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Archive: 15 January 2013

Posts in 15 January 2013

Refund allowed if tax paid under port services, department not to question classification by service provider

January 15, 2013 739 Views 0 comment Print

In respect of port service, THC charges, REPO/BL charges etc. whether service provider was authorised or not, if the service tax has been paid towards port service, while granting refund, the refund sanctioning authority cannot sit in judgment to say that the service received was not port service. Once the services are covered under the statutory definition of port service and service tax has been paid, refund is admissible.

No bar on utilization of Accumulated cenvat credit to pay ST on services on which abatement is claimed

January 15, 2013 763 Views 0 comment Print

CESTAT, MUMBAI BENCH B.E. Billimoria & Co. Ltd. Versus Commissioner of Service Tax, Mumbai Application No. ST/S/729 of 2012 Appeal No. ST/211 of 2012 June 5, 2012 ORDER Ashok Jindal, Judicial Member   Appellant are in appeal against the impugned order confirming the service tax demand of Rs. 14,28,30,465/- along with interest and equivalent penalty […]

Custom Notification Regarding tariff on Ceramic products

January 15, 2013 1068 Views 0 comment Print

In exercise of the powers conferred by sub-sections (2) and (3) of section 75 of the Customs Act, 1962 (52 of 1962), sub-sections (2) and (2A) of section 37 of the Central Excise Act, 1944 (1 of 1944), section 93A and sub-sections (2) and (3) of section

Khaps’ diktat on women’s dress & cell phone unlawful – SC

January 15, 2013 1646 Views 0 comment Print

The Supreme Court today said that Khap panchayats’ diktat on dress code for women and asking them not to carry mobile is unlawful.A bench of justices Aftab Alam and Ranjana Prakash Desai said such diktats are against the fundamental right to life and asked Khap Panchayats (caste-based councils) to file their replies on the issue.

Notification No. 03/2013-Customs (N. T.), Dated -15th January, 2013

January 15, 2013 1514 Views 0 comment Print

In exercise of the powers conferred by sub-section (2) of section 14 of the Customs Act, 1962 (52 of 1962), the Central Board of Excise & Customs, being satisfied that it is necessary and expedient so to do, hereby makes the following amendment in the

Gains on shares held in investment portfolio not assessable as business profits

January 15, 2013 2824 Views 0 comment Print

The intent and purport of the CBDT circular No.4/2007 dated 15.06.2007 is to demonstrate that a tax payer could have two portfolios, namely, an investment portfolio and a trading portfolio. In other words, the assessee could own shares for the purposes of investment and/or for the purposes of trading.

Statement of FM on GAAR

January 15, 2013 1826 Views 0 comment Print

A number of countries have provided for General Anti Avoidance Rules (GAAR) in matters relating to taxation. While tax mitigation is recognized, tax avoidance is frowned upon. International literature describes tax avoidance as the legal exploitation of tax laws to one’s own advantage and an arrangement entered into solely or primarily for the purpose of obtaining a tax advantage.

Discontinuation of Professional Competence Examination (PCE) after November, 2012 examination

January 15, 2013 4137 Views 0 comment Print

As notified in the ‘Implementation Schedule’ on the Institute website, students who are pursuing Professional Competence Course (PCC) are hereby informed that the Professional Competence Examination (PCE) will be discontinued on culmination of November, 2012 examination.

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