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Archive: July, 2011

Posts in July, 2011

Notification No.34/2011-Central Excise; dated: 19.07.2011

July 19, 2011 853 Views 0 comment Print

NOTIFICATION No.34/2011-CENTRAL EXCISE – In exercise of the powers conferred by sub-section (1) of section 5A of the Central Excise Act, 1944 (1 of 1944), the Central Government, on being satisfied that it is necessary in the public interest so to do, hereby makes the following further amendments in the notification of the Government of India in the Ministry of Finance (Department of Revenue), No.64/95-Central Excise, dated the 16th March, 1995 which was published in the Gazette of India, Extraordinary, vide number G.S.R.256(E), dated the 16th March, 1995, namely:-

Amends Notification No. 39/96-Customs, dated the 23rd July, 1996 – Vide Notification No. 64/2011-Customs

July 19, 2011 862 Views 0 comment Print

NOTIFICATION NO. 64/2011-Customs., Dated: July 19, 2011 -In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of 1962), the Central Government, on being satisfied that it is necessary in the public interest so to do, hereby makes the following further amendments in the notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 39/96-Customs, dated the 23rd July, 1996, published in the Gazette of India, Extraordinary, vide number G.S.R. 291(E), dated the 23rd July, 1996, namely:-

Amends Notification No.21/2002-Customs, dated the 1st March, 2002 vide Notification No. 63/2011-Customs

July 19, 2011 460 Views 0 comment Print

Notification No. 63/2011-Customs In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of 1962), the Central Government, on being satisfied that it is necessary in the public interest so to do, hereby makes the following further amendments in the notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 21/2002-Customs, dated the 1st March, 2002 which was published in the Gazette of India, Extraordinary, vide G.S.R. 118 (E) of the same date, namely: –

Amends Notification No. 41/2007-Customs, dated the 19th March, 2007 Vide Notification No. 62/2011-Customs

July 19, 2011 436 Views 0 comment Print

NOTIFICATION NO. 62/2011-Customs Whereas, the designated authority vide notification No. 15/20/2010-DGAD, dated the 9th December, 2010, published in Part I, Section 1 of the Gazette of India, Extraordinary, dated the 9th December, 2010, has initiated review, in terms of sub-section (5) of section 9A of the Customs Tariff Act, 1975 (51 of 1975) and in pursuance of rule 23 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995 (hereinafter referred to as the said rules), in the matter of continuation of anti-dumping duty on ‘Saccharin’, falling under heading 29251100 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, the China PR imposed vide notification of the Government of India, in the Ministry of Finance (Department of Revenue),No. 41/2007-Customs, dated the 19th March, 2007, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R.206 (E), dated the 19th March, 2007, and has requested for extension of anti-dumping duty upto one more year, in terms of sub-section (5) of Section 9A of the said Customs Tariff Act;

Clarification on Point of taxation Rules in respect of ‘Completion of service’

July 19, 2011 9176 Views 0 comment Print

CIRCULAR NO. 144/13/2011-ST Dated: July 18, 2011 Representations requesting clarification on ‘completion of service’ as provided under the Point of Taxation Rules, 2011 and Service Tax Rules, 1994 have been received from certain sections of service providers that in many situations it is not possible to issue invoices within 14 days of the completion of the service since the exact date of completion of service is difficult to identify. Instances have been given where after the task of providing the service may be physically accomplished, but certain other formalities are required to be completed from the client’s end before an invoice can be issued.

Canada Tax Court Explains Tax Avoidance and General Anti Avoidance Rule (GAAR)

July 19, 2011 501 Views 0 comment Print

TRIAD GESTCO LTD. VERSUS HER MAJESTY THE QUEEN (Canada Tax Court) – The transactions undertaken by the appellant amount to abusive tax avoidance because they defeat the underlying rationale of the capital loss provisions in the Act. Through the manipulation of the fiscal ‘amount’ of the Rcongold common shares, the appellant created artificially devalued property that was transferred to a person within the same economic unit to create an artificial capital loss without incurring any real economic loss. On August 27, 2002, the appellant owned shares of Rcongold which had a fair market value of $8 million (the common shares). On August 28, 2002, the appellant continued to own shares of Rcongold which had a fair market value of $8 million (the Class ‘E’ shares) and after the disposition of the common shares of Rcongold to the PCT, the appellant continued to own shares in Rcongold having a fair market value of $8 million.

Despite Tax Avoidance, 100 Per cent Depreciation on Sale and Lease Back Allowable – Delhi High Court

July 19, 2011 2240 Views 0 comment Print

CIT vs. Cosmo Films Ltd (Delhi High Court) – High Court observed that if the sale and lease back agreement between the assessee and the OSEB indicate that the assessee had purchased the plant and machinery from OSEB for a price and had leased out the same to OSEB on lease rent, the revenue department cannot discard the said sale and lease back agreement on the ground that the underlying motive of the assessee to enter into the said transaction was to reduce its income-tax liability.

Dr. M.Virappa Moily gives away ICWAI 8th National Awards for excellence in Cost Management 2010

July 19, 2011 1007 Views 0 comment Print

Union Minister of Corporate Affairs Dr. M. Virappa Moily today presented the ICWAI 8th National Awards for excellence in Cost Management 2010 to the representatives of leading industrial organisations both in the public sector as well as the private sector at Vigyan Bhawan, New Delhi. Speeking on the occasion the minister said Cost leadership is an essential ingredient for all business whether in manufacturing of services sector. Cost Management is therefore an important aspect for any organization to provide a base for its efforts to be in position to excel.

Copyright Board Reconstituted

July 19, 2011 288 Views 0 comment Print

The Department of Higher Education, Ministry of Human Resource Development has reconstituted the Copyright Board, as per section 11 of the Copyright Act, 1957 by appointing Justice Ramesh Chandra Chopra (retired) as the Chairman of the Copyright Board for a period of five years or till further orders, whichever is earlier, with effect from the 15th July, 2011.

Regarding Handling of Cargo in Customs Areas Regulations, 2009

July 18, 2011 571 Views 0 comment Print

Circular No. 29/2011-Customs Board clarifies that Commissioner of Customs, subject to his satisfaction, should not insist for residential accommodation for staff from CCSP in cases where concerned facility of CCSP is located in the city area. The underlying idea is to provide for residential facilities for staff deployment at Customs facilities located in far flung and remote areas where it is difficult to have appropriate residential facility and which can not be easily commuted by the officers.

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