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Archive: 08 January 2013

Posts in 08 January 2013

In revenue neutral situation, department cannot enforce payment of demand

January 8, 2013 3055 Views 0 comment Print

It is not in dispute that every stage of conversion of thicker to thinner wire is a manufacturing activity. If that be so, all the units of the company are undertaking a manufacturing activity. Admittedly, all the units are separately registered with the Department. Therefore, all of them are registered manufacturers of Tungsten and Molybdenum wires. Each unit, therefore, has to maintain the relevant statutory records including CENVAT credit accounts.

Duty on Steel items used in fabrication of storage tank eligible for input credit

January 8, 2013 2804 Views 0 comment Print

As per explanation to Rule 2(k) of the CENVAT Credit Rules, 2004, storage tanks have been specified as capital goods and, therefore, inputs which are used in the manufacture of capital goods are also eligible for CENVAT credit. It is not in dispute that the steel items such as M.S. angles, H.R. sheets have not been used in the construction of storage tank which is a capital goods therefore, CENVAT credit on these M.S. angle and H.R. Sheet cannot be denied.

SEBI : Notification under sub-regulation (2) of regulation 1 of the Securities and Exchange Board of India (Self Regulatory Organizations) Regulations, 2004

January 8, 2013 418 Views 0 comment Print

In exercise of the powers conferred by sub-regulation (2) of regulation 1 of the Securities and Exchange Board of India (Self Regulatory Organizations) Regulations, 2004 (hereinafter referred to as

Service tax paid on audit of assessee’s unit in compliance with environmental laws is eligible for credit

January 8, 2013 920 Views 0 comment Print

It has been held by the lower authorities that unless an assessee is able to show that the input service has nexus with the manufacture of final product, the inclusive part would not be of any help. In this case, I find that the services have been obtained for the purpose of conducting audit of the process and change of raw material suitably and the same have been presented to GTZ to receive the grant so that the company can phase out the process, which cause depletion of ozone in the atmosphere.

CBDT notifies undertaking of ‘Ganesh Housing Corporation Ltd.’ as an industrial park u/s. 80IA

January 8, 2013 847 Views 0 comment Print

Notification No. 1/2013 – Income Tax Whereas the Central Government in exercise of the powers conferred by clause (iii) of sub-section (4) of section 80-IA of the Income-tax Act, 1961 (43 of 1961) [hereinafter referred to as the said Act), has framed and notified a scheme for industrial park, by the notifications of the Government of India in the Ministry of Commerce and Industry (Department of Industrial Policy and Promotion) vide number S.O. 193(E), dated the 30th March, 1999 for the period beginning on the 1st day of April, 1997 and ending on the 31st day of March, 2002 and vide number S.0.354(E), dated the 31st day of March, 2006;

Commissioner cannot cancel exemption certificate granted u/s. 80G without Show Cause Notice

January 8, 2013 1843 Views 0 comment Print

A perusal of the impugned order passed by the Commissioner specifies that what was pending consideration before him was the application filed by the respondent for renewal of exemption certificate issued under section 80(G) of the Income Tax Act. The order passed by the Commissioner further specifies that a notice was issued to the respondent as to why the renewal application cannot be rejected. No notice was issued by the Commissioner to the respondent calling upon them to show cause with regard to violation committed by them to cancel the exemption certificate granted under section 80(G). In the absence of any such notice, the Commissioner committed an illegality in cancelling the exemption certificate granted in favour of the respondent.

Taxation of Non Residents on ADR’S and GDR’S

January 8, 2013 29359 Views 0 comment Print

ADR’S, GDR’S: These are commonly known as Depository Receipts (‘DR’), a negotiable security issued outside India by a depository bank (‘DB’), on behalf of the Indian company, which reflects the local rupee denominated equity shares of the company held as deposit by a custodian bank (‘CB’) in India. These DR’s were bought out as an option for Indian companies to get an access to overseas capital markets.

One Person Company under Companies Bill, 2012 – Provisions & Relaxations

January 8, 2013 4435 Views 0 comment Print

In recently passed Companies bill 2012, new concept of One Person Company has been introduced. It is considered as revolutionary step taken by government to encourage unorganized proprietorship business to enter in to organized corporate world.

Summary of draft report on retrospective amendments relating to indirect transfer

January 8, 2013 1536 Views 0 comment Print

The Finance Act, 2012 has inserted certain retrospective amendments in the Incomes Tax Act, 1961. One of them is insertion of explanation 4 and 5 to section 9 (1) (i) with an intent to tax transfer between nonresidents of shares of foreign company deriving value from assets located in India.

How to make search in your mother tongue on search engines?

January 8, 2013 8678 Views 0 comment Print

Suppose we want to download some material in our mother tongue from internet, then which is the best way? OK. I make the question more clear. Suppose, someone wants to search the term Balvarta (Its Gujarati Term, the meaning of which is story for children) and wants the resultant sites in Gujarati, then how to make such type of search?

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