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Archive: December, 2015

Posts in December, 2015

Provisions of interest on belated refund U/s. 27A of Customs Act also applies on belated refund of SAD

December 8, 2015 1344 Views 0 comment Print

Principal Commissioner of Custom Vs. Riso India (P.) Ltd. (Delhi High Court) Duty’ as defined in Section 2(15) of the Customs Act, is wide enough to cover all kinds of duty, including SAD. Hence, as per Section 3(8) of Customs Tariff Act

Assessable value would be transaction value where it isn’t influenced by relationship between buyer and seller

December 8, 2015 1545 Views 0 comment Print

Dailmer Chrysler India Pvt. Ltd. Vs. Commissioner of Customs (CESTAT MUMBAI] When import of identical cars have been made at lower values which are comparable to the value declared at the time of filing Bill of Entry for sale of the cars imported under Carnet

If purchase price fixed in first contract subsequently gets revised prior to importation of goods, then Customs duty would be payable on revised price

December 8, 2015 712 Views 0 comment Print

Gupta Steel Vs. Commissioner of Customs, Jamnagar – Supreme Court held that price was genuinely revised & gets reduced by amending the MOA and there was nothing wrong on the part of the Appellant to declare the price in the BOE.

Purchasing dealer need not reverse tax credit unless selling dealer issues credit note for post sales discount and revises his tax liability

December 8, 2015 787 Views 0 comment Print

Challenger Computers Ltd. Vs. Commissioner of Trade & Taxes (Delhi High Court) In terms of the Section 51(a) of the DVAT Act, the selling dealer will issue the credit note to the buying dealer where the sales are subsequently reduced.

Contract for Supplying Smart card with embedded requisite information is contact for labour and service and not for sale

December 8, 2015 1923 Views 0 comment Print

Zylog Systems (P) Ltd. Vs. Additional Commissioner of Commercial Taxes- Where the smart cards are prepared in terms of an agreement with the customer by embedding requisite information, which couldn’t be sold in open market

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

December 8, 2015 41623 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 2734 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 3647 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 9795 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 33132 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.

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