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Archive: 2010

Posts in 2010

Amendments in the Handbool of Procedures (Vol-1), 2009-14 – addition of sub-paragraph 4.4.5- DGFT PUBLIC NOTICE No 78/2009-14

July 1, 2010 367 Views 0 comment Print

Where import of meat and meat products of any kind including fresh, chilled and frozen meat, tissue or organs of poultry, pig, sheep, goat; egg & egg powder; milk & milk products; bovine, ovine and caprine embryos, ova or semen; and pet food products of animal origin has been sought as an input under Advance Authorisation, the RA, while issuing advance authorisation, shall endorse a condition that before effecting imports of any of these inputs, Sanitary Import Permit shall be obtained from the Department of Animal Husbandry, Dairying and Fisheries (DAHDF). RA shall also endorse a copy of authorisation to DAHDF, Krishi Bhawan, New Delhi.

New Office address of Federation of Gujarat -Industries (Amendment in Appendix 4C)- DGFT Public Notice No. 77/2009-14

July 1, 2010 408 Views 0 comment Print

In exercise of powers conferred under paragraph 2.4 of the Foreign Trade Policy 2009-2014, the Director General of Foreign Trade hereby makes the following amendment in Appendix 4C (List of Agencies Authorised to Issue Certificates of Origin – Non Preferential) of the Handbook of Procedures (Vol.I):

Recent High Court decisions on service tax on “Renting of Immovable Property” services

July 1, 2010 954 Views 0 comment Print

The Hon?ble Delhi High Court in case of Home Solution Retail India Ltd. Vs. Union of India and Others (2009- TIOL-196-HC-DEL-ST) had held that renting per se is not a taxable service under the provisions of Section 65(105)(zzzz) of the Finance Act, 1994 („Act?). The Court also held that service tax is a tax on value addition provided by the service provider in the course of renting and insofar as mere renting of immovable property for use in the course of business or commerce is concerned, no value addition is discernible.

Reversal of Cenvat Credit of service tax in case of trading activities

July 1, 2010 7644 Views 0 comment Print

Orion Appliances Ltd (hereinafter referred to as the „appellant?) was engaged in providing maintenance and repair and commissioning and installation services. The appellant was also engaged in trading activities. The appellant availed CENVAT credit of service tax paid on various input services including advertising, security, courier, telephone and banking services which were used in provision of taxable output services as well as for trading activities.

CESTAT Larger Bench decision on levy of service tax in case of turnkey contracts

July 1, 2010 1710 Views 0 comment Print

The Hon?ble CESTAT, Delhi held in case of Daelim Industrial Co. Ltd Vs CCE, Vadodara (‘Daelim’) (2003-TIOL­1 10-CESTAT-DEL) that a works contract cannot be vivisected and a part of it cannot be subjected to service tax. In the case of CCE, Raipur Vs M/s BSBK Pvt. Ltd (2009 (13) STR 26) it was observed by the Hon?ble CESTAT, Delhi that the conclusion in the Daelim case, prima facie, is not in accordance with the law.

Ulip Agents Commission set to fall by 6 Percent

July 1, 2010 898 Views 0 comment Print

The recent changes made to unit-linked insurance plans are going to pinch the agents that sell these insurance products the most.With the new cap on the charge during the term of the policy, agents are set to see a significant 500-600 basis points fall in commissions.

Confusion over accounting treatment of Ramalinga Raju's Rs 1,230-cr investment in Satyam

July 1, 2010 1147 Views 0 comment Print

The Mahindra group and the various enforcement agencies appear to have different viewpoints on the treatment of the Rs 1,230-crore, which Mr Ramalinga Raju had personally invested in the erstwhile Satyam Computer Services between 2007 and 2009.

Unabsorbed depreciation of AYs 1997-98 to 2001-02 not eligible for relief granted by amended s. 32(2) in AY 2002-03- Special Bench Reverses S. 32 Depreciation Law

July 1, 2010 1107 Views 0 comment Print

Till AY 1996-97 unabsorbed depreciation could be set off against income under any head. From AY 1997-98 to 2001-2002 unabsorbed depreciation could be set off only against business income. From AY 2002-2003 onwards unabsorbed depreciation could again be set off against income under any head of income.

Account Maintenance Charges collected upfront on annual/ half yearly basis on demat accounts

July 1, 2010 1323 Views 0 comment Print

The Depository Participants (DPs) have a system of collecting account maintenance charge (AMC) from beneficial owners (BOs) towards maintenance of demat accounts for varied periodicity of collection (viz. monthly, quarterly, half yearly and annually). It has been noticed that in cases where AMC is collected on an annual upfront basis, on closure/shifting of demat account, the AMC for the balance period for which no service has been provided by the DP, is not refunded to the BO.

From Today Air Travel will cost you Rs. 103 Extra

July 1, 2010 624 Views 0 comment Print

Effective July 1, 2010, the Government of India has levied a Service Tax that will be applicable on domestic air travel. Kindly note, the applicable Service Tax will be INR 103 per passenger, per sector inclusive of cess.

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