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Archive: March, 2016

Posts in March, 2016

ITAT bound to follow binding decisions of jurisdictional high court

March 15, 2016 6007 Views 0 comment Print

Bombay High Court held that it is not open for the tribunal to disregard the binding decision of jurisdictional high court. Once there is a binding decision of jurisdictional high Court, the same continues to be binding on all authorities within the State till such time as it stayed and / or set aside by the Apex Court or this very Court takes a different view on an identical factual matrix or larger bench of this Court takes a view different from one already taken.

Implementation of Transfer Pricing Provisions- Recent Changes

March 15, 2016 4906 Views 0 comment Print

The transfer pricing (TP) provision has come in to place in India fifteen years ago wef AY 2002-03. Since then a number of changes and amendments has been made in the provisions of the TP. It has been a matter of discussion since beginning that when a case should be referred by the AO to the TPO and what the liabilities of the TPO & AO after such reference. The uniformity of procedure of Transfer Pricing is itself a big challenge.

Issues Relating To Declaration Forms Under CST Act

March 15, 2016 10687 Views 1 comment Print

Where goods are delivered to a carrier or other bailee for transmission, the movement of the goods shall, for the purposes of clause (b), be deemed to commence at the time of such delivery and terminate at the time when delivery is taken from such carrier or bailee.

National Coal Wage Agreement (NCWA) has a force of law; terms of NCWA should be fair and reasonable and should not be opposed to law

March 15, 2016 11736 Views 0 comment Print

The brilliant question of law that has cropped up for consideration in this petition is whether exclusion of married daughter of the deceased SECL servant for being considered for dependent employment under the terms of National Coal Wage Agreement -VI (henceforth ‘NCWA-VI”) read with National Coal Wage Agreement-IX (henceforth ‘NCWA-IX”) is just, fair and reasonable ?

Sebi allows FPIs to invest in REITs, InvIts, AIFs & Corporate Bonds

March 15, 2016 1477 Views 0 comment Print

FPIs shall be permitted to acquire NCDs/bonds, which are under default, either fully or partly, in the repayment of principal on maturity or principal installment in the case of an amortising bond. FPIs shall be guided by RBI’s definition of an amortising bond in this regard.

Issues relating to input tax credit under MVAT Act

March 15, 2016 66334 Views 4 comments Print

SECTION 48 ¢ General Conditions for claim and grant of set-off: — Purchase to be effected from Registered Dealer. — Purchase should be after appointed day. — On Tax Invoice (as per Sec 86) — Tax invoice should contain the declaration as prescribed under Rule 77. — Signed by selling dealer or his authorized representative. — Tax to be paid into the Govt treasury by supplier of goods, unless such supplier is a deferral unit under PSI.

Trusts beware of Damocles’ Sword In the hands of Tax Authorities

March 15, 2016 3424 Views 0 comment Print

The Finance Bill 2016 proposed by the Parliament has introduced a new Chapter XII EB to impose tax on the accreted income of charitable institutions that would convert into or merge with non-charitable entities. The Bill also provides under Clause 60 of its Memorandum to the Provisions an explanation to the sections introduced via the above Chapter.

Delhi VAT: Rate of tax on sale of LAN Cable

March 15, 2016 4075 Views 0 comment Print

Whether LAN Cables falls under and/or are covered by entries 41 & 41A of DVAT Act,2004 (ii) What will be the rate of tax chargeable on the sale of item LAN Cable

Trademark Registration fees lowered- No. of form reduced

March 15, 2016 3556 Views 0 comment Print

Press Information Bureau Government of India Ministry of Commerce & Industry 14-March-2016 17:28 IST Trademark Registration The government has proposed to introduce new rules for Trademark Registration. The existing Trade Marks Rules 2002 are proposed to be replaced by the Trade Marks (Amendment) Rules, 2015. The proposed Trade Marks (Amendment) Rules, 2015 have already been […]

Integrated Declaration under Indian Customs Single Window

March 15, 2016 4756 Views 0 comment Print

CBEC has taken-up the task of implementing ‘Indian Customs Single Window Project’ to facilitate trade. This project envisages that the importers and exporters would electronically lodge their Customs clearance documents at a single point only with the Customs.

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