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Archive: 05 December 2014

Posts in 05 December 2014

Tribunal can initiate contempt proceedings for non-issue of refund despite its order

December 5, 2014 1204 Views 1 comment Print

LCL Logistics (India) Pvt. Ltd. (the Appellant) filed a Miscellaneous Application before the Hon’ble CESTAT, Mumbai, in respect of Order of the Hon’ble Tribunal vide which the penalty on the Appellant was reduced from Rs. 5,00,000/- to Rs. 1,00,000/-.

Any Stay Order passed by the Tribunal, if is in force beyond August 7, 2014, shall continue till disposal of appeals

December 5, 2014 1113 Views 0 comment Print

Hon’ble Tribunal concluded that any Stay Order passed by the Tribunal, if it is in force beyond August 7, 2014, it would continue till the disposal of the appeals and there is no need for filing any further applications for extension of orders granting Stay either fully or partially.

CBDT issues Note on Publicity campaign at IITF, 2014

December 5, 2014 2152 Views 0 comment Print

The Departments public outreach on the Taxpayers Services wins laurels! The Taxpayers’ Lounge set up by the Directorate of Income Tax (PRPP&OL) was awarded ‘Silver’ medal for excellence in display in the category of Ministries and Departments in the 34th India International Trade Fair, 2014 in the award ceremony held on 27th November 2014. The […]

Rule 5A(2) of Service Tax Rules Re-introduced Via Notification No. 23/2014-ST after being held ultra-vires By High Court of Delhi

December 5, 2014 9656 Views 0 comment Print

It is pertinent to note that very recently , the Honourable High Court of Delhi in the case of Travelite (India) vs. UOI & Ors, while quashing Rule 5A(2) of the Service Tax Rules and the CBEC Instructions prescribing the manner of an audit and the records that can be called for by the authorities, held that

DGFT notifies Appellate Authority against orders passed by Adjudicating Authorities

December 5, 2014 5142 Views 0 comment Print

In exercise of the powers conferred by clause (b) of sub-section (1) of Section 15 of the Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992) and in supersession of the earlier Notifications referred below, the Central Government hereby authorizes the officers specified in column 3 of the Table below to function as Appellate Authority against the orders passed by the Adjudicating Authorities authorized by the Central Government under Section 13 of the said Act.

CAs/ CMAs can conduct Service tax audits

December 5, 2014 13595 Views 0 comment Print

Vide Notification No. 23/2014- ST dated- 05.12.2014, CBEC has amended rule 5A(2) and the pronouncement of Allahabad High Court has been followed principally & CAs/CMAs have been made empowered to conduct service tax audits.

Reverse & Partial Reverse Charge Mechanism in Service Tax

December 5, 2014 771616 Views 47 comments Print

The reverse charge mechanism (RCM) was first introduced effectively from 01-01-2005 vide Notification No. 36/2004-ST dt. 31-12-2004 read with Rule 2(1)(d) of Service Tax Rules, 1994. With effect from 01-07-1012 a new mechanism of reverse charge (RCM) and partial reverse charge or joint charge (PRCM / JCM) was introduced with the introduction of negative list regime of service tax.

Merely because respondent is State, delay in filing appeal cannot be mechanically considered

December 5, 2014 1574 Views 0 comment Print

Allowing the appeal, the Hon’ble Supreme Court HELD Merely because the respondent is the State, delay in filing the appeal or revision cannot and shall not be mechanically considered and in absence of sufficient cause’ delay shall not be condoned.

SSI Exemption under Service Tax

December 5, 2014 210460 Views 45 comments Print

Central Government exempts taxable services of aggregate value not exceeding ten lakh rupees in any financial year from the whole of the service tax leviable thereon under section 66B of the said Finance Act except the following services described below;

Notification No. 100 (RE-201 3)/2009-2014, Dated: 05.12.2014

December 5, 2014 1297 Views 0 comment Print

Existing policy conditions (prior to this amendment) as available at page 545 of ITC(HS) Classification of Export and Import Items (as updated on 18.04.2012), for the Exim Codes 6802 10 00, 6802 21 10, 6802 21 20, 6802 21 90, 6802 91 00 and 6802 92 00 of Chapter 68 are extracted below (earlier policy conditions).

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