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Archive: 07 January 2015

Posts in 07 January 2015

Rebate on Supply of aviation fuel to foreign going aircraft from fuelling Station registered as warehouse

January 7, 2015 3250 Views 0 comment Print

Indian Oil Corporation Ltd. (the Petitioner) had procured Aviation Turbine Fuel (ATF or the fuel) from the refinery of Bharat Petroleum Corporation Ltd (BPCL) on payment of Excise duty. The fuel was initially stored at the terminal and thereafter it was sold at NITC, IGI Airport, Delhi.

Time spent in pursuing remedy before wrong forum is excludible in determining period of limitation

January 7, 2015 1602 Views 0 comment Print

It was further held by the Hon’ble High Court that there is difference between ‘condonation of delay’ and ‘exclusion of period’. The condonation of delay is in the discretion of the Court or Forum, whereas exclusion of time under Section 14 of the Limitation Act is a mandate under law,without leaving any scope for subjectivity.

Contention that Assessee was service-recipient & not the provider cannot be termed as additional evidence

January 7, 2015 415 Views 0 comment Print

In the instant case, the Department demanded Service tax for the periods 2005-06 to 2007-08 on Rs. 14,40,000/- paid by Astron Polymers (P.) Ltd. (the Appellant) towards factory rent to one of its director. The Appellant denied liability to Service tax citing that levy was unconstitutional.

Service Tax on Hiring expatriate employees of Foreign Group Companies under a contract of employment

January 7, 2015 3806 Views 0 comment Print

Sciences Corporation India (P.) Ltd. (the Assessee) is a part of a Group of Companies situated in US, UK and Singapore among other countries The Assessee in the course of its business operations hired certain expatriate employees overseas.

Services received by SEZ prior to commencement of authorized operations eligible for exemption/ refund

January 7, 2015 883 Views 0 comment Print

Zydus Technologies Ltd. (the Assessee) filed a refund claim of Rs. 1,75,53,497/- for the services received by Special Economic Zones/ Developers (SEZ) vide application dated May 31, 2010 in terms of the Notification No. 9/2009-ST dated March 3, 2009

ITAT quashes 263 order on issue of shares at high premium

January 7, 2015 3209 Views 0 comment Print

On the issue of share premium money and unsecured loan, the Commissioner held that the order of the Assessing Officer suffers from several defects as the Assessing Officer has not raised any question while recording the statement with respect to the credentials of the applicant companies

RBI Revises Format of Certification of Agency Commission Claims by Bank Branch by External CA Auditors

January 7, 2015 432 Views 0 comment Print

he certificate to be furnished by the auditors has since been slightly amended. The agency commission claims submitted to our Regional Offices and Central Accounts Section, Nagpur may henceforth be accompanied by a certificate as per the revised format enclosed.

Powers & Duties of auditors and auditing standards

January 7, 2015 3789 Views 0 comment Print

Section 143 Powers and Duties of auditors and auditing standards (Relevant Rule 11, 12, 13 of The Companies (Audit and Auditors) Rules, 2014). 1. Auditor have right to access – books of accounts and vouchers of the co. and all its subsidiaries, if any, in relation to Consolidation of Financial Statement – wherever situated

Deuctibility of Cost of Furniture in Computation of Capital Gain on Property Sale

January 7, 2015 28082 Views 0 comment Print

Issue which arises for our consideration is whether Rs. 12 lakhs paid by the appellant assessee to the seller at the time of purchase of the property in question must be construed as a cost of acquisition of the asset so as to be deducted from the full value of consideration received by the appellant assessee at the time when he had sold and transferred the property in question.

How to Register as AMFI Registered Mutual Fund Advisors (ARMFA)

January 7, 2015 41381 Views 22 comments Print

All AMFI/ NISM Certified Intermediaries engaged in marketing and selling of Mutual Fund schemes are required to be registered with AMFI after passing AMFI/ NISM Certification Test. The Mutual Funds will not be able to deal with intermediaries who are not registered with AMFI and obtained ARN.

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