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DVAT – ‘European Commission’ shall be substituted by the new word ‘European Union’

March 5, 2013 1135 Views 0 comment Print

WHEREAS the Ministry of External Affairs, Government of India vide letter No. D-II/451/12(44)/2007 dated 16/01/2013 has informed to the Government of National Capital Territory of Delhi that name of delegation of the Commission of the European Communities (European Commission) has been changed to the Delegation of the European Union

S. 153C HC explains Meaning of the term ‘belong to’ in respect of Documents seized during search

March 5, 2013 3863 Views 0 comment Print

The petitioners required vacant possession of the land to be able to pass on the title and vacant possession. To be able to do so, the petitioners entered into agreements with the tenants. Such documents thus are documents which definitely belong to the petitioners. Simply because on subsequent date, the land was sold, may have a bearing on the title of such land, the same would not in any manner alter the nature of the document concerned.

Much awaited relief for Mutual Funds with clarification on taxation of Securitisation Trusts

March 4, 2013 5908 Views 0 comment Print

The Financial minister’s proposal to exempt Securitisation Trusts from taxation is likely to revive the interest of Mutual Funds in the Securitisation business, which was on a standstill recently due to the notices thrashed by the income tax authorities seeking to tax the Securitisation Trusts.

RGESS –Small change is worth Big Changes

March 4, 2013 2057 Views 0 comment Print

The RGESS that was launched in F.Y.2012-2013 and notified under section 80CCG has started its operations and there are few details related to tax benefits that an Individual will have to consider to grab the full benefit of this scheme. Here are some of them:

Rationalization of Abatement Regarding Construction w.e.f. 1st March, 2013

March 4, 2013 1769 Views 0 comment Print

Homes and flats with a carpet area of 2,000 sq.ft. or more or of a value of Rs. 1 crore or more are high-end constructions where the component of ‘service’ is greater. Hence, I propose to reduce the rate of abatement for this class of buildings from 75 percent to 70 percent. Existing exemptions from service tax for low cost housing and single residential units will continue

Taxing technology – a roadblock to development?

March 4, 2013 1270 Views 0 comment Print

An important amendment proposed in the Finance Bill, 2013 (Finance Bill) is the increase in tax rate for royalty and Fees for Technical Services (FTS) payable to non-residents to 25% (against the current tax rate of 10%) as one of the measures for additional resource mobilization. As indicated in the Finance Minister’s speech, the purpose […]

Service Tax – Sec. 73(2A) – Revenue To Follow ‘Something Is Better Than Nothing’

March 4, 2013 6217 Views 0 comment Print

Section 73 of the Finance Act, 1994 relates to the issue of show cause notice and confirmation of demand. Under existing provisions where the appellate authority finds that the demand is confirmable on merits, however, extended period is not invokable, then the entire demand raised in the show cause notice is quashed.

Service Tax on parking – Positive or Negative

March 4, 2013 18650 Views 0 comment Print

Even if you are taking an accident victim to hospital, you will have to pay service tax before getting him admitted to hospital. This statement has come true by virtue of the budget, 2013 as announced by hon’ble finance minister on 28.02.2013.

Service tax on Transportation of Food Stuff – Critical reasoning of Notification no. 03/2013 ST dated 01.03.2013

March 4, 2013 21425 Views 21 comments Print

In previous budget, service tax law was shifted to negative list regime. Mega exemption notification no. 25/2012 ST dated 20.6.2012 was issued to prescribe the list of exempted services. In the current year budget, nominal changes have been done in this list. One such change has been done in the serial no. 21 of this notification which exempts certain services provided by a Goods transport agency. This article has tried to look into the implications of this amendment.

Service Tax on Restaurant: A Small Amendment Makes a Broader Scope of Service Tax

March 4, 2013 3887 Views 0 comment Print

Under negative list regime, the service tax was introduced on restaurants, eating joints and mess which have licence to serve the liquor and facility of central heating or Air conditioning at any time during the previous year. However, this budget has removed the condition regarding the licence to serve the liquor.

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