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Archive: November, 2015

Posts in November, 2015

Revision u/s 263 not allowed on matters which already enquired and replied in original assessment

November 5, 2015 1655 Views 0 comment Print

ITAT Ahmadabad held In the case of Adani Port & Special Economic Zone Ltd. vs. ACIT that two circumstances must exist to enable the Commissioner to exercise power of revision u/s 263, namely (i) the order is erroneous

Understanding Negative List of Services in Depth

November 5, 2015 8399 Views 0 comment Print

1. Department of Posts provides a number of services. What is the status of those services for the purpose of levy of service tax? As per sub-clause (i) of clause (a) of section 66D services provided by the Department of Posts by way of speed post, express parcel post, life insurance, and agency services carried out on payment of commission on non government business are excluded from the negative list. Therefore, the following services provided by Department of Posts are not liable to service tax.

Comparison of Company Incorporation via form INC-29 & current procedure

November 5, 2015 8354 Views 0 comment Print

According to the latest World Bank report, India stands at the 142th position in terms of ease of doing business globally. No wonder, there have always been clamour and concern for bureaucratic hurdles which prevent the business to run efficiently and smoothly. One such hurdle was the bureaucratic procedure as to the incorporation of a […]

Process For Change In Name / Registered Office / Admission or Deletion of Partners of LLP

November 5, 2015 128702 Views 9 comments Print

The limited liability partnership may change its name by following the procedure as laid down in the limited liability partnership agreement. Where the limited liability partnership agreement is silent on this matter, consent of all partners shall be required for changing the name of the limited liability partnership.

Acceptance of Deposits In Case of Private Limited Companies

November 5, 2015 8649 Views 1 comment Print

♠ Loans are the major source of funding for most of the Companies a part from their Share Capital. Companies borrow from various sources like banks and various other financial institutions. Whereas, Public Limited Companies borrow from mass public by accepting public deposits. Private Companies are strictly prohibited from accepting any loan or deposits from […]

Amendment in DTAA between India and Turkmenistan

November 5, 2015 861 Views 0 comment Print

The Union Cabinet chaired by the Prime Minister Shri Narendra Modi, has given its approval today for amending the Double Taxation Avoidance Convention (DTAC) signed between India and Turkmenistan in 1997 for the avoidance of double taxation and for the prevention of fiscal evasion with respect to taxes on income and on capital, through a Protocol.

Delhi VAT- Advisory for Casual Dealers

November 5, 2015 5914 Views 0 comment Print

The India International Trade Fair (IITF) shall be held from 14-11-2015 to 27-11­2015 at Pragati Maidan, New Delhi. Registered dealers of VAT department shall continue to use their TIN for making sales at IITF and follow the provisions of Delhi Value Added Tax Act, 2004 and Rules framed there under for conducting business. Un—Registered dealers including those from outside Delhi are required to get themselves registered as Casual Traders Under Sectionl6A of the said Act.

Service Tax on Transmission & exchange of financial messages

November 5, 2015 1456 Views 0 comment Print

In the case of Bank of Baroda VS Commissioner of Service Tax it was held that the service of transmission and exchange of financial messages falls under the category of Banking and Other Financial Services and service tax should be levied accordingly

Service Tax on SIM Cards

November 5, 2015 20837 Views 0 comment Print

In this article an attempt has been made to consolidate the important developments of service tax law on taxability of SIM card transactions. 1. Amount received for subscription of SIM card is exigible to service tax only. The charges paid by the subscribers for procuring a SIM Card are generally processing charges for activating the cellular phone and consequently the same would necessarily be included in the value of the SIM Card.

Exemplary Cost to be imposed on Commissioner, if precedent not followed while filing appeal: Bombay High Court

November 5, 2015 2111 Views 0 comment Print

In a judgement dated 19-01-2015 in the case of CIT-8 Vs. Proctor and Gamble Home Products Ltd., the Hon’ble Bombay High Court while dismissing the appeal, passed stringent strictures and gave directions to the Revenue Authorities when the Revenue choose to persist with the Appeal

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