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Archive: 2013

Posts in 2013

Ratio decidendi of a judgment prevails upo the contrary obiter dicta of another judgment

December 17, 2013 2032 Views 0 comment Print

Having heard the rival submissions and perused the relevant material on record, there is no dispute in principle that the amount is otherwise disallowable on merits as has been accepted by the ld. AR in response to the second ground of the Revenue’s appeal.

Regarding monetary limits for filing appeals by Department before CESTAT/HC and SC

December 17, 2013 2015 Views 0 comment Print

Sub-Section 3 of Section 35R and Section 131BA provides that if an appeal has not been filed by the Department following Instructions issued for not filing appeal below the monetary limit, no person, being a party in appeal, shall contend that the Department has acquiesced in the decision on the disputed issue by not filing appeal.

Simplification of provisions relating to distribution of input service credit by Input Service Distributor -Reg.

December 17, 2013 732 Views 0 comment Print

Comments/views/suggestions invited on simplification of provisions relating to distribution of input service credit by Input Service Distributor in CENVAT Credit Amendment Rules – Last date of submission is 27th December, 2013. The same may also be emailed to jayaprahasam@gmail.com

Amendments to the Company Secretaries Act, 1980

December 17, 2013 1977 Views 0 comment Print

The Council in its meeting held on November 22, 2013 unanimously decided to approach Central Government seeking the following amendments to the Company Secretaries Act, 1980 on priority: a. While the name of the Institute remains ICSI, its members may be named as governance professionals;

Trust evading Tax due to casual approach of Income Tax Department : CAG

December 17, 2013 2710 Views 0 comment Print

ITD granted registrations/approvals/notifications to the 799 Trusts without verifying necessary documents such as copy of the Trust Deed, proper clauses in the Trust Deed, audited accounts etc. ITD granted registrations/approvals/notifications to 73 Trusts having no PAN which is in contravention of the provisions of Act.

VAT on sale of Flats Post SC judgment in case Of L&T Ltd. & K. Raheja’s Case

December 17, 2013 13811 Views 1 comment Print

As per the judgment delivered by the Hon’ble Supreme Court of India in the case of Larsen & Tourbo Limited the transactions of construction activity for prospective buyers are subject to VAT as these are covered under the category of works contract

S. 271D No Penalty for acknowledging the debt in books, if there was no cash receipt by the Assessee

December 17, 2013 1770 Views 0 comment Print

By considering the totality of the facts and circumstances of the case, we find no reason to interfere with the impugned order passed by the Tribunal specifically when both the appellate authorities have given concurrent findings. The same is hereby sustained along with the reasons mentioned therein.

Unclaimed liabilities Assessable As Income Despite No Write-Back on failure to prove genuineness

December 17, 2013 3509 Views 0 comment Print

From the facts of the case it reveals that not only the existence of outstanding liability of labour charges for so many years is improbable in the normal course of business but the assessee has also failed to give any evidence regarding the genuineness of the creditors,

Framework for Revitalising Distressed Assets in the Economy

December 17, 2013 798 Views 0 comment Print

The Reserve Bank of India today released on its website a Discussion Paper on ‘Early Recognition of Financial Distress, Prompt Steps for Resolution and Fair Recovery for Lenders: Framework for Revitalising Distressed Assets in the Economy’.

Inviting Suggestions on import of power generating equipment under EPCG scheme

December 17, 2013 939 Views 0 comment Print

Views/suggestions/comments on the request contained in para 2 above are solicited. While submitting such feed-back, care may be taken also to suggest how to count fulfillment of Export Obligation because the resultant product of such capital good, i.e. ‘power’ is mostly not exportable per-se. Similarly, how a common service provider installing power equipments would fulfill Export Obligation may also be conveyed.

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