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Archive: 2013

Posts in 2013

Government Constitutes Fourteenth Finance Commission

January 2, 2013 840 Views 0 comment Print

Fourteenth Finance Commission Constituted             As mandated by the Article 280 of the Constitution, the Government has constituted the Fourteenth Finance Commission consisting of Dr. Y.V.Reddy, former Governor Reserve Bank of India, as the Chairman and the following four other members, namely: –

FM Appeal to the People to Moderate the Demand for Gold as IT Leads to Large Imports of Gold

January 2, 2013 1286 Views 0 comment Print

FM Statement on Current Account Deficit (CAD); Confident to Finance the Cad Without Drawing Upon Reserves; Appeal to the People to Moderate the Demand for Gold as IT Leads to Large Imports of Gold The text of the Union Finance Minister Shri P.Chidambaram’s Statement about Current Account Deficit (CAD) is as follows: I have spoken […]

No service tax on transportation of milk by rail or a vessel from one place in India to another

January 2, 2013 1017 Views 0 comment Print

Representation has been received from the Indian Railways seeking clarification as to whether service by way of transportation of milk by rail is covered by Notification No.25/2012-ST dated 20.06.2012, serial number 20(i). Circular No.167/2/2013 – ST, New Delhi, 1st January, 2013

Reminder for insurance policies not being invoices would not invite levy of service tax

January 2, 2013 1685 Views 0 comment Print

It has been represented by life insurance companies that in terms of the practice followed, reminder notices/letters are being issued to the policy holders to pay renewal premiums. Such reminder notices only solicit furtherance of service which if accepted by policy holder by payment of premium results in a service. Clarification has been desired whether service tax needs to be paid on the basis of such reminders. Circular No.166/1/2013 -ST, Dated 1st January, 2013

S. 147 Supply of recorded reasons after passing reassessment order renders the reopening void

January 2, 2013 1778 Views 0 comment Print

It is clear that the completion of assessment/re-assessment without furnishing the reasons recorded by the Assessing Officer for initiation of proceedings under section 147/148 of the Act is not sustainable in law as it is incumbent on the Assessing Officer to supply them within reasonable time as held by the Hon’ble Apex Court in the case of GKN Driveshafts (India) Ltd. v ITO (supra).

Matter related to Applicability of TDS on payments of air fare to freight agents located abroad remanded back to ITO

January 1, 2013 47531 Views 0 comment Print

As rightly submitted by the learned DR, one of the reasons given by the AO for making disallowance u/s 40(a)(ia) was that the payment of freight charges was made by the assessee on account of air fare and not shipping charges and even the said air fare was not directly paid to the airlines but the same was paid to the different parties who acted as freight booking agents.

New Team of ICSI for 2013

January 1, 2013 1598 Views 0 comment Print

CS M.S.SAHOO, a former officer of the Indian Economic Service (IES) takes over as the SECRETARY of the Institute of Company Secretaries of India (ICSI) w.e.f1st January 2013. CS Sutanu Sinha has taken over as the CHIEF EXECUTIVE of the Institute of Company Secretaries of India (ICSI) w.e.f 1st January 2013.

Export of Goods and Services – Simplification and Revision of Softex Procedure at SEZs

January 1, 2013 1311 Views 0 comment Print

As per the revised procedure, a software exporter either under STPIs or SEZs/EPZs/100%EOU/DTA, whose annual turnover is at least Rs.1000 crore or who files at least 600 SOFTEX forms annually on all India basis, will be eligible to submit statements in revised excel format sheets as per enclosed Annexures A & B. All other terms and conditions mentioned in the A.P. (DIR Series) Circular No.80 dated February 15, 2012 applicable to exporters of software situated in STPIs would remain unchanged.

SEBI circular on Debt Allocation Mechanism for FII

January 1, 2013 892 Views 0 comment Print

SEBI vide circular IMD/FIIC/1/2012 dated January 3, 2012 had provided the facility of re-investment of up to two years from the date of the circular or to the extent of twice the size of the debt portfolio, to those FIIs and sub-accounts that had already acquired limits and/or invested in debt in the manner prescribed in the said circular. The facility of reinvestment period was not allowed for all new allocations of debt limits to FIIs/sub-accounts after the issuance of the said circular.

Assessee entitled to Interest on interest for delayed payment of refund -SC

January 1, 2013 5082 Views 0 comment Print

The High Court had failed to notice that in view of the express provisions of the Act an assessee was entitled to compensation by way of interest on the delay in the payment of amounts lawfully due to the assessee which were withheld wrongly and contrary to the law by the department for an inordinate long period of up to 17 years.

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