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Archive: 06 August 2011

Posts in 06 August 2011

Whether Iron and Steel structures manufactured and used captively in the factory for installation of the Sugar manufacturing plant by the assessee can be classified as capital goods under Rule 57Q of the Central Excise Rules, 1944?

August 6, 2011 4363 Views 0 comment Print

Saraswati Sugar Mills Vs Commissioner Of Central Excise, Delhi- III (Supreme Court of India)- The question which arose before the Tribunal was that whether these items used for fabricating structures to support and install various machinery of the sugar plant are capital goods in terms of the Rule 57Q. The Tribunal while allowing the MODVAT credit found that these items, except MS sections and shapes, used for raising structure to support the various machines, parts of machinery of the plant would be covered by the explanation to Rule 57Q as a capital goods.

Service tax is payable on Sale of SIM cards, no sales tax – even if Sales tax is wrongly paid, Service Tax is payable – Supreme Court

August 6, 2011 5334 Views 0 comment Print

Idea Mobile Communication Ltd. Vs C.C.E. & C., Cochin (Supreme Court of India)- Amount received by the cellular telephone company from its subscribers towards SIM Card will form part of the taxable value for levy of service tax, for the SIM Cards are never sold as goods independent from services provided.

Electricity tariff is leviable at Commercial rates on Residential premises used by advocates for Commercial Activities

August 6, 2011 25452 Views 1 comment Print

Rajendra G. Shah V/s Maharashtra State Electricity Distributiohn Company Limited (Bombay High Court) -The petitioner had thus admitted even in the plaint in the suit that the premises were used exclusively for the purpose of office not only by him but were shared with another advocate principally practicing in Mumbai. In view of the fact that the suit premises are exclusively used for the purpose of office, the petitioner is not entitled to claim that he should be charged for electricity consumed at the rate meant for domestic use, i.e. LT I – Residential use. The user of the suit is clearly a non-domestic and non-residential. The executing Court below therefore did not commit any error in holding that the decree which was passed in RCS No. 194 of 2000 was non-executable in view of the fact that the revised tariff had been fixed by the MERC which make the classification of the tariff only on the basis of domestic and non-domestic uses and not on the basis of residential use as opposed to commercial use.

CBDT Committee examining Amendment required in Law to Prevent Black Money

August 6, 2011 516 Views 0 comment Print

A Committee headed by the Chairman, CBDT has been constituted to examine ways to strengthen laws to curb generation of black-money in India, its illegal transfer abroad and its recovery. The Committee shall examine the existing legal and administrative framework to deal with the menace of generation of black money through illegal means including inter alia (a) declaring wealth generated illegally as national asset: (b) enacting/amending laws to confiscate and recover such assets; and (c)exemplary punishment against its perpetrators.

16 Imported Luxury Cars Seized between April,2011 to July 2011 for evasion of duty of Rs.4.87 crores

August 6, 2011 691 Views 0 comment Print

Sixteen number of imported luxury cars have been seized in the country during the recent past between April,2011 to July 2011.They are valued at Rs.6.75 crores and involves evasion of duty of Rs.4.87 crores. All Customs field formations have been sensitized and alerted to prevent smuggling of imported cars into the country. Action under the provisions of the Customs Act, 1962 has been initiated against the importers.

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