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Archive: July, 2015

Posts in July, 2015

Physical meeting of Commissioners not required u/s 86(2) of Finance Act, 1994

July 20, 2015 942 Views 0 comment Print

The Hon’ble High Court held that the Section 86(2) does not state as to the manner in which Committee of Commissioners have to arrive at a decision as to whether an appeal should be preferred against the order of Commissioner of Central Excise.

e-filed Return of Income for A.Y. 2013-2014 and 2014- 2015 can also be verified through EVC

July 20, 2015 2583 Views 0 comment Print

The Central Board of Direct Taxes has vide Notification No. 41/2015 dated 15.04.2015 in cases of categories of ‘persons’ specified therein, has introduced Electronic Verification Code (‘EVC’) as one of the modes for validation of return of income which are filed electronically on or after 01.04.2015.

Service Tax Recovered but not paid to Government is Tax Evasion

July 20, 2015 19153 Views 0 comment Print

In a recent judgment the Hon’ble Tribunal in the case of M/s IWI CROGENIC VAPORIZATION SYSTEMS INDIA Vs Commissioner of Central Excise Vadodar (2015-TIOL-1458-CESTAT-AHM) has held that recovering tax from the service recipients and not paying the same to Department has to be treated as evasion of service tax with an intention to evade

Provisions of Secretarial standard 2 on General Meetings

July 20, 2015 12502 Views 0 comment Print

A. FREQUENCY OF GENERAL MEETING: Every Company in each Calendar Year, hold a General Meeting called the Annual General Meeting. ANNUAL GENERAL MEETING: The Board shall every year convene meeting of members called Annual General Meeting. Annual General Meeting specifically called to transact Special Business.

Minutes of General Meeting as per Secretarial Standard 2

July 20, 2015 34313 Views 0 comment Print

 BACKGROUND: The drafting and maintenance of minutes of meetings has traditionally and for long been core functions of the Company Secretary. Justifiably so, for, the Company Secretary doesn’t merely writes minutes, he writes history- the history of the company, the history of the corporate sector and in a vicarious manner, of the economy and the […]

Textile Manufacturers to register under Rule 9 of Central Excise Rule 2002

July 20, 2015 1474 Views 0 comment Print

All such manufactures are required to get registered themselves under the Rule 9 of the Central Excise Rule 2002. All such manufactures are directed to declare the stock of the inputs and finished goods separately, as on 17thJuly, 2015, (in duplicate) to the Jurisdictional Range Office on or before 24/07/2015.

Claim of deduction of Loss Due to Dacoity, Theft, Embezzlement, etc., as Business Loss

July 19, 2015 47369 Views 0 comment Print

The losses occurring to an assessee due to dacoity, theft or embezzlement, etc., may be claimed as deductible while making the income chargeable to income-tax under the head profits and gains of business or profession under section 28. The loss by theft is not covered by section 10(2) (xv) of the Income Tax Act, 1922

Railway decides to modify Tatkal ticket rules for convenience of passengers

July 19, 2015 3411 Views 0 comment Print

Ministry of Railways decides to modify Tatkal ticket rules for the convenience of passengers Under the proposed modifications, some existing anomalies are being corrected for the benefit of the passengers Under the modification, it is proposed to remove the condition of providing photocopy of identity card or indicating its number at the time of purchase […]

Model GST law being drafted

July 19, 2015 3705 Views 0 comment Print

The Government remains committed to roll out the Goods and Services Tax (GST) from April 1, 2016. Currently a Central GST Law and a model legislation for the States were being drafted to levy GST on intra-state supplies; on inter-state supplies and levy of GST on imports.

Specific Performance of Contracts

July 19, 2015 12691 Views 0 comment Print

As we have discussed in my earlier article, Specific Relief Act, 1963 provides relief in case of Primary Right. Suppose in a case Court order for payment of compensation for damages not Specific Performance of breach of contract. The compensation in this case is Secondary Right of the plaintiff. But if Court Order for specific performance of the contract, then it is enforcement of Primary Right.

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