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Archive: 2012

Posts in 2012

New Tariff rate in respect of goods imported from Singapore

December 18, 2012 1108 Views 0 comment Print

Notification No. 61/2012-Customs – Seeks to amend notification No 10/2008 – Customs, dated 15th January 2008, so as to further deepen the tariff concessions in respect of goods imported from Singapore under the Comprehensive Economic Cooperation Agreement (CECA) between India and Singapore.

NOC from the concerned regulator/Institute for LLP Name approval/incorporation

December 17, 2012 9175 Views 0 comment Print

However, in case of change of name of an existing LLP, NOC from the concerned regulator shall be obtained at the time of making application for name approval because change of name of LLP is made by filing Form 5 through STP mode.

All about Place of Provision of Service Rules 2012

December 17, 2012 6157 Views 0 comment Print

The new charging section, section 66B, enables taxation of only such services as are provided in taxable territory. Thus services that are provided in a non-taxable territory are not chargeable to service tax.

SEBI : Establishment of Connectivity with both depositories NSDL and CDSL – Companies eligible for shifting from Trade for Trade Settlement (TFTS) to Normal Rolling Settlement

December 17, 2012 670 Views 0 comment Print

The Stock Exchanges are advised to report to SEBI, the action taken in this regard in the Monthly/Quarterly Development Report.

HC held seed certification work of a State Agency a business activity and denied registration

December 17, 2012 1759 Views 0 comment Print

HC held that CIT had rightly rejected the application of the petitioner for approval under Section 10 (23C) (iv) of the Act on the ground that the petitioner has not rendered its services directly to the farmers but is rendering its services directly to its clients/agents who are engaged in trading of the certified seeds with profit motive and therefore its activities are not for the ‘advancement of any other object of general public utility’ and hence not for ‘charitable purpose’ in view of second limb of the first proviso to Section 2 (15) of the Act.

S. 66B – Taxability of services or charge of service tax

December 17, 2012 56775 Views 7 comments Print

TAXABILITY OF SERVICE The taxability of services or the charge of service tax has been specified in section 66B of the Act. To be a taxable a service should be – provided or agreed to be provided by a person to another in the taxable territory and should not be specified in the negative list. […]

Loss set off U/s. 70 & 71 not permissible against income disclosed during survey

December 17, 2012 4727 Views 0 comment Print

Hon’ble Punjab & Haryana High Court in case of Kim Pharma (P.) Ltd. (supra) held that surrendered income during the survey has to be assessed separately as deemed income and set off of losses u/s 70 & 71 was not possible against such income.

‘Sint Maarten, Netherlands’, notified as specified area for DTAA

December 17, 2012 1266 Views 0 comment Print

Notification No. 54/2012-Income Tax In exercise of the powers conferred by Explanation 2 to section 90 of the Income- tax Act, 1961 (43 of 1961), the Central Government hereby notifies Sint Maarten, a part of Kingdom of Netherlands, the area outside India as the ‘specified territory’ for the purposes of the said section.

Brief on Negative List of Services

December 17, 2012 7163 Views 0 comment Print

NEGATIVE LIST OF SERVICES Service tax will be leviable on all services provided in the taxable territory by a person to another for a consideration other than the services specified in the negative list. There are seventeen heads of services (A to Q) that have been specified in the negative list:- A. Services by Government […]

Speed Post is not a valid mode of service u/s. 37C of Excise Act

December 17, 2012 2231 Views 0 comment Print

Having found a good case for the appellant on the question whether the order-in-original was issued and dispatched in accordance with the relevant provision of law, we have to remand this case to the learned Commissioner (Appeals) with a request to consider the assessee’s appeal filed against the order-in-original to have been filed within time and then to proceed to dispose it of on merits in accordance with law and the principles of natural justice. Accordingly, we set aside the impugned order and allow this appeal by way of remand for the aforesaid purpose. The stay application also stands disposed of.

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