In the case of activities sought to be classified under site formation service our prima facie view is that this activity is classifiable as mining activity and liable to service tax only from 1-6-2007 and such tax is being paid. Demand of service tax under site formation service does not appear to be prima facie maintainable in this case where during the relevant period the definition did not cover the activity specifically and later a specific entry is introduced to cover the activity. So at this prima facie stage, we find that the appellants have made out a strong case for waiver of pre-deposit of dues arising from the impugned order for admission of appeal. We order so and there shall be waiver on collection of such dues during the pendency of the appeal.
Entry tax on automobiles in Punjab, no more cheaper vehicles from other States due to difference in rate of tax Punjab Government has levied entry tax on all motor vehicles purchased from outside the State of Punjab but brought into the local areas of Punjab for registration under Motor Vehicles Act, 1988 vide notification dated […]
In view of the foregoing, it is clarified that the appropriate heading for classification of “octagonal steel columns for lamp posts”, as steel posts for outdoor lighting purposes (public street lighting) and like products is in heading 73.08, as steel structures, and more
The sum paid was also not in the nature of compensation because there was no obligation on M/s Gillette Company USA, under any contract to compensate the assessee. Under these facts we do not find infirmity in the decision of the first appellate authority in treating the amount of Rs. 108.49 crores out of an aggregate addition of Rs. 118.49 crores made by the AO as capital receipt and hence not chargeable to tax. In this regard we also find support from the decisions relied upon by the Ld. AR in the cases of Smartalk (P) Ltd. (supra) and General Electrodes & Equipment Ltd. (Supra) wherein under almost identical circumstances addition made has been deleted.
It is hereby brought to the notice of the examinees and other stakeholders of the Chartered Accountants Examination that any request/correspondence relating to any examination matters be sent/made at the following address necessarily by the examinee himself/herself. Additional Secretary (Exams) The Institute of Chartered Accountants of India ‘ICAI Bhawan’, Post Box No. 7112 Indraprastha Marg, […]
Moreover, in the subsequent year i.e 2008-09 & 2009-10 the cup method as adopted by the assessee for benchmarking its international transactions has not been disputed by the revenue. Further, when the relevant data are now available, as stated by the ld Sr counsel, then it is appropriate to determine the ALP by adopting the same method as it was accepted in the subsequent year.
The Board has decided to amend/revise the forms for filing appeal in the CESTAT. Accordingly, new forms for Central Excise (E.A.-3, E.A.-4, E.A.-5), Customs (C.A.-3, C.A.-4, C.A.-5) and Service Tax (S.T.-5, S.T.-6, S.T.-7) have been notified vide Notification Nos 6/2013-Central Excise (N.T.), 37/2013-Customs (N.T.) and 5/2013-Service Tax, all dated 10.04.2013 respectively. These forms have been made effective from 1.6 2013. Therefore, all appeals filed in the Tribunal on or after 1.6.2013 would be in the new form being prescribed.
The fact of approval of the payment by the RBI has been succinctly recorded by the TPO in his order as well. He still chose to propose adjustment in respect of full payment. In our considered opinion, when the rate of royalty payment and fee for drawings etc. has been approved or deemed to have been approved by the RBI, then such payment has to be considered at ALP.
LETTER [F.NO. 225/65/2013/ITA-II], DATED 11-4-2013 I am directed to draw your kind attention towards Board’s decision to review the Quality of assessments completed by the Assessing Officers during financial year 2012-13 in each CCIT/DGIT charge. The same finds mention in clause 2(k) of “Guidelines for Scrutiny Selection” [File No. 225/97/2012/ITA-II] for Financial Year 2012-13, dated 23-8-2012 read with clarification dated 20-9-2012.
