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Archive: 01 April 2013

Posts in 01 April 2013

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November 28, 2024 5583 Views 0 comment Print

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No penalty if wrong claim is due to mistake/ wrong advice of CA

April 1, 2013 7196 Views 0 comment Print

The grievance of the revenue is that the mistake ought to have been rectified by filing a revised return of income. The Tribunal held that the time to file a revised return had expired. In any event, it is not disputed that it was a bonafide mistake on the part of the respondent-assessee. In that view of the matter, imposition of penalty was not warranted.

Changes in Service tax Exemption Provisions WEF 01.04.2013

April 1, 2013 10253 Views 0 comment Print

Exemptions (A) The following exemptions are being rationalized: * Rationalization of exemption limit prescribed for charitable organizations, providing service towards any other object of general public utility. So far, the limit was 25 Lakh Rupees per annum. Now, they will be covered by the threshold exemption. * Exemption provided to restaurants other than those having […]

ST – Changes in Mega Exemption List W.E.F April 1, 2013

April 1, 2013 6785 Views 0 comment Print

CHANGES IN MEGA EXEMPTION LIST W.E.F APRIL 1, 2013 VIDE NOTIFICATION NO. 3/2013-ST DATED. 1-3-2013 AMENDING NOTIFICATION NO. 25/2012-ST DATED. 20-6-2012: • Under S. No. 9 – Exemption by way of auxiliary educational services and renting of immovable property provided by specified educational institutes will not be available i.e. Exemption of auxiliary educational services and […]

No provision U/s. 85 to condone delay beyond period of 3 months on expiry of limitation period

April 1, 2013 481 Views 0 comment Print

The order impugned before the Commissioner was received by the appellant on 04.09.2010 and the appeal was filed on 11.08.2011. Commissioner (Appeals) has observed that there is no provision under Section 85 of the Finance Act, 1994 to condone the delay beyond the period of three months on expiry of the limitation period.

Repair services provided by shipchandlers authorised by ‘port’ amounted to ‘port service’

April 1, 2013 1479 Views 0 comment Print

It is not in dispute that the members of the petitioner-Association are authorized by the port authorities constituted under the Major Port Trusts Act, 1963 to provide such services. It is also not in dispute that without such authorization, such services could not be rendered by them. In fact, the petitioners have produced on record, a licence issued by port authorities authorizing the petitioners to provide such services.

Seizures of non-duty paid cigarette manufactured by petitioner is sufficient reason to believe for issue of search authorization

April 1, 2013 797 Views 0 comment Print

On going through the said record we find that the Additional Director General, in his proceedings/orders dated 15-2-2011 has recorded that on the basis of the various searches conducted at various premises of manufacturers, godowns and dealers of various cigarette manufacturers in the country, different brands of cigarettes which were kept without any duty paying documents were seized. Huge stock of cigarettes of various brands manufactured by the petitioner without any duty paying documents were also found during the searches at Coimbatore etc. and were placed under seizure. In view of seizures of non-duty paid cigarette manufactured by the petitioner, a decision was taken to search the petitioner’s premises immediately to resume incriminating records.

Pre-deposit requirement for appeal filing may be waived if Assessee has no means to pay the same

April 1, 2013 4675 Views 0 comment Print

We have perused the balance sheet of the company placed on record. Year after year company continued to incur huge loss. Balance sheet suggests that there is no manufacturing or other activity being undertaken by the company and with each successive year, accumulated loss swell. In fact net profit of the company is in negative since long. All these would demonstrate that the petitioners have no means of fulfilling the pre-deposit condition.

CCE cannot claim to be more loyal than the King

April 1, 2013 679 Views 0 comment Print

Counsel for the respondent is right in relying on sub-sections (5) and (6) of section 35EE to point out that in case the Central Government suo motu decides to issue notice to the assessee to enhance the penalty or fine or duty and after hearing the assessee decides to drop the proceedings, no grant of any opportunity to the Commissioner of Central Excise or any other officer executing the Act is envisaged.

Extended period not to be invoked if order in assessee’s favour is overruled by a larger bench

April 1, 2013 423 Views 0 comment Print

The disputed issue relating to inclusion of cost of materials used for providing photographic services, which stands decided against the appellant by a Larger Bench decision of the Tribunal in the case of Aggarwal Colour Advance Photo System v. CCE [2011] 33 STT 33.

‘Rent-a-cab service’ for transportation of staff from railway station to container freight station run by assessee is eligible input service

April 1, 2013 534 Views 0 comment Print

The issue in the present case is whether service tax paid on ‘rent-a-cab service’ for transportation of staff from Vashi railway station to the container freight station run by the appellant is an eligible input service under Rule 2(l) of the Rule or not. The Hon’ble High Court of Karnataka in the case of Stanzen Toyotetsu India (P.) Ltd. (supra) and Bell Ceramics Ltd. (supra) has held that these services are eligible input service under CENVAT Credit Rules, 2004 and CENVAT Credit o the service tax paid thereon is available.

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