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Archive: September, 2015

Posts in September, 2015

Goods imported without valid licence liable to confiscation & redemption fine : SC

September 22, 2015 1312 Views 0 comment Print

It has been held in case of COMMISSIONER OF CUSTOMS (IMPORT), RAIGAD V/s. M/S. FINACORD CHEMICALS (P) LTD. & ORS by supreme court that,As per the Department, these imports were under invoiced at pound 1.40 per litre whereas the actual price of the said goods was pound 3.78 per litre.

Extended period invoked cannot be more than what is specified in Act– HC

September 22, 2015 2335 Views 0 comment Print

In the case of Shri Dharampal Lalchand Chug Vs CCE, it was held by Bombay High Court that the period of limitation prescribed in section 11A of the Act cannot be enlarged. Once it is possible to scrutinise and verify the compliance of the terms and conditions on which the exemption has been issued in this case

Telecom Service providers not entitled to avail CENVAT credit on Towers, its Parts and Pre-fabricated buildings – HC

September 22, 2015 2516 Views 0 comment Print

In the case of Vodafone India Ltd. V/s. The Commissioner of Central Excise, it was held by Bombay High Court that by following the principles laid down in the case of Bharti Airtel Ltd. v/s Commissioner of Central Excise, a telecom service provider is not entitled to credit of duty paid on towers

Amended Sec. 11B applicable in cases where implementation of order under un-amended sec.11B is pending – SC

September 22, 2015 2296 Views 0 comment Print

In the case of CCE V/s. M/s. Dalmia Cement (Bharat) Ltd., the Hon’ble Supreme Court of India held that Section 11B of the Central Excise Act, as amended, applies to the cases where though an order has been passed directing refund, implementation of the order is pending.

Notification No. 47/2015-Customs, Dated- 22nd September, 2015

September 22, 2015 547 Views 0 comment Print

Notification No. 47/2015-Customs Dated- 22nd September, 2015 – In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of 1962), the Central Government, on being satisfied that it is necessary in the public interest so to do, hereby makes the following further amendments in the notification of the Government of India, in the Ministry of Finance (Department of Revenue), No.12/2012-Customs, dated the 17th March, 2012, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 185(E), dated the 17th March, 2012, namely:-

Court decision prevails over Circular and instructions: CBEC

September 21, 2015 4860 Views 1 comment Print

The CBEC vide Circular No. 1006/13/2015-CX dated September 21, 2015 has clarified that Board Circulars contrary to the judgements of Hon’ble Supreme Court become non-est in law and should not be followed.

Black Money Compliance Window to end on 30th September, 2015

September 21, 2015 478 Views 0 comment Print

Persons Holding Undisclosed Foreign Assets are Advised to file Their Declarations well in Time as Provided Under the Compliance Window of the New Black Money Act; One-Time Compliance Opportunity will End on 30th September, 2015; Information Contained in the Declaration will be Kept Confidential; Process of Filing Declaration is Simple and can be Filed Online […]

Delhi VAT- Reg. Temporary import / export of exhibits without Authorisation

September 21, 2015 1604 Views 0 comment Print

For temporary import / export of exhibits without Authorisation, the condition of submitting of both bond / security to Customs and ATA Carnet have been replaced by either bond / security to Customs or ATA Carnet.

Back to back sub-contracting- No VAT leviable on profit element of main contractor

September 21, 2015 9047 Views 0 comment Print

Surya Constructions vs CTO (Kerala HC)- In the construction and real estate industry it is common practice for the Contractors to sub contract the whole of the contract for execution on back to back basis. While sub-contracting on back to back basis the main contractor retains its profit element from the total consideration received from the contractee. In such case the question which arises whether such profit element is subject to any tax under VAT.

Post AGM Compliances under Companies Act, 2013

September 21, 2015 20217 Views 0 comment Print

1. Forward to Stock Exchange promptly copy of proceedings of AGM. [Clause 31(d) of Listing Agreement]. 2. Submit to the Stock Exchange details regarding the voting result within 48 hours of conclusion of AGM. [Clause 35A of Listing Agreement]

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