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Archive: 07 October 2015

Posts in 07 October 2015

Decisions: Only You Make Yours

October 7, 2015 3707 Views 0 comment Print

Decisions are not easy to make. Sometimes the mind cannot settle, we are unable to reconcile with the subject at hand. The more we think of it, the more it leads to disorder in our lives. We cannot find peace within ourselves. There are something’s which we must do on our own, by listening to our inner voice, that gut feeling, those righteous words which the soul speaks.

No Excise duty Price-escalation not contemplated at or before time of removal :SC

October 7, 2015 1589 Views 0 comment Print

CCE Vs. Hitkari Fibres Ltd. (Supreme Court), Price-escalation which was not contemplated at or before time of removal, cannot form part of transaction value especially when there is no allegation of understatement of value – Duty is payable at place, price and time of clearance of goods

Analysis of CBEC clarification on chargeability of Service tax on GTA

October 7, 2015 3086 Views 0 comment Print

CA Bimal Jain Background: Goods Transport Agency (“GTA”) has been defined to mean any person who provides service to a person in relation to transport of goods by road and issues consignment note, by whatever name called. In addition to transportation services, GTA also provides various ancillary services such as loading/ unloading, packing/unpacking, transhipment, temporary […]

Whether assessee is entitled to avail Input Tax Credit on purchase of DEPB Scrips?

October 7, 2015 4301 Views 0 comment Print

Jagriti Plastics Limited vs Commissioner of Trade & Taxes (Delhi HIgh Court),- Hon’ble Court noted that the price of the goods sold by the appellant included the component of customs duty paid at the time of their import and such component is reduced to the extent of usage of DEPB scrips by the company.

SARFAESI Act, 2002- Legal Position Of Authorised Officer

October 7, 2015 24177 Views 0 comment Print

The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI ACT) was enacted by Government of India to enable banks and financial institutions to realise long-term assets, manage problems of liquidity, asset liability mismatches and improve by exercising powers to take possession of securities, sell them and reduce non-performing assets by adopting measures for recovery or reconstruction.

Order becomes null if based merely on statements of witnesses without allowing assessee to cross-examine them: SC

October 7, 2015 6828 Views 0 comment Print

Andaman Timber Industries Vs. CCE (Supreme Court) Not allowing assessee to cross-examine statements of witnesses, which were made basis of demand, is a serious flaw which makes order nullity, as it amounts to violation of principles of natural justice.

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