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Archive: October, 2014

Posts in October, 2014

Cenvat credit is available on capital goods used for manufacture of exempted intermediary products which are used in turn for manufacturing of dutiable final product

October 12, 2014 2420 Views 0 comment Print

In the instant case, SEIITL only manufactured the chassis, which is only a part of a TV. It is not a finished product and is only an intermediary product. SEIITL supplied intermediary product to the Respondent, which manufactured the TV and paid duty on it.

Reporting in new Form 3CD vis a vis ICAI Guidance Note – a Ready Reckoner

October 12, 2014 8026 Views 0 comment Print

CA Rajesh Condoor I am herewith attaching a document on Reporting in New Form 3CD clause wise vis a vis ICAI revised Guidance Note in a tablular form with respect to each clause of the Form 3CD.  Will be useful as a Ready Reckoner for tax auditor and his team.  Download The Ready Reckoner on […]

TP adjustment cannot be made on issue of shares at a price lower than ALP or FMV

October 12, 2014 3668 Views 0 comment Print

In the instant case, the assesse has issued shares to its holding company at premium (INR 8591) amounting to INR 246.38 crores. The said transaction was reported in Form 3CEB, although assesse claimed TP Provisions are not applicable on income arising on such transactions.

Distribution of Cenvat credit by Zonal office to branches cannot be denied merely because it did not obtain Service tax registration

October 11, 2014 1769 Views 0 comment Print

Punjab National Bank (the Appellant or PNB) is the Zonal Audit Office at Meerut of the Punjab National Bank. The Appellant applied and obtained Service tax registration for providing banking and financial services on October 30, 2004.

Interest allowable on refund of pre-deposit

October 11, 2014 24771 Views 0 comment Print

We are sharing with you an important judgment of Hon’ble Delhi High Court in the case of Afcons Infrastructure Ltd. Vs. Union of India [(2014) 49 taxmann.com 79 (Delhi)] on the following issue: Issue: Whether communication of appellate order to the Commissioner would amount to communication to the Adjudicating Authority while determining interest to be […]

Sec. 269SS not violated in accepting share application money or deposit in cash

October 11, 2014 8337 Views 0 comment Print

Share Application Money or deposit in the current account cannot be included in the definition of deposit so as to trigger provisions of sec 269SS of the Income Tax Act,1961. Brief facts of the case were that the assessee company was in the business of construct ion of the hotel.

DVAT Dealers- Last chance to revise annexure 2A and 2B for FY 2012-13

October 11, 2014 16330 Views 11 comments Print

The problems with mismatch in annexures 2A and 2B are very common with respect to filing of vat returns under the Delhi VAT Act. A small typographical mistake in entering the TIN gives rise to demands due to mismatch in annexures 2A and 2B of the selling as well as the purchasing dealers.

Process of approval of Directors report & Financial Statements

October 11, 2014 160379 Views 9 comments Print

Process of approval of Directors report & Financial Statements (FS) : MGT 14 can be filled by 20th Oct, if Board meeting held on 21st September & shorter notice for Annual General Meeting (AGM) is been served on Shareholders

Service Tax assessees, will continue to be mapped in ACES to existing location codes

October 11, 2014 1214 Views 0 comment Print

Although the reorganization of formations under CBEC will take effect from 15th October 2014, to avoid inconvenience to the existing Central Excise and Service Tax assessees, they will continue to be mapped in ACES to the existing location codes (Commissionerate, Division and Range). Applicants for new registration can also apply to the existing formations.

A consignment agent who is free to sell goods to customers cannot be made taxable under Clearing and Forwarding services

October 10, 2014 9964 Views 0 comment Print

B K Sales Corporation (Appellant) was appointed as consignment agent by way of an Agreement by Narmada Chematur Petrochemicals Ltd. (principal). In terms of the Agreement, the principal was required to supply their product duly packed in drums on regular basis to the Appellant

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