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Archive: February, 2015

Posts in February, 2015

Need to Expand Tax Base and Improving Tax Compliance

February 25, 2015 3740 Views 0 comment Print

Central Excise Day Celebrated; MoS(Finance) Shri Jayant Sinha Emphasizes that There is Urgent Need to Enhance the Tax to GDP Ratio in India as Well as Expanding the Tax Base and Improving the Tax Compliance; Exhorted the Officers to Work on Innovative Ideas to Facilitate Starting and Doing a Business The Minister of State for […]

Composite Show cause Notice – Apportionment of liability based upon past figures?

February 25, 2015 1171 Views 0 comment Print

Modern Industrial Enterprises (MIE) and Florida Electrical Industries Ltd. (FIEL) (collectively referred to as ‘the Assessees’ were subject to independent search operations by the Central Excise Authorities on September 22, 2001

Cenvat credit cannot be denied at the end of recipients of goods, on the premise that higher duty been paid by manufacturer

February 25, 2015 1420 Views 0 comment Print

The Hon’ble Supreme Court in the case of MDS Switchgear Pvt. Ltd. [2008 (229) ELT 485 (S.C.)], has held that Cenvat credit cannot be denied at the end of the recipients of the goods on the premise that higher duty has been paid by the manufacturer.

Subsequent reversal of Cenvat credit initially availed but not utilized, tantamount to non-availment of Cenvat credit

February 25, 2015 1492 Views 0 comment Print

Hon’ble Apex Court judgment in the case of Chandrapur Magnet Wire (P) Ltd. Vs. CC, Nagpur [1996 (81) E.L.T. 3 (S.C.)], held that since the Cenvat credit initially taken was reversed without being utilised by the Assessee, it is to be treated as if the Assessee has not taken the Cenvat credit and hence, would be eligible for the exemption benefit under the Exemption Notification.

Works contract executed for SEZ units cannot have zero rating benefit

February 25, 2015 11234 Views 1 comment Print

Tulsyan Nec Limited (the Petitioner) was engaged in the manufacture of High Tensile Fasteners, Gear Shifters etc., and its factory was located in Special Economic Zone (SEZ). The Petitioner was awarded contracts for construction of their factory building and related infrastructure in SEZ.

Creation of two additional benches of the Authority for Advance Rulings (Income Tax)

February 25, 2015 636 Views 0 comment Print

The Union Cabinet chaired by the Prime Minister, Shri Narendra Modi, today gave its approval to the following:- i. Creation of two additional benches of the Authority for Advance Rulings (Income Tax), one in New Delhi and one new bench in Mumbai; ii. creation of two posts of Vice-Chairmen in the Apex scale and four […]

Pre-deposit has to be waived off if Assessee’s case is a good/ strong prima facie case covered by a binding precedent

February 25, 2015 3064 Views 0 comment Print

Shukla & Brothers (the Appellant) is a proprietorship firm registered under Service tax under the category of ‘Construction Work’. However, under some confusion and misguidance, the Appellant was issued registration under ST-2 in the category of ‘Civil Structure Construction Work’. The Appellant claimed that the services provided are of maintenance/ sanitation services provided at factory premises of clients, which does not fall within the Service tax net.

Securities Contracts (Regulation) (Amendment) Rules, 2015

February 25, 2015 1350 Views 0 comment Print

G.S.R. 125(E).—In exercise of the powers conferred by section 30 of the Securities Contracts (Regulation) Act of 1956 (42 of 1956), the Central Government hereby makes the following rules further to amend the Securities Contracts (Regulation) Rules, 1957

Contractee liable to deduct and Pay TDS on Works contract despite possible refund claim by contractor

February 25, 2015 7250 Views 0 comment Print

The fact that NECL could seek refund of the tax paid as per the State Government Order G.O.Ms. No. 609 dated May 29, 2006, issued in terms of Section 15(1) of the AP VAT Act, will not absolve KPCL of their statutory obligation to deduct TDS;

Time limit prescribed for filing refund U/s. 27 of Customs Act, 1962 cannot be made applicable to duty paid by mistake

February 25, 2015 4458 Views 0 comment Print

In the present case, a Thailand based Company, Italian Thai Development Public Company Limited and an Indian Public Company, ITD Cementation India Limited having its place of business in Salt Lake City, Kolkata decided to establish a Joint Venture Organisation – ITD-ITD CEM JV.

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