a substantial question of law is involved. The section 260-A of the Act of 1961 thus, authorizes the High Court to hear an appeal only when substantial question of law is involved.

AAR on tax rate applicable to a foreign company on LTCG accruing to it on sale of shares in Indian company

August 31, 2009 1030 Views 0 comment Print

The applicant is a non-resident Company incorporated in United Kingdom. It is engaged in the business of information technology services. The applicant acquired the shares in Zensar Technologies Limited (for short `Zensar’), an Indian company by making payments in foreign currency between 1963 and 1994, after obtaining RBI’s approval.

Depreciation on transfer of Investment from available for sale (AFS) to held to maturity (HTM) category by banks

August 31, 2009 3061 Views 0 comment Print

Assessee is treating the securities held under the, category ‘held for maturity’ as stock-in-trade. If there is appreciation in the market value as compared to the market value at the opening of the year and such appreciation is also accounted for. It is not claiming depreciation only for the years, when the value has gone down.

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