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Archive: 26 November 2013

Posts in 26 November 2013

Public Notice No. 39 (RE-2013)/2009-2014, Dated: 26.11.2013

November 26, 2013 313 Views 0 comment Print

In exercise of powers conferred under paragraph 2.4 of the Foreign Trade Policy, 2009-14, the Director General of Foreign Trade hereby makes the following amendments in Appendix 5 of the Handbook of Procedures (Vol.I) with immediate effect.

Notification No. 29/2013-Central Excise ; Dated : 26.11.2013

November 26, 2013 502 Views 0 comment Print

The principal notification No.22/2013-Central Excise, dated the 29th July, 2013 was published in the Gazette of India, Extraordinary, vide number G.S.R. 513(E), dated the 29th July, 2013.

Prosecution and Enforcement Architecture: Companies Act, 2013

November 26, 2013 10174 Views 0 comment Print

The Companies Act 1956 contains more of general penalty provisions under Section 629A. Certain penal provisions provide for imposition of penalty of fine as well as penalty of imprisonment. As per Section 624 of the Companies Act 1956, all offences under the Act are almost bailable offences and generally punishments are imposed on Company and officers in default invariably where offences not involving mandatory imprisonment are compoundable.

Sell of minors’ share in property without court permission by guardian is invalid: SC

November 26, 2013 31091 Views 0 comment Print

Where the father dies leaving behind only minor daughters and their mother as natural guardian, the share of the daughters became definite; the question of family partition retaining the character of joint Hindu Family property does not exist. In the present case, after the death of the father, the property has been shared amongst each member of the family and recorded in the mutation register having 1/4th share each. In such circumstances, the provision of sub­section (3) of Section 8 shall attract as the mother sold the property without previous permission of the Court.

Service Tax on Goods Transport Agency (GTA) – A Guide

November 26, 2013 655092 Views 115 comments Print

The levy of Service Tax on Road Transportation Service has always remained subject matter of uncertainty and litigation. Earlier, The Finance Act, 1997 had levied Service Tax on Goods Transport Operators w.e.f. 16-11-1997 which was subsequently withdrawn after nation-wide strike.

RBI to Banks : Levy SMS Charges on Actual Usage Basis

November 26, 2013 1477 Views 0 comment Print

With a view to ensuring reasonableness and equity in the charges levied by banks for sending SMS alerts to customers, banks are advised to leverage the technology available with them and the telecom service providers to ensure that such charges are levied on all customers on actual usage basis.

Point of taxation [Rule 2(e)] of Service Tax

November 26, 2013 13989 Views 0 comment Print

For the purpose of charging service tax on any service, the incidence of levy is on person rendering of a taxable service which is termed as point of taxation. Usually people have confusion regarding the point in time when a service is deemed to be provided and thereby service tax is to be deposited.

Amend statute of lCAl, lCSl and Bar Council for audit by CAG

November 26, 2013 1415 Views 0 comment Print

Recently Land Deal of Institute of Chartered Accountants of India (ICAI) at Nagpur Come Under Scanner for alleged Irregularities in Purchase of the same. Madras High Court observed that The Judge observed that the records indicated that all was not well with the statutory body.

Sale of software does not give rise to any royalty income : HC

November 26, 2013 1960 Views 0 comment Print

Delhi HC has held on 22.11.2013 in the case of DIRECTOR OF INCOME TAX Vs. INFRASOFT LTD. that by sale of software what has been transferred is not copyright or the right to use copyright but a limited right to use the copyrighted material and does not give rise to any royalty income.

e-payment of Service Tax/ Central Excise mandatory for those who paid tax of more than One lakh in preceding financial year

November 26, 2013 1566 Views 0 comment Print

Electronic Payment of Service Tax/ Central Excise mandatory for those who paid tax of more than One lakh in preceding financial year The Central Government vide Notification No. 16/2013-ST dated November 22, 2013 (“the Notification”) has amended the proviso to Rule 6(2) of the Service Tax Rules, 1994 (“the Service Tax Rules”) and similarly, amendment […]

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