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Archive: December, 2015

Posts in December, 2015

ICAI announces fresh dates for voting in flood affected Chennai Region

December 8, 2015 644 Views 0 comment Print

In exercise of powers conferred on me under sub-rule (3) of rule 4 of the Chartered Accountants (Election to the Council) Rules, 2006, it is hereby notified for general information of the candidates for election to the Council from Southern India Regional Constituency and Southern India Regional Council and the affected voters that 18th and 19th December, 2015 have been appointed as the fresh dates for polling for Polling Booths No. S022 to S034 at Chennai and 19th December, 2015 for all other polling booths mentioned in the aforesaid table.

Anti-dumping duty on Gliclazide, originating in, or exported from China

December 8, 2015 1625 Views 0 comment Print

Notification No. 59/2015-Customs (ADD) Seeks to levy definitive anti-dumping duty on Gliclazide, originating in, or exported from the Peoples Republic of China for a period of five year

Binding Nature of Board Circulars-Confusion Settled or Created?

December 8, 2015 10593 Views 0 comment Print

The binding nature of the Circulars issued by Board is the issue that has been a matter of litigation since inception. There have been a number of decisions on this matter, that too, of Supreme Courts which have added fuel to the fire of litigation. There has been a constant fight between assessees and revenue department regarding the applicability and precedential value of the circulars issued by the Board.

Process and Checklist For Secretarial Audit

December 8, 2015 122403 Views 1 comment Print

Secretarial Audit a Governance measure that will have a positive effect on corporate entity. It is Compliance Audit system that used to carrying out auditing of compliances along with all Rules and Regulation made there under. It is a process to check compliances made by the Company under various Law, Rules, Regulation, and Procedure.

No Service tax leviable on handling charges incurred for bringing goods, when it was included in value of goods liable to VAT

December 8, 2015 4664 Views 0 comment Print

The Hon’ble CESTAT, Mumbai, relying upon the decision in the case of Ketan Motors Ltd. Vs. CC, CE & ST [Final Order No. A/321/2013-WZB/C-1 (CSTB), dated 18-2-2013], held that Section 67 of the Finance Act mandate levy of Service tax on a value or consideration received for rendering the services.

Cenvat credit cannot denied to service recipient for non-payment of Service tax by service provider

December 8, 2015 1216 Views 0 comment Print

The Hon’ble CESTAT, Ahmedabad, held that a service recipient can only see the Cenvatable document under which Service tax paid/ payable has been indicated. However, it is not the case of the revenue that the service provider does not exist.

Simultaneous availment of SSI exemption & Cenvat on inputs used in goods cleared on payment of duty permissible

December 8, 2015 1267 Views 0 comment Print

CCE Vs. Shrushthi Plastics (P) Ltd. – CESTAT, Chennai, applied the ratio of the Apex court decision in case of Nebulae Health Care Ltd. Vs. CC Chennai [2006-TIOL-1380-CESTAT-MAD], which squarely applies to the instant case

No need to affix MRP on goods declared to be 'not meant for retail sale' thus Excise duty payable on transaction value

December 8, 2015 1192 Views 0 comment Print

CCE Vs. Control & Switchgears Contactors Ltd. – Supreme Court affirmed the decision of the Tribunal, wherein it was held that while the Respondent had declared that goods were not meant for retail sale, revenue could not produce any evidence to contrary and hence, duty was rightly paid as per Section 4 of the Excise Act.

Refund claim cannot be denied when excess duty has been returned through debit/credit Notes

December 8, 2015 1048 Views 0 comment Print

Shree Krishna Nylon Pvt. Ltd. Vs. Commissioner of Central Excise (CESTAT MUMBAI] Refund claim cannot be denied when excess duty has been returned through debit/credit Notes, and, the said amount is accounted as ‘receivable’ in the Balance Sheet – sufficient evidence that incidence of duty has not been passed on.

Cenvat credit on input services availed prior to initiation of manufacturing activity is admissible

December 8, 2015 1620 Views 0 comment Print

Shree Cement Ltd. Vs. Commissioner of Central Excise – CESTAT, New Delhi, held that a plain reading of Rule 3 and Rule 7 of the Credit Rules clarifies that there would be no restriction if assessee avails Cenvat credit on procurement of inputs/input services prior to start of manufacture.

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