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Archive: 2013

Posts in 2013

Non-Compete Fee not eligible for depreciation or amortization

April 15, 2013 1943 Views 0 comment Print

The Senior Counsel argued at length, whether such non compete right constitute is a right in rem or otherwise, is a matter to be decided by an appropriate higher judicial forum. In the instant proceedings, we cannot import the decision of Hon’ble Supreme Court of India in the case of Smifs (supra), wherein the Hon’ble Apex Court held that goodwill was an intangible asset and eligible for depreciation.

Habitual Tax defaulters be aware – I-T dept decides to Publish name & address

April 15, 2013 891 Views 0 comment Print

The Income Tax department has decided to name and shame chronic tax defaulters by publicising their names and addresses. It is in the process of finalising the procedures of compiling the names and cases pertaining to habitual tax dodgers and subsequently uploading them on its website. “The department would upload the names of such defaulters […]

Customs – Tariff Value of Gold, Silver, RBD Palmolein dips

April 15, 2013 241 Views 0 comment Print

In exercise of the powers conferred by sub-section (2) of section 14 of the Customs Act, 1962 (52 of 1962), the Central Board of Excise & Customs, being satisfied that it is necessary and expedient so to do, hereby makes the following amendment in the

Tolerable limit for ALP determination- 1% for wholesale traders & 3% in other cases

April 15, 2013 1003 Views 0 comment Print

Notification No. 30/2013 – Income Tax Central Government hereby notifies that where the variation between the arm’s length price determined under section 92C and the price at which the international transaction or specified domestic transaction has actually been undertaken does not exceed one per cent of the latter for wholesale traders and three per cent of the latter in all other cases

In case of short receipt of payment post intimation U/s. 73(3) department must send a letter asking for payment instead of SCN

April 14, 2013 1599 Views 0 comment Print

In this case, the appellants had Calculated and paid the entire amount of credit with interest and on finding that there was a short-fall in payment, the proviso of Sec.73 (3) of the Finance Act, 1994 would come into play and, therefore, the concerned Central Excise Officer should have informed the assessee instead of issuing show-cause notice. Though the Revenue had one year time for issue of show-cause notice, instead of intimating the appellants who would have been willing to deposit the amount without any notice, they have issued show-cause notice in this case. The appellant was not disputing the merit of the stand taken by the revenue. Show-cause notice has been issued which in accordance with the provisions of Sec.73 (3) of the Finance Act, 1994, need not have been issued at all.

Rule 3(5) of Cenvat Credit Rules not applicable to credit availed on input services

April 14, 2013 6533 Views 0 comment Print

Appellants had procured iron ores during the period April 2007 to March, 2009, which were used in the manufacture of their final product, namely, sponge iron. In bringing the said iron ores, which were used as input, the appellants had paid service tax on GTA services. Consequently, they had availed cenvat credit on the amount of service tax paid on GTA service as the same satisfies the definition of input service prescribed under Section 2 (I) of Cenvat Credit Rules, 2004. During the course of manufacture of sponge iron, the said iron ore was subjected to the process of screening and after completion of the said process, iron ore fines were generated.

Appeal can be dismissed for non-compliance with provisions of sec. 35F of Excise Act, 1962

April 14, 2013 807 Views 0 comment Print

Vide stay order No.ST/S/177/12-Cus dated 8.2.2012 the appellant was directed to deposit an amount of Rs. 30 lakh. Subsequently, the matter came up for ascertaining compliance and as the appellant expressed his desire to file modification application, the matter was adjourned and listed on 20.7.2012.

FAQ on Service Tax Voluntary Compliance Encouragement Scheme, 2013

April 14, 2013 2704 Views 0 comment Print

Query -What is VCES? Reply- VCES is a new amnesty scheme introduced vide Chapter VI of the Finance Bill, 2013 (the Finance Bill), to encourage voluntary compliance by defaulter of Service Tax under Chapter V of the Finance Act, 1994 (the Finance Act).

New Forms for filing appeal under Customs, Excise & Service tax laws w.e.f. 1-6-2013

April 14, 2013 7183 Views 0 comment Print

Please note that the Central Government has amended the Customs (Appeals) Rules, 1982 [the Customs (Appeals) Rules] vide Notification No. 37/2013-Customs (N.T.) dated April 10, 2013. These rules may be called the Customs (Appeals) (Amendment) Rules, 2013 [the Customs Amendment Rules] which will come into force from June 1, 2013.  The Customs Amendment Rules has […]

Remedies for Cheque Bounce

April 14, 2013 9813 Views 0 comment Print

 According to statistics of Supreme Court; there are over 40 lakh pending cases of cheque bounce in the country. Lack of adequate knowledge has brought most of people in the situation of losing money. Here are some of the remedies a person can opt for while dealing with issues pertaining to return of cheque:

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