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Archive: 2009

Posts in 2009

Development Authorities/ Urban civic bodies under CBDT’s lens

April 24, 2009 517 Views 0 comment Print

Local city development agencies, such as Delhi Development Authority and Noida Development Authority, which have been raking in the moolah for some time from their housing projects, have drawn the attention of taxmen. The Central Board of Direct Taxes has sounded an alert to its field forces asking them to keep a tab on tax payments by […]

Three more credit information companies get RBI nod to do business

April 24, 2009 943 Views 0 comment Print

Reserve Bank of India has allowed three more credit information companies to do business. The banking regulator has also permitted the only  existing local credit bureau Cibil (Credit Information Bureau India Ltd) to maintain credit histories of insurance and telecom customers. The three new entities include Equifax Credit Information Services, Experian Credit Information Company, and […]

Service Tax – Access to registered premises – Empowerment of Officers thereof

April 24, 2009 2765 Views 0 comment Print

Trade Notice No. 19/2009 Rule 5 A was inserted in the Service Tax Rules, 1994 vide Service Tax (Sixth Amendment) Rules, 2007 (Notification No.45/2007 – ST dated 28.12.2007 refers). Attention is also drawn to the instructions issued by the Board vide F.No.137/26/2007-CX.4 dated 01.01.2008 in this regard

Commissioner can regard an order as erroneous on the ground that the AO should have made further enquiries

April 24, 2009 669 Views 0 comment Print

2. We have heard the rival submissions in the light of the material placed before us and the precedents relied upon. This appeal is directed against the order passed under section 263 of the Act. The assessee is a company. For the relevant assessment year in the balance sheet of the assessee a provision for gratuity was reflected at Rs.7,85,600/ -. The assessee claimed this as deduction in the return of income

Utilisation of accumulated CENVAT credit restricted in terms of erstwhile Rule 6(3)( c) of CENVAT Credit Rules, 2004

April 24, 2009 1027 Views 0 comment Print

Trade Notice No. 14/2009 Prior to 01.04.2008 [before the amendment in Rule 6(3)] the option available to the taxpayer, under Rule 6(3), was that, he was allowed to utilize credit only to the extent of an amount not exceeding 20% of the amount of service tax payable on taxable output service. However, there was no restriction in taking CENVAT credit and also there was no provision about the periodic lapse of balance credit. This resulted in accumulation of credit in many cases.

Levy of service tax on production of Alcoholic beverages on job work basis

April 24, 2009 4102 Views 0 comment Print

Trade Notice No. 13/2009 Issues relating to taxable services provided during the course of production of alcoholic beverages (such as Indian Made Foreign Liquors, Branded Country liquors and similar products) are matters of dispute for a considerable period. In this regard, a draft circular of Central Board of Excise & Customs in F.No.249/1/2006-CX.9 dated November, 2006 (on applicability of service tax on taxable services provided in certain cases during the course of production of alcoholic beverages) was placed on the official website for eliciting responses from the stakeholders. The responses received from various stakeholders were carefully examined.

Delhi High Court held levy of service tax on Commercial Rent Unconstitutional

April 24, 2009 8072 Views 0 comment Print

Brief Facts:- Several writ petitions were filed with the Delhi High Court, questioning the legality, and validity of Notification No. 24 / 2007 –ST dated May 25, 2007 (which exempts from service tax, the taxes paid on property from the gross value charged for renting of immovable property) and Central Board of Excise and Customs (CBEC) Circular No. 98/1/2008 – ST dated January 1, 2008 (which clarified that right to use immovable property is leviable to service tax). The petitions questioned the levy of service tax on renting out of immovable property per se since the taxable services contemplated under Section 65(105)(zzzz) of the Finance Act, 1994 (as amended) were services provided in relation to renting of immovable property.

SAT cannot set aside orders passed by SEBI U/s. 12(1) of the SEBI Act related to registration of brokers: SC

April 23, 2009 972 Views 0 comment Print

The Securities and Exchange Board of India (Sebi) won a crucial judgment in the Supreme Court against the Securities Appellate Tribunal (SAT), which has many a time set aside its orders. The SC on Tuesday held that the tribunal cannot set aside orders passed by Sebi under section 12(1) of the Sebi Act. The section […]

Return Scrutiny Manual for scrutiny of ST 3 returns – reg

April 23, 2009 3302 Views 0 comment Print

The Working Group on Central Excise and Service Tax re-engineering, constituted by the Board has prepared a Return Scrutiny Manual for Service Tax (RSMST). The said manual has been approved by the Board and a copy of the same is enclosed herewith. Circular No.113/07/2009-ST dated the 23rd April, 2009.

Regarding anti-dumping duty on import of Cold Rolled Flat Products of Stainless Steel

April 22, 2009 469 Views 0 comment Print

For the purposes of this notification, ‘rate of exchange’ applicable for the purposes of calculation of anti-dumping duty shall be the rate which is specified in the notification of the Government of India in the Ministry of Finance (Department of Revenue), issued from time to time, in exercise of the powers conferred by section 14 of the Customs Act, 1962 (52 of 1962) and the relevant date for determination of the rate of exchange shall be the date of presentation of the bill of entry under section 46 of the said Customs Act.

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