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Archive: December, 2015

Posts in December, 2015

CBDT enhances monetary appeal filing limit retrospectively

December 10, 2015 14744 Views 1 comment Print

Circular No. 21/2015 Henceforth, appeals/ SLPs shall not be filed in cases where the tax effect does not exceed the monetary limits given hereunder: Before Appellate Tribunal- Rs. 10,00,000/-, Before High Court- Rs. 20,00,000/-, Before Supreme Court- Rs. 25,00,000/-.

Expression allowed to be sold cannot be interpreted as the compulsory condition that goods must be actually sold

December 10, 2015 763 Views 0 comment Print

The Hon’ble Supreme Court in the case of Nestle India Ltd. held that partial exemption available under exemption notifications does not require assessee to clear the goods by way of sale only because in the notification expression “allowed to be sold”

Place of Supply of Services under GST Regime

December 10, 2015 8795 Views 3 comments Print

In the present scenario service tax is levied on service which is governed by Chapter V of Finance Act, 1994. It states that Service tax is consumption based tax and for the purpose of determining the place where service has been consumed Place of Provision of Service Rules, 2012 are to be referred.

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

December 10, 2015 1155 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 2382 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 2506 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 1010 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 1570 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 2350 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 3518 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

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