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Archive: 04 December 2014

Posts in 04 December 2014

Value of materials not includible in value of services where Agreement quantifies value of materials separately

December 4, 2014 2301 Views 0 comment Print

Goverdhan Transformer Udyog Pvt. Ltd. (the Assessee) provided Management, Maintenance and Repair services (Repair services) for the repair of old and damaged transformers to Dakshinanchal Vidyut Vitaran Nigam Ltd. (DVVN).

Tribunal has no inherent power to put a condition for depositing an amount for adjudicating the case afresh

December 4, 2014 618 Views 0 comment Print

In the instant case, a Show Cause Notice was issued by the Ld. Commissioner to Maa Mahamaya Industries Ltd. (the Appellant) and the same was adjudicated against the Appellant. Being aggrieved, the Appellant preferred an appeal before the Hon’ble CESTAT.

Nobody in factory' cannot tantamount to refusal of Appellant

December 4, 2014 1358 Views 0 comment Print

The Hon’ble High Court of Allahabad held that an endorsement by the postal authority that ‘there is nobody in the factory’ cannot tantamount to refusal of the Appellant nor it can be read as factory is closed.

SCN after retrospective amendment is not sustainable

December 4, 2014 1190 Views 0 comment Print

In the instant case, demand of Service tax is raised against PSL Ltd. (the Appellant) as recipient of Goods Transport Agency (GTA) services for the period from November 16, 1997 to June 2, 1998, by issuing a Show Cause Notice dated July 31, 2007 i.e. after retrospective amendment

Input Service credit on Inputs lost during manufacturing

December 4, 2014 649 Views 0 comment Print

Inputs lost during manufacturing does not amount to receipt of Inputs in short quantity and accordingly whatever tax has been paid by Assessee on Inward Transportation service is entitled for Input Service credit

How do you manage corporate credit cards?

December 4, 2014 624 Views 2 comments Print

We always tend to be a little casual with our business or corporate credit cards for the simple reason that the company tends to reimburse or pay the credit card bills. However, at the end of the month when you send the statement to your company’s executive most of the times you are left scratching […]

Rate of exchange of conversion of each of foreign currency with effect from 05th December, 2014

December 4, 2014 262 Views 0 comment Print

In exercise of the powers conferred by section 14 of the Customs Act, 1962 (52 of 1962), and in super session of the notification of the Government of India in the Ministry of Finance (Department of Revenue)

Can withdrawal of circulars change law?

December 4, 2014 3447 Views 0 comment Print

B.Ramana Kumar, M.Com., LLB, FCA, Advocate Hitherto, the export commissions paid to foreign agents were never in question of taxation in India. This was fortified by Circular No.23 dated 23 July 1969 which stated that where a foreign agent of India exporters operates in his own country and his commission is usually remitted directly to […]

Time Limit for Adjudication in Service Tax

December 4, 2014 24844 Views 0 comment Print

Prior to Finance Act, 2014, Service Tax law does not provide for any provision which stipulates the time period within which adjudicating authority is bound to complete the adjudicating process and issue the demand order or adjudication order. The experience suggests that the officers take years together to complete the adjudication or even to issue orders after personal hearings are over

Income Tax Return & other details exempt from RTI – Delhi HC

December 4, 2014 1889 Views 0 comment Print

The assessment proceedings are not public proceedings where all and sundry are allowed to participate and add their opinion to the proceedings. Merely because a spirited citizen wishes to assist in assessment proceedings, the same cannot be stated to be in larger public interest.

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