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Archive: 23 January 2013

Posts in 23 January 2013

Appeal not maintainable before HC if tax effect is less than Rs. 10 lakhs

January 23, 2013 540 Views 0 comment Print

We dismiss these two appeals as not tenable in view of value of the subject matter in each of the appeal being less than Rupees Ten Lakhs, but reserving liberty to the appellants to revive the appeals, in the event of their success before the Supreme Court in the Special Leave Petitions preferred by the revenue.

PVAT – e-Filing of VAT 15 to start from 23rd January 2013

January 23, 2013 2978 Views 0 comment Print

This is to inform all concerned that the e-Filing of VAT 15 for 3rd quarter of Financial Year 2012-13 is likely to start from 23rd January 2013. Sufficient time of 1 month would be provided to e-file VAT 15 for the above mentioned quarter.

Regarding increase in basic custom duty on all types of crude edible oil

January 23, 2013 319 Views 0 comment Print

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

On winding up Company eligible for refund of amount deposited with stock exchange

January 23, 2013 1377 Views 0 comment Print

With the process of liquidation of the company already in progress, the scheme of Section 456 of the Act will have to be followed. The inevitable result would be that wherever any property of the company is available, the possession of such property would have to come to the PL appointed by the Court. Investors, who are before the Defaulters’ Committee, will now have the option of pursuing their claims before the OL in accordance with law. Consequently, the plea of NSEIL that its Defaulters’ Committee should be allowed to continue to be in possession and control of the deposits of Rs. 1.10 crores lying with it to the credit of the company cannot be countenanced.

Sec 50C Not Apply to Transfer of FSI & TDR

January 23, 2013 3541 Views 0 comment Print

In this case, the matter was not referred by the A.O. to the DVO. We, therefore, set aside the order of the Ld. CIT (A) and restore the issue of valuation to the file of the A.O. with the direction to refer the same to the DVO in the light of our above observations.

Notification No. 08/2013 – Customs (N. T.), Dated- 23rd January, 2013

January 23, 2013 1553 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

Customs – After 1-6-2007 Settlement Commission cannot grant immunity from payment of interest

January 23, 2013 1254 Views 0 comment Print

Section 127 H of the Customs Act, 1962, prior to its amendment by Act No.22 of 2007, empowered the Settlement Commission to grant immunity, inter alia, either wholly or in part of any part of the interest. With effect from 1 June 2007 an amended provision was brought into force by which the Settlement Commission cannot any longer grant a waiver or immunity from the liability to pay interest.

NSDL have no jurisdiction to adjudicate claim of title in respect of demated shares

January 23, 2013 1098 Views 0 comment Print

NSDL is not empowered to decide and/or adjudicate the claim of title in respect of demated shares. Any dispute with regard to the ownership and/or title of any share including demated, the proper forum is somewhere else. Unless the title and/or any objection regarding transfer of shares is decided finally in case of dispute and in case there is no dispute, it cannot be forwarded by the Company for further transfer.

Warranty provisions made on scientific & Reasonable basis is allowable

January 23, 2013 2144 Views 0 comment Print

It is seen from the methodology that the assessee takes into account the warranty liability for the accounting period after bifurcating the likely cost on account of labour, material etc. The summary of the provision also shows that wherever excess provision was made in an earlier year, the same was reversed in the subsequent period.

S.194H TDS not deductible on charges for of utilization of credit card facilities

January 23, 2013 7250 Views 0 comment Print

Commission paid to the credit card companies cannot be considered as falling within the purview of S.194H. Even though the definition of the term commission or brokerage used in the said section is an inclusive definition, it is clear that the liability to make TDS under the said section arises only when a person acts behalf of another person.

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