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Archive: February, 2015

Posts in February, 2015

Further Issue of Share Capital U/s. 62 of Companies Act,2013-PART II

February 12, 2015 38794 Views 0 comment Print

Section 62 of the Companies Act,2013 deals with the Further Issue of share capital to Employees under Employee Stock Options Scheme and to any persons on preferential basis. In my previous article (Part –I), I have discussed about the Issue of shares to the employees under Employee Stock Options Scheme (ESOS).

Insurance premium on Hire purchase transaction forms part of 'Sale'

February 12, 2015 4130 Views 0 comment Print

TATA Engineering and Locomotive Co.Ltd.(Now Known as TATA Motors Ltd.)[the Appellant or the Company] is a manufacturer of Motor Vehicles and also engaged in the business of hire finance of Motor Vehicles.

SC upholds levy of Sales tax on processing / supplying of photographs

February 12, 2015 6778 Views 0 comment Print

Entry 25 of Schedule VI of Karnataka Sales Tax Act, 1957 (Entry 25) was inserted vide an amendment in July 1, 1989 thereby providing for levy of Sales tax for processing and supply of photographs, photo prints and photo negatives.

Date of presentation of Bill of Entry is relevant for determining rate of duty

February 12, 2015 8768 Views 2 comments Print

Sunrise Enterprise (the Appellant) imported Global Star Brand Tyres, Tubes and Flaps (imported goods) falling under Chapter 40 of the First Schedule to the Customs Tariff Act, 1975 (the Customs Tariff Act) from Peoples Republic of China and Thailand and filed 3 Bills of Entries, one dated July 11,2007 and two dated July 12,2007.

Cenvat credit cannot be denied on Inputs forming ‘parts’ of final product

February 12, 2015 1499 Views 0 comment Print

Hero Honda Motors Ltd. (Assessee) is engaged in the business of manufacture of Motor Cycles. The Assessee availed Cenvat credit of mirror assembly, sari guard and tool kit (impugned goods) treating them as Inputs.

Demand cannot be confirmed merely based on statement of witness

February 12, 2015 2207 Views 0 comment Print

Bajrang Castings Private Limited (the Assessee) was engaged in manufacturing and sale of MS Ingots. During the course of searches, it was noted that the modus operandi of the Assessee was doubtful. It was alleged thatthe Assessee was availing Cenvat credit on the basis of Cenvatable invoicesfrom the registered dealers/ traders

Removal of Capital Goods after putting to use not amount to removal

February 12, 2015 1562 Views 0 comment Print

Pushpak Steels Pvt. Ltd. (the Appellant) was manufacturer of goods falling under Chapter 72 of the Central Excise Tariff Act, 1985. The Appellant purchased an Electric Motor (impugned Capital Goods) from Crompton Greeves Ltd.under an invoice No. 357 dated January 9, 2003 on payment of Excise duty amounting to Rs. 1,32,280/-.

List of documents required for KYC verification by Authorised Couriers

February 12, 2015 6160 Views 0 comment Print

Representations have been received from the Express Industry Council of India highlighting problems faced in complying with the KYC norms. It has been represented that only one identification/ document instead of minimum two documents should be collected

FDI–Reporting under FDI Scheme on e-Biz platform

February 12, 2015 1453 Views 0 comment Print

The ADs will be required to access the e-Biz portal (which is hosted on the National Informatics Centre (NIC) servers) using a Virtual Private Network (VPN) Account obtained from NIC. The financial aspects for obtaining/using the VPN accounts is being finalised in consultation with Government of India, DIPP and NIC. The same will be informed in due course.

Import of Goods into India – Requirement of submitting request in Form A-1 for Payment withdrawn

February 12, 2015 6428 Views 0 comment Print

It has been decided to dispense with the requirement of submitting request in Form A-1 to the AD Category –I Banks for making payments towards imports into India. AD Category –I may however, need to obtain all the requisite details from the importers and satisfy itself about the bonafides of the transactions before effecting the remittance.

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