Whether issue of notice u/s 148 for reopening of assessment u/s 147 on the reason that assessee company is involved in accommodation entry in valid?
The Assessing Officer had specifically raised a query with regard to the supplies made in the domestic tariff area and the petitioner / assessee had given a detailed reply to the same. The Assessing Officer, after considering the reply furnished by the assessee, framed the assessment order
MCA has kept entire corporate on hold. New companies are not incorporating and existing companies can’t file their returns due. On 17 January 2013, MCA changed its drivers of site. Earlier TCS use to manage MCA21, not batten has been passed to Infosys. The site is under transitional stage and hence some problems are bound to occur.
RBI has suggested that banks should charge for cash withdrawal and deposit through cheques while the government agencies should do away with convenience charges for online payment of utility bills.
Fresh hawala dealer list has been realeased by VAT Department in Maharashtra. New 148 dealer has been added to the list. Following three dealer has been removed from the previous list: 27890606500V KRISH CORPORATION
Introduction of New Syllabus for the Executive and Professional Programmes of the Company Secretaryship Course The Council of the Institute of Company Secretaries of India in exercise of the powers vested under clause (a) of sub-section (2) of Section 15 of the Company Secretaries Act, 1980, as amended by the Company Secretaries (Amendment) Act, 2006 […]
In the opinion of this court, having regard to the provisions of section 78 of the Act and more particularly the first and the fifth proviso thereto as referred to hereinabove, the Tribunal was not justified in directing the petitioner to deposit the entire amount of penalties in addition to the service tax and interest. In the light of the above provisions, this court is of the view that impugned order dated 10th January, 2012 passed by the Tribunal deserves to be modified to the extent the petitioner has been directed to deposit the entire amount of the penalties under sections 76 and 78 of the Act.
Section 65(105)(j) makes services rendered to a client by a C & F Agent in relation to clearing and forwarding agent in any manner a taxable service. Term ‘Clearing and Forwarding Agent’ is defined under section 65(25) to mean any person who is engaged in providing any service either directly or indirectly connected with clearing and forwarding operation in any manner to any other person and includes a consignment agent. Thus, though the definition of Clearing and Forwarding Agent is quite wide, essentially what is a taxable service is a service rendered by a Clearing and Forwarding Agent to a client in relation to clearing and forwarding operation.
On a plain reading of Clause (33) of Section 65 of the Act, it is apparent that the same envisages actual transportation of time-sensitive documents, goods or articles by a person, who utilises the services of a person, either directly or indirectly, to carry or accompany such documents, goods or articles. In the facts of the present case, the assessees are handed over cash in the form of Indian currency at the recipient branch, which issues instructions to the delivery branch, which, in turn, makes payment from the corpus available with it.
The Hon’ble Apex Court while dismissing the Civil Appeal No.2791 of 2005 preferred by the department vide judgment and order dated 21.7.2010, upheld the findings recorded by the Tribunal that reversal of 8% under 57 CC is not applicable as ‘Bagassee’ is not a final product, but it is a waste. It is worthwhile to mention here that in the judgment dated 22.11.2004 of Tribunal, it was specifically referred in para 2 that the appeal filed by the Commissioner, Central Excise in the case of CCE v. Kicha Sugar Co. Ltd. was dismissed by Hon’ble Supreme Court on 20.2.2004.
