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Archive: 2012

Posts in 2012

Customs – EOU Exemption – Goods rejected by Foreign Buyer

September 13, 2012 1039 Views 0 comment Print

Notification No. 53/2012-Customs For removal of doubts, it is clarified that the goods for which there is failure of the foreign buyer to take delivery shall include goods rejected by the foreign buyer

Bullock Cart drivers are not GTA service providers – CESTAT

September 13, 2012 3193 Views 0 comment Print

When we read meaning of consignment note with the taxing entry under section 65 (105) (zzp) of the aforesaid Act it is inconceivable to bring the bullock carts transporting sugar cane to the fold of law, since law requires the transport made by goods carriage should only be brought to tax.

Interest on Share Application Money till allotment is taxable in hands of applicant

September 13, 2012 7061 Views 0 comment Print

Though a total sum of Rs. 5 crores was placed by the State Government at the disposal of the assessee-company for allotment of shares, such sum was not utilized for the purpose for which the same was transferred. As per the understanding between the assessee and the State Government pending allocation of shares, whatever interest was earned, should be paid over to the State of Gujarat.

Interest under Section 234B/234C is mandatory even if not specified in Assessment Order – SC

September 13, 2012 4186 Views 0 comment Print

The short point involved in the present case is whether levy of interest under Section 234A/234B of the Income Tax Act, 1961, is mandatory or not. At one point of time there was a doubt on the nature of interest payable by the assessee under Section 234A/234B of the Act. That controversy stood finally settled by a Five-Judge Bench decision of this Court in the case of Commissioner of Income-Tax v. Anjum M.H. Ghaswala and Others, [2001] 252 ITR 1.

Customs – Reimport of Export Goods – Parts of Aircraft from SEZ Exempted

September 13, 2012 1592 Views 0 comment Print

Notification  No. 52/2012-Customs New Delhi, the 13th September, 2012 G.S.R. (E).- In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of 1962), the Central Government being satisfied that it is necessary in the public interest so to do, hereby makes the following further amendments in the […]

Regarding concessional rate of duty on Gold Findings +Customs – Bra Cups &Other Items imported for use in Textile Exports Exempted

September 13, 2012 1730 Views 0 comment Print

Notification No. 51 / 2012 – Customs Seeks to amend notification No.12/2012-Cus,dated 17.03.2012 to provide concessional rate of duty on Gold Findings and to extend the list of items under Sr. No.282

Regarding anti-dumping duty on imports of Ductile Iron Pipes , originating in, or exported from, China PR

September 13, 2012 1074 Views 0 comment Print

Notification No. 41/2012-Customs (ADD) Anti dumping duty on imports of Ductile iron Pipes, originating in, or exported from, China PR was imposed by Notification No. 103/2007-CUSTOMS, dated the 14th September, 2007 and would have expired on 13 September 2012. Now, the Government has extended it by another year till 12 September 2013.

‘Date of setting up of business’ of assessee is the date when one of the categories of its business starts

September 13, 2012 4395 Views 0 comment Print

Honorable ITAT held that It is not necessary that all categories of its business activities must start either simultaneously or the last stage must start before it can be said that the business was set up. Absence of flow of revenue irrelevant for deciding whether a business has been set up.

Section 80HH/80I – Assessee not statutorily obliged to maintain its accounts unit-wise

September 13, 2012 813 Views 0 comment Print

Neither Section 80HH nor Section 80I (as it then stood) statutorily obliged BRPL to maintain its accounts unit-wise and that it was open to BRPL to maintain its accounts in a consolidated form in order to put an end to the litigation between the Tax Department and the PSU we remit the case to the case to the AO

Sanctioned scheme of amalgamation/arrangement attracts Stamp Duty-HC

September 12, 2012 9531 Views 0 comment Print

As per the proposed law that was pending for consideration of the President of India, scheme of amalgamation and/or arrangement would involve two per cent Stamp Duty whereas the ‘conveyance’ as of date would require payment of duty at the rate of seven per cent. It is for the State to fix the rate. So long the new law does not come in force the existing law would prevail.

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