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Archive: 2013

Posts in 2013

Investment by QFIs in to be listed Indian Corporate Debt Securities

August 13, 2013 463 Views 0 comment Print

Vide SEBI circular CIR/IMD/FII&C/17/2012 dated July 18, 2012, QFIs had been allowed to invest in listed/ to be listed Indian corporate debt securities through public issues and units of debt schemes of Indian mutual funds.

DGFT – Export of Finished Leather, Wet Blue and EI Tanned Leather to be permitted through the notified port

August 13, 2013 901 Views 0 comment Print

Export of finished leather will be permitted from the specified Sea ports/ICDs and would be subject to the inspection procedure mentioned in Sub-para (ii) of Para 2 above.

GST – Parliamentary Committee’s Report on Constitution Amendment – Salient features

August 13, 2013 1565 Views 0 comment Print

1. The Constitution (One Hundred and Fifteenth Amendment) Bill, 2011, which has been referred to the Standing Committee on Finance of Parliament for detailed examination and Report seeks to bring fundamental systemic reforms in the indirect taxes dispensation prevailing in the country by integrating and harmonizing the tax structure across the country in the form […]

Levy of Penalty u/s 271(1)(c) if enhancement in assessment is been fully absorbed by brought forward business loss?

August 13, 2013 2078 Views 0 comment Print

The penalty in the instant case stands levied in the sum of Rs.2,41,858/-, i.e., at 100% of the tax sought to be evaded, in view of Explanation (4) to section 271(1)(c). The entire enhancement in assessment having been absorbed against brought forward (unabsorbed) business losses

DGFT Provides Option for redemption/ regularisation of old cases of Export Obligation default

August 12, 2013 2609 Views 0 comment Print

All pending cases of the default in meeting Export Obligation (EO) can be regularised by the authorisation holder on payment of applicable customs duty, corresponding to the shortfall in export obligation, along with interest on such customs duty; but the interest component to be so paid shall not exceed the amount of customs duty payable for this default.

SEBi approves proposal to declare illegal mobilization of funds without obtaining a certificate

August 12, 2013 664 Views 0 comment Print

The Board has approved the proposal to declare illegal mobilization of funds without obtaining a certificate under the SEBI (Collective Investment Schemes) Regulations, 1999 as a fraudulent and unfair trade practice. As such, it has been decided to amend the SEBI (Prohibition of Fraudulent and Unfair Trade Practices relating to Securities Market) Regulations, 2003, accordingly.

Compounding of Contraventions under FEMA, 1999 – Refund of compounding fees

August 12, 2013 717 Views 0 comment Print

Of late, we have been receiving a number of applications for compounding of contraventions of FEMA, 1999 which are submitted without obtaining proper approvals or permission from the concerned authorities leading to avoidable correspondence with the applicants and also return of applications. In case the application has to be returned for this reason or any other reason, the application fees of Rs.5000/- received along with the application fees is also returned.

Subsequent reversal of the legal position by judgment of Supreme Court does not authorize the department to reopen the assessment

August 11, 2013 3293 Views 0 comment Print

The subsequent reversal of the legal position by the judgment of Hon’ble Supreme Court does not authorize the department to reopen the assessement which stood closed on the basis of the law, as it stood at the relevant time.”

Deemed Conveyance of Cooperative Housing Society’s land – A Fiction

August 10, 2013 25082 Views 16 comments Print

VARIOUS REQUIREMENTS, for Deemed Conveyance: a) Duly Registered & Stamp duty paid, Sale-Purchase Agreement, of all members. b) Documents about the plot of land from the Tahsildar /Collectors office c) Sanctioned Documents from Municipal authorities d) Relevant documents of the Society, Balance sheets, Resolutions and so on ….

Nil Service tax Return / VCES / Penalty for Late Filing when no service is rendered?

August 10, 2013 86899 Views 17 comments Print

Persons who are not liable to pay service tax (because of an exemption including turnover based exemption), are not required to file ST-3 return in terms of Circular No.97/8/07-ST dated August 23, 2007 and cited judgement. Even if service tax return is filed late/ failed to file return – No Penalty in terms of Rule 7C of the STR. For Nil return Assessee is not even required to opt for VCES.

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