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Archive: 21 August 2012

Posts in 21 August 2012

Postmortem of Union Budget 2024: A Comprehensive Webinar

July 18, 2024 5625 Views 3 comments Print

Join our webinar on July 24-25 for an in-depth analysis of Union Budget 2024. Learn about tax proposals, sector impacts, and investment insights. Register now!

Live Course on 360 degree Analysis of Input Tax Credit from a Litigation Perspective

July 18, 2024 4662 Views 0 comment Print

Join CA Sachin Jain for a live course on Input Tax Credit from a litigation perspective. Gain practical insights and master ITC complexities. Register now!

CS June 2012 Examination Result on 25th August, 2012

August 21, 2012 1821 Views 0 comment Print

Company Secretaries Examinations June, 2012 Result Would Be Declared On 25th August, 2012 At 11.00 A.M. The Results Alongwith Individual Candidate’s Subjectwise Break-Up of Marks Will Be Available on the Institute’s Website, www.icsi.edu

Unhappy with the rate of pass percentage of CAs – Kumar Mangalam Birla

August 21, 2012 10402 Views 0 comment Print

Birla, a chartered accountant and an MBA himself, is not happy over the rate of pass percentage of CAs. The pass percentage during our time was 4 per cent. Now it is 17 per cent. The pass ratio should be 10 per cent,” he said, emphasising on the need for better products.

Refund of Service Tax paid ignorantly if its burden not passed on to customer?

August 21, 2012 2728 Views 0 comment Print

Tribunal were correct in taking the view that the refund was liable to be paid to the present respondents as service tax was not passed on to the buyers/customers and there was no unjust enrichment.

To impose Penalty u/s. 271(1)(c) receipt of amount in dispute must constitutes income of assessee

August 21, 2012 2595 Views 0 comment Print

It is now settled law that in order to sustain a penalty under section 271(1)(c) the department must establish that the receipt of the amount in dispute constitutes income of the assessee and part from the falsity of the explanation given by the assessee, the department must have before it cogent material or evidence from which it can be inferred that the assessee has consciously concealed the particulars of his income or has deliberately furnished inaccurate particulars in respect of such income.

Dispute Resolution and Tax-Payer Services through Indirect Tax Ombudsman, Delhi

August 21, 2012 646 Views 0 comment Print

The post of Indirect Tax Ombudsman has been created with the objective of enabling resolution of complaints relating to grievances against Customs, Central Excise and Service Tax Department and facilitating settlement of such complaints with satisfaction of the complainant. Para 10 (III) of ‘the Guidelines’ explains as to who can come up with complaint or grievance to the Ombudsman.

Overseas Direct Investments – Rationalisation of Form ODI

August 21, 2012 1003 Views 0 comment Print

In terms of Regulation 15(iii) of the Notification ibid,an Indian Party is required to submit to the Reserve Bank through the Authorised Dealer every year within 60 days from the date of expiry of the statutory period as specified by the respective laws of the host country for finalization of the audited accounts of the Joint Venture (JV) /Wholly Owned Subsidiary (WOS) outside India or such further period as may be allowed by the Reserve Bank, an Annual Performance Report (APR) in Form ODI Part III in respect of each JV or WOS outside India set up or acquired by the Indian Party. Further, an Indian party is allowed to undertake overseas direct investments under the General Permission (Automatic Route) subject to compliance to the provisions under Regulation 6 (and Regulation 7, if applicable) of the Notification.Regulation 6(2)(iv) of the Notification requires that the Indian Party has submitted the APR in respect of all its overseas investments in the format given in Part III of the Form ODI.

Validity of E-trip in Punjab

August 21, 2012 10602 Views 0 comment Print

Excise and Taxation Department, Punjab has made it mandatory to furnish information regarding intra-state movement of goods (within Punjab) by all persons making sales of Rs. 3 Lakh or above in a single transaction except in the case of Iron and Steel where this threshold shall be Rs. 2 Lakh instead of Rs. 3 Lakh and above.

Extended period of limitation not to be invoked if judiciary have taken different views

August 21, 2012 2031 Views 0 comment Print

The Tribunal was justified in recording the aforesaid findings. In the facts of the case, it was not possible to ascribe any wilful suppression or mis-statement on the part of the assessee for not paying excise duty because during the period in question, various decisions of the Tribunal were to the effect that the activity of cutting, bending, bunching of plates or channels in which the assessee was engaged, did not amount to manufacturing activity. In Continental Foundation Jt. Venture v. CCE 2007 (216) ELT 177 (SC), Apex Court observed that when there was bona fide doubt as to non-excisability of the goods due to divergent views of the Hon’ble Supreme Court, the extended period of 5 years cannot be invoked. Mere failure or negligence in not taking license or not paying duty, is not sufficient for invoking extended period.

Revisions to the Guidelines on Securitisation Transactions

August 21, 2012 841 Views 0 comment Print

In order to prevent unhealthy practices surrounding securitization viz; origination of loans for the sole purpose of securitization and in order to align the interest of the originator with that of the investors and with a view to redistribute credit risk to a wide spectrum of investors, it was felt necessary that originators should retain a portion of each securitization originated and ensure more effective screening of loans

ICAI exempts certain category of students from CPT Examination

August 21, 2012 5558 Views 0 comment Print

The following categories of students shall be exempted from passing the Common Proficiency Test (CPT):- (A) Graduates or Post Graduates in Commerce having secured in aggregate a minimum of 55% of the total marks or its equivalent grade in the examination conducted by any recognised University (including Open University) by studying any three papers of 100 marks each out of Accounting, Auditing, Mercantile Laws, Corporate Laws, Economics, Management (including Financial Management), Taxation (including Direct Tax Laws and Indirect Tax Laws), Costing, Business Administration or Management Accounting;

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