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Archive: 01 March 2013

Posts in 01 March 2013

Increase in compound levy rate of duty for Stainless pattis/pattas – Reg

March 1, 2013 992 Views 0 comment Print

In exercise of the powers conferred by Rule 15 of the Central Excise Rules 2002, the Central Government hereby makes the following amendment in the notification of the Government of India, in the Ministry of Finance (Department of Revenue), No. 17/2007-Central Excise, dated the 1st March, 2007

Seeks to notify ‘the resident public limited company’ as a class of persons U/s. 23A(c)(iii) of Central Excise Act, 1944

March 1, 2013 433 Views 0 comment Print

In exercise of the powers conferred by sub-clause (iii) of clause (c) of section 23A of the Central Excise Act, 1944 (1 of 1944), the Central Government hereby specifies the resident public limited company as class of persons for the purposes of the said clause.

Reassessment invalid on failure of AO to take note of information furnished during assessment

March 1, 2013 462 Views 0 comment Print

In our considered opinion, the notice issued under section 148 of the Act is nothing but mere change of opinion. The issues which have already been considered in the original assessment cannot be reappreciated in reassessment proceedings under the garb of income escaping assessment. If the Assessing Officer has not given any finding after considering the evidence on record, it cannot be said that the income had escaped assessment on account of concealment of income of the assessee.

Rajasthan HC – Circular authorizing recovery during pendency of stay application void if Assessee is not at fault

March 1, 2013 1248 Views 0 comment Print

We hold that the impugned circular dated 1.1.2013 obligating the concerned authorities to initiate recovery proceedings on the expiry of period as mentioned therein so far as it relates to the situations where appeals with stay applications have been filed, but no stay had been granted and the stay applications had been kept pending for reasons not attributable in any manner whatsoever to the petitioners/assessees and resultantly, no interim relief had been granted, is non est.

Notification No. 25/2013-Customs (N.T.), Dated 1st March, 2013

March 1, 2013 637 Views 0 comment Print

in Appendix F, in the column relating to Articles allowed free of duty, in item (a), for the words jewellery upto ten thousand rupees by a gentleman passenger or rupees twenty thousand by a lady passenger the words jewellery upto fifty thousand rupees by a gentleman passenger or one lakh rupees by a lady passenger shall be substituted.

Facilitating campus recruitment of students prima facie, amounts to provision of ‘Manpower Recruitment or Supply Agency’ service

March 1, 2013 507 Views 0 comment Print

Prima facie, the institute was facilitating campus recruitment of its students by various companies from year to year and collecting charges/fees from such companies as a consideration for the same. Prima facie, this transaction squarely fell within the ambit of the definition of “Manpower Recruitment or Supply Agency’ as amended w.e.f. 1-5-2006. The circular relied on by the learned counsel is of no relevance inasmuch as the question discussed therein was whether an activity which would fall within the scope of the above definition w.e.f. 1-5-2006 could also be held taxable prior to that date. The decision cited by the learned counsel is also prima facie inapplicable inasmuch as that was a decision touching the scope of “Manpower Recruitment [or Supply] Agency Service” prior to 1-5-2006.

Service Tax on Outdoor catering & transportation facility provided to employees eligible for input credit

March 1, 2013 808 Views 0 comment Print

The benefit of Cenvat credit paid on outdoor catering services received by the appellants for providing food to their employees as also service tax paid on running a cab service for transportation of employees from home to factory and back to home stands denied on the ground that the said services cannot be held to be eligible cenvatable input services.

Notification No.15/2013-Customs – Dated –1st March, 2013

March 1, 2013 1405 Views 0 comment Print

(i) after serial number 9 and the entries relating thereto, the following serial number and the entries shall be inserted, (ii) against serial number 12, in column (4), for the entry 10%, the entry Nil shall be substituted; (iii) after serial number 24 and the entries relating thereto, the following serial number and the entries shall be inserted

Notification No. 14/2013-Customs – Dated 1st March, 2013

March 1, 2013 412 Views 0 comment Print

The principal notification No.146/1994-Customs, dated the 13th July, 1994 was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide G.S.R. 575(E), dated the 13th July, 1994 and last amended

Notification No. 13/2013-Customs – Dated – 1st March, 2013

March 1, 2013 514 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) read with sub-section (1) of section 3 of the Customs Tariff Act,1975 (51 of 1975), the Central Government, being satisfied that it is necessary in

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