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Archive: 23 June 2015

Posts in 23 June 2015

Course on Mastering GST Sections Effortlessly with Memory Techniques!

November 28, 2024 5607 Views 0 comment Print

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Service tax on sale of recharge coupons and SIM cards applicable on gross amount received from distributors and not on MRP

June 23, 2015 36217 Views 1 comment Print

It is true that the service rendered by the assessee by way of sale of pre‐paid SIM cards through distributors was ultimately received by the subscribers. However, where the law prescribes the value of taxable service to be the gross amount charged by the service‐provider, Service tax can be levied on that amount only.

Limitation period of Sec 11B does not apply for claiming re-credit of excess service tax paid

June 23, 2015 2886 Views 0 comment Print

The issue of limitation of claim under Sec 11B as raised by Revenue is also not maintainable because the amount paid by the appellant in excess of their service tax liability ceased to be in nature of service tax paid by them and is merely an excess deposit paid by the appellant.

Reassessment u/s 148 quashed, on issue of notice without valid jurisdiction

June 23, 2015 5978 Views 0 comment Print

The reliance has been placed on the decision of Hon’ble Allahabad High Court in the case of CIT Vs. M/s MT Builders Pvt. Ltd., (2012) 349 R 271 (All.) that the notice issued by an Officer who had no valid jurisdiction over the assessee is invalid. Accordingly, The notice under Section 148 of the Act issued by the Income Tax Officer

Filling up the lacunae in defective SCN not allowed in case of an open remand

June 23, 2015 840 Views 0 comment Print

The Hon’ble High Court of Madras held that the issues raised by the Appellants and answered by the Commissioner (Appeals) in their favour has to be considered by the Tribunal on its own merits and there being no finding on the issues in the manner in which the plea has been taken by the Appellants,

Relaxation in number of Audit – High Level Committee on Tax Laws

June 23, 2015 1118 Views 0 comment Print

You would be glad to know that that the long awaited Notification to exempt private companies under section 462 of the Companies Act 2013 has been recently issued by the Ministry of Corporate Affairs. ICAI has highlighted need for a clarification in this regard on various occasions. There was no apparent need to put a cap on the number of audit of small and medium companies.

GST- Way Forward

June 23, 2015 3100 Views 0 comment Print

Simply put, goods and services tax is a tax levied on goods and services imposed at each point of sale or rendering of service. Such GST could be on entire goods and services or there could be some exempted class of goods or services or a negative list of goods and services on which GST is not levied. GST is an indirect tax in lieu of tax on goods (excise) and tax on service (service tax).

Streamlining process of public issues- Obviating the need to issue cheques

June 23, 2015 939 Views 0 comment Print

Initial Public Offering (IPO) process streamlined to, reduce time period for listing of issues from T+12 days to T+6 days, increase reach of retail investors to access the IPO and reduce the cost of public issues. With this issuers will have faster access to the capital raised and investors will have early liquidity.

Govt. considering to provide tax benefit on Electronic Transactions

June 23, 2015 1100 Views 0 comment Print

Objectives Improve the ease of conducting transactions for an individual Build a transactions history to enable improved credit access and financial inclusion. Reduce the risks and costs of carrying cash at the individual level. Reduce costs of managing cash in the economy.

Capital gain would only be charged in the year in which stock-in-trade would be sold

June 23, 2015 961 Views 0 comment Print

These are the appeals filed by revenue against which assessee also filed cross-objection relevant to three AYs. In these cases ITAT examined various issues and held that capital gain on transfer of land held as stock-in-trade can be made only in the year in which stock-in-trade was sold and not in year in which agreement was made.

Regarding cancellation of registration of VAT dealers who have failed to file their returns

June 23, 2015 3777 Views 0 comment Print

It has been observed that substantial number of registered dealers have not filed their returns for the financial years 2012-13 and 2013-14. This may be on account of no business activity by them during these years or the business may have been closed down permanently or the business being conducted in a clandestine manner with tax evasion motive. In all these cases, the chances of misuse of registration facility cannot be ruled out. Sub-section (4) of section 16 of the RVAT Act, 2003, provides for cancellation of certificate of registration in certain cases in particular:-

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