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Archive: 10 February 2013

Posts in 10 February 2013

Free YouTube Live on The global landscape –  from market’s to trade

May 24, 2024 807 Views 0 comment Print

Join us for an insightful and dynamic YouTube Live session on “The global landscape –  from market’s to trade.” with renowned financial analyst Ankit Baid, MBA Finance. The presentation explores shifting of the global economic landscape, focusing on the decline of US dominance and the rise of China. It examines the potential decrease in global […]

Live Course on Appeal, Pleading & Drafting under GST by CA Sachin Jain

May 15, 2024 7521 Views 0 comment Print

oin us for an immersive live course led by renowned expert CA Sachin Jain, as we delve into the intricacies of appeal, pleading, and drafting under GST.

Non-technical services can be taxed as business income only if Non Resident has PE in India

February 10, 2013 939 Views 0 comment Print

As regards the payment made by Gemini International Tours and Travels is concerned, we find that the agent receives the clients and leave them in the resorts or hotels for which he is paid commission. The nature of the activity of the agent at Maldives is only to facilitate the movements of the tourists of the assessee within the country of Maldives and to see that no inconvenience is caused to them. He is not entitled to take any decision as regards the destination of the tourists or with regard to their stay and accommodation. Therefore, services rendered by him also cannot be said to be technical services u/s 9(1)(vii) of the Income-tax Act. If the said services cannot be termed as technical services, then the payment made to the agent can only be considered as his business income which can be taxed in India only if he has a PE in India. As there is no PE in India for Mr. Hussain Shiham, respectfully following the decision of the Hon’ble Delhi High Court in the EON Technology (P.) Ltd. (cited Supra), this ground of appeal is also allowed.

Cenvat Refund – Period for compliance cannot be extended even on ground of impossibilities of adherence to same

February 10, 2013 313 Views 0 comment Print

The Notification in question clearly requires an assessee to file refund claim on quarterly basis within a period of 60 days from the end of relevant quarter during which the goods stands exported. Such period prescribed by the notification cannot be extended by courts working within the parameters of the excise laws.

Renting hotel building did not fall under renting of immovable property services

February 10, 2013 897 Views 0 comment Print

CESTAT Bangalore dismisses Ambience Constructions’ appeal on service tax refund, ruling it time-barred. Details of the case and key arguments provided.

Service Tax on Sales commission eligible for Input Credit

February 10, 2013 5136 Views 0 comment Print

CESTAT, BANGALORE BENCH Wadpack (P.) Ltd. Versus Commissioner of Central Excise FINAL ORDER NO. 700 OF 2012 CENTRAL EXCISE APPEAL NO. 637 OF 2010 NOVEMBER 5, 2012 ORDER 1. In this appeal filed by the assessee, the short question is whether, for the period from April 2005 to June 2007, the appellant was entitled to […]

Cenvat Credit can be allowed even if assessee was not registered as Input Service Distributor during relevant period

February 10, 2013 2246 Views 0 comment Print

There is one more ground on which the refund claim has been rejected i.e. prior to 16.05.2006 the appellant did not have registration as an input service distributor and hence the appellant could not have availed service tax credit on ISD basis. However, what is required to be seen is whether the appellant received the services at Nasik and if so the appellant used the same for rendering of the output service. These facts need to be verified by the revenue instead of summarily rejecting the claim.

Production of Paratha, Samosa, Dhokla etc is manufacture U/s. 10B

February 10, 2013 10296 Views 0 comment Print

In the present case, we find that the assessee uses various materials like flour, ghee, oil etc. for the production of various items. The production is done by following a particular set process. The various raw materials when consumed lose their individual and independent identity and a different and new product comes into existence.

Trend of judgments of Supreme court in cheque dishonour cases

February 10, 2013 22956 Views 18 comments Print

Recently the Supreme Court in M/s Laxmi Dye Chem Vs State of Gujarat & Ors set aside the order of high court of which quashed the Complaints filed before the trial court u/s 138 of the Negotiable Instruments Act,1881(NI Act) for dishnour of cheques.

Seller is an agent of Government or not-two opposite verdicts

February 10, 2013 2463 Views 0 comment Print

Recently Punjab & Haryana High Court in Gheru Lal Bal Chand vs State of Punjab has held that no liability can be fastened on the purchasing registered dealer on account of non-payment of tax by the selling registered dealer in the treasury unless it is fraudulent, or collusion or connivance with the registered selling dealer or its predecessors with the purchasing registered dealer is established.

FM launches Rajiv Gandhi Equity Savings Scheme

February 10, 2013 1259 Views 0 comment Print

Finance Minister Mr. P Chidambaram has launched an equity scheme called Rajiv Gandhi Equity Savings Scheme, or RGESS, in an attempt to lure new investors to the stock market. Chidambaram said the finance ministry would come up with the necessary changes to the scheme as suggested by the Securities and Exchange Board of India (SEBI) […]

Scheme of Arrangement under Companies Act, 1956 – Revised requirements for Stock Exchanges & Listed Companies

February 10, 2013 1679 Views 0 comment Print

All of us must have gone through the provisions of recently issued circular dated February 4, 2013 by SEBI. The said circular is issued in exercise of the powers conferred under Section 11 and Section 11A of the SEBI Act, 1992 read with Rule 19(7) of SCRR, 1957.

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