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Archive: December, 2014

Posts in December, 2014

Principal Manufacturer entitled to avail Cenvat credit of duty paid by job worker on intermediate goods

December 11, 2014 1153 Views 0 comment Print

hermax Ltd. (the Appellant) had cleared certain inputs to its job workers as per the procedure laid down under Rule 4(5)(a) of the Cenvat Credit Rules, 2004 (the Credit Rules) for manufacture of intermediate goods.

If Court is closed on last day of prescribed period, next working day is to be treated as last date of limitation for filing an appeal

December 11, 2014 9596 Views 0 comment Print

Sapna Packaging Industries (the Appellant) received an Order-In-Original on August 17, 2013 and preferred an appeal against the said order before the Ld. Commissioner (Appeals) on November 18, 2013.The Ld. Commissioner (Appeals) rejected the appeal on the ground of being

Suggestions for changes in MVAT Act 2002

December 11, 2014 4182 Views 0 comment Print

(A) Inordinate delays in granting of Refunds – Huge amount of refunds which are payable to the dealers at large are lying with the Department due to lack of support from Mahavat system. From FY 2008-09 onwards, Form 704s have been filed electronically and data for dealer wise sales is available in the database of the Department.

CBDT revises jurisdictions of DGITs / DITs of Intelligence & Criminal Investigation wing

December 10, 2014 3851 Views 0 comment Print

Notification No. 77/2014-Income Tax S.0…………………………… (E) In exercise of the powers conferred by sub-sections (1) and (2) of section 120 of the Income-tax Act, 1961 ( 43 of 1961) and in supersession of the notification of the Government of India, Central Board of Direct Taxes number S.O.1942(E), dated the 19th August, 2011 published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (ii)

Policy Circular No. 14 (RE-2013)/2009-2014, Dated: 10.12.2014

December 10, 2014 601 Views 0 comment Print

Accordingly, in compliance with the aforementioned interim orders of the Hon’ble High Court of Andhra Pradesh & Telengana, effect of Notification No.93 (RE-2013) dated 29.09.2014, in respect of the EXIM Code 1005-Maize (Corn) (1005 90 00 – other), is kept in abeyance until 17.12.2014.

Service Tax Audit by CA / CMA – Further Clarification

December 10, 2014 3788 Views 0 comment Print

Circular No. 181/7/2014-Service Tax  Dated- 10th December, 2014  Sub: Audit of the Service Tax assessees by the officers of Service Tax and Central Excise Commissionerates Section 94 of the Finance Act, 1994 deals with rule making powers of the Central Government in relation to service tax. Sub-section (2) of section 94, dealing with specific purposes […]

TDS on Salary for Assessment Year 2015-16

December 10, 2014 117658 Views 0 comment Print

CIRCULAR NO : 17/2014 Circular contains the rates of deduction of income-tax from the payment of income chargeable under the head ‘Salaries’ during the financial year 2014-15 and explains certain related provisions of the Act and Income-tax Rules, 1962 (hereinafter the Rules). Circular helps employer to correctly deduct TDS on

Deemed exports & exports not distinguishable for Central Excise Law

December 10, 2014 2362 Views 0 comment Print

In the instant case, the Department preferred an appeal to the Hon’ble CESTAT, Delhi, against the order of the Ld. Commissioner (Appeals) wherein it was held that deemed exports and exports are not different.

Can CESTAT dismiss an appeal for want of prosecution?

December 10, 2014 1690 Views 0 comment Print

Hon’ble Supreme Court held that Tribunal could not have dismissed the appeal filed by the appellant for want of prosecution and it ought to have decided the appeal on merits even if the appellant or its counsel was not present when the appeal was taken up for hearing.

Sec 2(22)e is not attracted on Security deposit made in normal course of business

December 10, 2014 3121 Views 0 comment Print

In Commissioner of Income Tax vs. Creative Dyeing and Printing Pvt. Ltd., 318 ITR 476, an advance was given to the said assessee by the sister concern, which held 50% of the share holding in the assessee concern for mordenisation project.

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