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Archive: 17 December 2014

Posts in 17 December 2014

Where all factual facts are available on the records, the Tribunal couldn’t remand back the case

December 17, 2014 1100 Views 0 comment Print

L’Oreal India (Pvt.) Ltd. (the Petitioner) was engaged in the manufacture of cosmetic products classified into two categories, namely Technical products cleared to Salon/ Beauty Parlour (Technical products) and Retail sale products meant for sale to consumers (Retail sale products).

Extended period not invocable when penalties waived off on the ground of interpretational issue

December 17, 2014 1298 Views 0 comment Print

In the instant case, Sankhla Udyog (the Appellant) was engaged in rendering Repairs and Maintenance Services. A Show Cause Notice was issued to the Appellant by invoking the extended period alleging that there was a difference between the amount shown in their ledger and in the Service Tax Returns (ST-3) on which the Appellant had not paid Service tax and the same was liable to be recovered along with interest and penalty.

Cenvat credit on Outdoor Catering services used in relation to business activities

December 17, 2014 7464 Views 0 comment Print

Even after amendment made in the definition of ‘Input services’ w.e.f April 1, 2011, Cenvat credit on Outdoor Catering services used in relation to business activities continues to be eligible when the cost is borne by the Company and not recovered from the employees.

Penalty leviable even if service tax is paid before SCN

December 17, 2014 4015 Views 0 comment Print

Recently, Hon’ble Karnataka High Court in the matter of K. Madhav Kamath Brother & Co. v. Asst. Comm. of Central Excise, pronounced that even if service tax is paid prior to Show Cause Notice, still the penalty shall be leviable u/s 76/78, 77 of Finance Act’94.

Once reasonable cause is established, no penalty is imposable

December 17, 2014 2963 Views 0 comment Print

V.M. Engg. Works (the Assessee) made late payment of Service tax, consequent to which a Show Cause Notice was issued to the Assessee proposing to impose penalty for late payment of Service tax under Section 76 of the Finance Act, 1994 (the Finance Act).

SIT Submits suggestion / Actions to Control Black Money

December 17, 2014 1037 Views 0 comment Print

Placed below are the relevant portions of the Second Report of the Special Investigation Team (SIT) on Black Money which was recently submitted by the SIT to the Hon’ble Supreme Court: I. In response to the directions issued by the SIT, CBDT has directed various Assessing Officers to finalize the assessments for all actionable cases (427), whose names are appearing in the HSBC list received by the Department.

Devising a Simple Compensation Structure for Staff

December 17, 2014 6824 Views 0 comment Print

Devising a Simple Compensation Structure The objective of this article is to explain the basic Compensation structure in its simplest form. Information about Statutory compliance with Labor Laws and Tax requirements will also be explained in brief. Every organization aspires to devise a compensation structure that is easily understood, while taking into account all the […]

S. 194H TDS not applicable on Charges for use of Swipe Machine paid to banks

December 17, 2014 20409 Views 0 comment Print

Assessee was engaged in the business of trading in readymade garments. A letter was received from the Assessing Officer, TDS Circle Mumbai that the respondent-assessee had paid 3commission’ to HDFC on payments received from customers who had made purchases through credit cards.

Goods & Service Tax Will Be A Reality by April 2016

December 17, 2014 5018 Views 0 comment Print

The Central Government has finally agreed to many demands of various states during the most successful meeting held so far on 15th December , 2014. This is claimed to be a win win deal and passing of first hurdle in rolling out the long awaited goods and service tax(GST) in India from April, 2016.

What You Should Know About Employer’s Tax Responsibilities

December 17, 2014 2528 Views 0 comment Print

This is an informative article that explains in brief the tax responsibilities of an employer towards his employee in order to generate timely and accurate payroll. Payroll taxes Payroll related tax involves a good understanding of a typical compensation structure in an organization. An employer has 2 parties that he has to consider when computing […]

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