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Archive: 18 December 2014

Posts in 18 December 2014

Free Webinar: Analysis of 10 Recent Income Tax Judgments in Favour of Assessee

July 1, 2024 2166 Views 0 comment Print

Join our free webinar on July 7 at 5 PM for insights into 10 recent High Court income tax judgments favoring assessees. Expert analysis by CA Dipak Dama.

Capital Gains on sale of TDR received as additional FSI under D. C. Regulations is not chargeable to tax

December 18, 2014 4173 Views 0 comment Print

We have heard both sides at great length and with their assistance, we have perused the order passed by the Tribunal and that of the Commissioner and the Assessing Officer. The Assessing Officer has noted the basic facts and about which there is no dispute.

De Novo Adjudication in Service Tax

December 18, 2014 14571 Views 0 comment Print

Power of Adjudication is contained in Section 83A of Finance Act, 1994. Adjudication proceedings in any assessment or penal proceedings is a very important aspect of tax administration. It provides an opportunity to the assessee to be heard and show cause before any action is taken in proceedings relating to him.

Service Tax on‘Commission Agent Service’ on Import-Export of Goods

December 18, 2014 118467 Views 32 comments Print

In order to promote the Exports, Government of India has given big relief to industries in India, by exempting the service tax on commission paid to overseas agent for Export of Goods vide Notification No 14/2014 ST dated 11th July 2014. It is welcome and much needed move, considering global completion.

Filing of Form MGT-14 for Special Resolutions- Companies Act, 2013

December 18, 2014 16648 Views 8 comments Print

The Companies Act, 2013 (Act) was notified on 29thAugust, 2013. Out of 470 sections in the Act, 283 sections and 22 sets of Rules corresponding to such sections have so far been brought into force. The Act and the related Rules contain a large number of provisions requiring approval of shareholders by way of special resolution.

SEBI : Redressal of investor grievances through SEBI Complaints Redress System (SCORES) platform

December 18, 2014 790 Views 0 comment Print

SEBI has issued various circulars/directions from time to time with respect to SCORES. In order to enable the users to have an access to all the applicable circulars/directions at one place, this Circular on SCORES consolidates the current provisions.

Inclusion of Cost of insurance in Assessable Value for Excise Duty

December 18, 2014 2066 Views 0 comment Print

Kapoor Glass (I) Pvt. Ltd. (the Assessee) cleared the goods from the factory to their customers and recovered cost of insurance from them. In the lorry receipts, the freight was on to pay basis and the buyer of the goods were shown as the consignee.

Non-disclosure of precise material relied on transferring the case from one jurisdiction to other is against principles of natural justice

December 18, 2014 390 Views 0 comment Print

Himachal Pradesh High Court in the case of Anand Chauhan & others held that not providing assessee with the precise reason for transfer of his case from one jurisdiction to other amounts to violating the principles of natural justice as non-disclosure take away his right of putting forward his objections effectively.

Authentication of supply invoice/ ARE-3 by the Central Excise Authorities for Claiming Deemed export benefits – reg

December 18, 2014 5099 Views 0 comment Print

CIRCULAR NO. 17/2014-Customs, Dated: December 18, 2014 Attention is drawn to Circular No. 15/2008-Cus dated 26.09.2008 in which guidelines on the above subject have been prescribed for recipient units registered with Central Excise or not so registered. In respect of units registered with Central Excise, the Superintendent of Central Excise in-charge of the unit has to make an endorsement on documents within 21 days from the date of supply or receipt of intimation, whichever is later.

Re-warehousing of goods imported and/or procured indigenously by EOU/EHTP/STP/BTP units-reg

December 18, 2014 1946 Views 0 comment Print

CIRCULAR NO. 16/2014-Customs Dated: December 18, 2014 Attention is drawn to the self-bonding/warehousing procedure on the above subject specified in Circular No. 19/2007-Cus dated 03.05.2007. It has been brought to the notice of the Board that the units which are under the said procedure are facing difficulty in obtaining deemed export benefits as the ARE-3 is not certified by the Central Excise authorities.

Norms for Execution of Bank Guarantee for Advance License/EPCG Schemes

December 18, 2014 8792 Views 0 comment Print

CIRCULAR NO. 15/2014-Customs., Dated: December 18, 2014 Presently, the para 3.2 of the Circular No. 58/2004-Customs prescribes that the bank guarantee (BG) exemption specified in para 3.1 of the Circular shall be admissible subject to certain conditions. One of the conditions (amongst others) for the admissibility of the Nil or 15% or 25% BG is in para 3.2(c) of the Circular.

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