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Archive: 15 February 2016

Posts in 15 February 2016

Pay ST demand in 30 days of order to get reduced penalty benefit

February 15, 2016 1321 Views 0 comment Print

In the case of Commissioner of Central Excise, Aurangabad Vs. Chandan Milk & Agro Products Pvt. LTD, it was held that the benefit of payment of penalty of 25% of tax liability cannot be extended if the assessee has not paid the amount of tax, interest and 25% of the penalty within 30 days from the receipt of the order.

Cenvat Credit utilisation to pay GTA service Tax prior to 01/03/2008

February 15, 2016 2509 Views 0 comment Print

In the case of M/s. Surya Pharmaceuticals Ltd. Vs. Commissioner of Central Excise, it was held that the assessee can utilize accumulated Cenvat Credit to discharge the service tax liability towards GTA services prior to 01.03.2008. It was further held that the CENVAT credit cannot be utilised for discharging Service Tax on taxable services provided from outside India and received in India.

Service Tax Chargeable only on IPR Covered under Indian law

February 15, 2016 2138 Views 0 comment Print

In the case of M/s Whirlpool of India Ltd. Vs. CCE & ST, New Delhi, it was held that the onus to prove that the assessee was providing any exempted services is on department before invoking Rule 6 and further it was held that only such intellectual property rights which are covered under Indian law in force alone are chargeable to service tax under IPR service.

Renting infra for ad display is not advertising agency service

February 15, 2016 603 Views 0 comment Print

In the case of Namrata Advertising Vs. Commissioner of Central Excise, Nasik, it was held that creating infrastructure, displaying the advertisement and collecting rent for such display will not fall under the activity of advertising agency.

No. of contracts for service completion not changes service nature

February 15, 2016 648 Views 0 comment Print

In the case of M/s SEPCO Electric Power Construction Corporation Vs. CCE, Raipur, it was held that merely because it had entered into four contracts for completing the scope of work would not take away from the fact that it was an operation of erection

Clarification of the term 'initial assessment year' U/s. 80IA(5)

February 15, 2016 2201 Views 0 comment Print

Circular No. 1/2016 Section 801A of the Income-tax Act, 1961 (`Act’), as substituted by the Finance Act, 1999 with effect from 01.04.2000, provides for deduction of an amount equal to 100 % of the profits and gains derived by an undertaking or enterprise from an eligible business (as referred to in sub-section (4) of that section) in accordance with the prescribed provisions.

Review of Offer for Sale of Shares through Stock Exchange Mechanism

February 15, 2016 538 Views 0 comment Print

On the commencement of OFS on T day only non-retail investors shall be permitted to place their bids. Cut off price shall be determined based on the bids received on T day as per the extant guidelines.

SEBI : Circular on Mutual Funds

February 15, 2016 478 Views 0 comment Print

In order to provide investors with enhanced diversification benefits and put mutual funds in a better position to handle adverse credit events, it has been decided to revise prudential limits for sectoral exposure and to introduce prudential limits for group level exposure.

Securities premium is not accumulated profits u/s 2(22)(e): ITAT

February 15, 2016 7533 Views 0 comment Print

ITAT Bangalore held in the case M/s Jeans Knit Pvt. Ltd. vs. ACIT that it is clear that the balance in the reserve and surplus is only on account of security premium amount after reducing the loss incurred by the assessee for the earlier year as well as during the year under consideration.

S. 263 Valid if AO fails to enquire business exigency of donations

February 15, 2016 431 Views 0 comment Print

ITAT Pune held in the case Shri M.D. Wadhokar vs. CIT that it is an admitted fact that neither any details of donations were called for by the AO nor the assessee has given the breakup of such details during the course of assessment proceedings.

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