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Prosecution Guidelines in case of Excise duty / Service Tax Evasion

October 23, 2015 15448 Views 1 comment Print

Circular No. 1009/16/2015-CX Whoever commits any of the offences specified under sub-section (1) of Section 9 of the Central Excise Act, 1944 or sub-section (1) of section 89 of the Finance Act, 1994, can be prosecuted.

CBEC to Chief Commissioner- Asign cases for adjudication on monthly basis

October 23, 2015 1679 Views 0 comment Print

Chief Commissioners should assign the cases of adjudication on a monthly basis in his jurisdiction to the officers in personam and ensure that the officer to whom the case has been assigned disposes of the said case. In the event of his transfer out of that jurisdiction he should not be relieved till he has disposed of the said cases.

Reg. Mandatory Filing of customs documents under digital signature from 01.01.2016

October 23, 2015 655 Views 0 comment Print

Circular No. 26/2015- Customs CBEC has decided that all importers, exporters using services of Customs Brokers for formalities under Customs Act, 1962, shipping lines and air lines shall file customs documents under digital signature certificates mandatorily with effect from 01.01.2016. The importers/ exporters desirous of filing Bill of Entry or Shipping Bill individually may however have the option of filing declarations/ documents without using digital signature. Further, wherever the customs process documents are digitally signed, the Customs will not insist on the user to physically sign the said documents.

Education Society can claim depreciation in respect of assets, cost of which is claimed by them as application

October 23, 2015 14149 Views 0 comment Print

M/s. Kamineni Educational Society vs. Joint DIT (Exemptions)-Issue- The common issue involved in these appeals is about the disallowance of depreciation claimed by assessee in respective assessment years on the reason that the cost of assets had been claimed as application of income by assessee

Secretarial Standard on General Meetings – SS2

October 23, 2015 11272 Views 0 comment Print

CS S. Dhanapal Section 118 of the Companies Act, 2013 which contains provisions relating to minutes of Board, General and other meetings and resolutions passed by postal ballot, contains in sub-section 10 that ‘Every company shall observe secretarial standards with respect to general and Board meetings specified by the Institute of Company Secretaries of India […]

Stamp Duty on Shares issued under Indian Stamp Act in Demat Form

October 22, 2015 44099 Views 1 comment Print

Whether shares/securities issued by company or an issuer in demat form are chargeable to stamp duty under Indian Stamp Act? If yes then on what value it will be charged or how consideration would be calculated for the purpose of levy of stamp duty?

Reassessment u/s 150(1) due to an appeal not permissible if it’s already time barred

October 22, 2015 646 Views 0 comment Print

ITAT Lucknow held In the case of DCIT vs. M/s Scooters India Ltd. that as per the provisions of section 150(2), the provisions of sub section (1) of section 150 are not applicable if it is found that at the time when the order of CIT (A) was passed

Principle of consistency applies if facts and circumstances are same

October 22, 2015 10694 Views 0 comment Print

In the matter of transfer pricing adjustment, no reasons have been given by the present TPO to reject the method of Cost Plus basis adopted by the assessee and accepted by the Department in earlier year(s).

Place of Delivery could not be termed as Place of Removal: SC

October 22, 2015 7255 Views 0 comment Print

In the present case the Hon’ble Supreme Court held that the place of delivery could not be termed as place of removal for the relevant time mentioned in the show cause notices with respect to section 4 of Excise Act and Rule 5 of Excise Valuation Rules.

No Codonation of delay in absence of Sufficient Cause: HC

October 22, 2015 834 Views 0 comment Print

On going through the aforesaid reason, it is clear that the appellant has filed the application in a most casual manner, without justifying the reason for condonation of such a huge delay. In the circumstances, in the absence of any sufficient cause to explain the delay of 227 days

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