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Archive: 10 December 2015

Posts in 10 December 2015

India- Korea sign MOU to suspend tax collection during pendency of MAP

December 10, 2015 780 Views 0 comment Print

A meeting was held on 9th December, 2015 between Indian and Korean delegations headed by Revenue Secretary and Commissioner, National Tax Service, Korea under the Memorandum of Understanding for Mutual Co-operation between the countries. During the meeting, a new Memorandum of Understanding (MoU) on suspension of collection of taxes during pendency of Mutual Agreement Procedure (MAP) was signed.

CAG Report on wrong Availment of Service Tax Exemptions

December 10, 2015 1941 Views 0 comment Print

Availment of Exemptions Under section 93 of Finance Act, 1994, the Government is empowered to exempt generally or subject to such conditions as may be specified in the notification, taxable service of any specified description from the whole or any part of the service tax leviable thereon. During the course of this performance audit we […]

CAG report on irregular Availment/Utilisation of Cenvat Credit

December 10, 2015 2278 Views 0 comment Print

Availment/Utilisation of Cenvat Credit A provider of taxable services can, in terms of rule 4 of the Cenvat Credit Rules, 2004 avail credit of excise duty paid on inputs and capital goods and service tax paid on any input service. The credit can be utilised towards payment of service tax subject to the fulfilment of […]

CAG report on non/short-payment of service Tax

December 10, 2015 764 Views 0 comment Print

Section 67 of the Finance Act, 1994, envisages that where the provision of service is for a consideration in money, value of taxable service shall be the gross amount charged for such service. During the course of this performance audit we observed 145 cases of non/short-payment of service tax of Rs.  44.74 crore. Out of […]

Detailed analysis of DVAT (Third Amendment) Bill, 2015

December 10, 2015 1318 Views 0 comment Print

CA Vinod Kaushik Introduction: This article has been written to give you clarity on the implication of DVAT (3rd Amendment) Bill, 2015 which was introduced in the Delhi Legislative Assembly on 04th day of December 2015 and after discussion on the floor of the house was passed on the same date. The implication of the […]

Levy of Interest on late payment of duty by providing it in subordinate regulations would be deemed as ultra vires if the same not provided by provisions of Act

December 10, 2015 2101 Views 0 comment Print

The Hon’ble Supreme Court in the case of Shree Bhagwati Steel Rolling Mills held that if the charging section of the Act do not provide for levy of interest on late payment of duty then the rules though made thereunder could not be enforced to levy and demand interest as such

Old provisions as per Negotiable Instrument Act, 1881 with amended provisions by Negotiable Instrument Amendment Act, 2015

December 10, 2015 3092 Views 0 comment Print

a cheque in the electronic form means a cheque drawn in electronic form by using any computer resource and signed in a secure system with digital signature (with or without biometrics signature) and asymmetric crypto system or with electronic signature, as the case may be

Clarification about eligibility of Indian Kabuli Chickpeas under FPS in FTP 2009-14

December 10, 2015 418 Views 0 comment Print

Clarification has been sought in respect of eligibility of benefit under Focus Product Scheme of FTP( 2009-1 4) to the Indian Kabuli Chickpeas under the item description, “EDIBLE VEGETABLES (EXCLUDING ONIONS) ALL ITEMS COVERED UNDER CHAPTER 07 (EXCEPT ONION COVERD UNDER CODES 0703 AND 0712)”. This item appeared at Sr. No. 248 of Appendix 37D, notified vide Public Notice No. 80(RE2010)/2009-14 dated 13.10.2011 and at Sr. No. 488 of FPS Table.

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