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Archive: 08 December 2015

Posts in 08 December 2015

Cenvat credit of Service tax on Group Insurance premium and mediclaim for existing/retired employees allowable

December 8, 2015 41548 Views 0 comment Print

The Department denied the Cenvat credit to Reliance Industries Ltd. (the Appellant) on the ground that the Service tax paid on the life insurance/ medi-claim policy for the existing employees and retired employees is ineligible as they are not covered under the definition

Cenvat credit admissible despite non-registration with Service Tax Department at the time of availing input services

December 8, 2015 2665 Views 0 comment Print

India Housing (the Appellant), a service provider, took Cenvat credit on certain input services. The Department denied the Cenvat credit on the ground that the Appellant has taken Cenvat credit on the documents which are not the correct documents as per the Rule 9(2) of the Credit Rules.

Furnishing return of income is not mandatory for claiming exemption u/s 10(23C)(iiiad) if gross receipts less than 1 crore

December 8, 2015 3566 Views 0 comment Print

The ITAT Chandigarh in the case of Mahabir Educational Welfare Society vs. DCIT held that for claiming exemption u/s 10)(23C)(iiiad) filling of return of income as per the law applicable for AY 2005-06 and 2006-07 was not mandatory as the gross receipts not exceeded Rs. 1 crore

Intimation u/s 143(1) is not an assessment, AO authorized to make reassessment u/s 147 subsequently: SC

December 8, 2015 9516 Views 0 comment Print

Supreme Court held In the case of ACIT vs. Rajesh Jhaveri Stock Brokers Pvt. Ltd. that Section 147 authorises and permits the Assessing Officer to assess or reassess income chargeable to tax if he has reason to believe that income for any assessment year has escaped assessment.

Section 174 of Companies Act 2013- Quorum For Board Meeting

December 8, 2015 32799 Views 5 comments Print

Quorum here means the minimum number of directors to be present at the board meeting in order to hold the board meeting. The provisions related to the minimum no. of directors i.e. quorum is provided u/s 174 of the companies Act 2013.

Authorising Commissioner to defend UoI and others in matters of indirect taxation before High Court

December 8, 2015 11785 Views 0 comment Print

F.No. 275/65/2013-CX.8A I am directed to say that as per para 4.8 of the Standard Operating Procedure (SOP) on ‘Litigation in Appellate Forums’ issued in October, 2013, all the cases pertaining to indirect taxes before the High Court, wherein Uol, MoF, Secretary (Revenue), Chairperson CBEC or any of these figure as respondents, are defended by the Commissioner concerned on being duly authorised by the Legal Cell of CBEC.

Addition cannot be justified u/s 68 merely because creditors were not produced before AO

December 8, 2015 3834 Views 0 comment Print

The Assessee was engaged in the manufacturing of readymade garments and export to foreign countries. The Assessee had filed the Income Tax Return, declaring an income of Rs. 11,82,236/- which was processed u/s 143(1) of the Income Tax Act, 1961

Declaration of intent under Merchandise Exports from India Scheme (MEIS) -reg.

December 8, 2015 1245 Views 0 comment Print

Subsequently representations have been received from exporters and trade & industry that such procedure should also be made applicable to exports made beyond 05.2015.

Interest Equalisation Scheme on Pre and Post Shipment Rupee Export Credit w.e.f. 1st April, 2015

December 8, 2015 1258 Views 0 comment Print

It is brought to the notice of Trade and Industry that the Interest Equalisation Scheme for Pre and Post Shipment Rupee Export Credit has been announced by the Government of India and notified vide RBI Circular No. DBR/Dir/BC. No. 62/04 02.001/2015-16 dated December 4 2015. The scheme is applicable w.e.f. 1st April, 2015. Details of the scheme are available on the website of RBI www.rbi.org.in.

GST Draft Law – 10 Things you must know

December 8, 2015 5109 Views 0 comment Print

Yesterday, few of the private tax web portals published the copy of the draft GST law. Though the authenticity of the same is yet to be vetted by the Government officials, meanwhile, in the following paras the author has tried to decipher the proposed GST law.

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