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Customs – Tariff Value of Brass, Poppy Seeds, Gold & Silver

September 14, 2012 795 Views 0 comment Print

Notification No. 81/2012-CUSTOMS (N. T.), Central Board of Excise & Customs, being satisfied that it is necessary and expedient so to do, hereby makes the following amendment in the notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 36/2001-Customs (N.T.), dated the 3rd August, 2001, published in the Gazette of India, Extraordinary, Part-II, Section-3, Sub-section (ii), vide number S. O. 748 (E), dated the 3rd August, 2001, namely:-

Regarding Change in Excise Duty rate on Petrol & Diesel

September 14, 2012 2805 Views 0 comment Print

Excise Duty on Petrol Reduced and Diesel Hiked- Effective rate of excise duty on Petrol has been reduced from Rs. 6.35 to Rs.1.20 and on Diesel, hiked from ‘nil’ to Rs. 1.46.

Service tax demand can be made only for the category in which SCN been issued

September 14, 2012 1402 Views 0 comment Print

Confirmation of demand under a category different than one proposed in the Show Cause Notice cannot be upheld. The Tribunal had, for the above proposition, relied up the earlier decision of the Tribunal in the case of Mahakoshal Beverages (P.) Ltd. v. CCE [2009] 18 STT 383 (Bang. – CESTAT).

Strong financial no ground to reject winding up petition filed against company defaulting in payments

September 14, 2012 2264 Views 0 comment Print

Even if a company which has good and solid financial foundation and also has capacity to pay, cannot avoid its obligation to pay and be allowed to neglect its financial obligations and when a company which is really financially sound and healthy does not make and neglects to make payment of the amount due and payable by it then the Court cannot fail in its duty to take note of such intentional neglect and Court cannot entertain and allow such stand or defence and, consequently, the court cannot deny the petitioner-creditor an order of winding up against the company which neglects, rather wilfully neglects, to discharge its financial obligation/debt.

No court can compel a statutory authority to act beyond statutory mandate

September 14, 2012 1239 Views 0 comment Print

It is an admitted fact on record that the appellant received the Order-in-Original on 30th December, 2009 and filed appeal before learned Commissioner (Appeals) on 2.1.2012. So also admittedly, there was a delay of more than two years in seeking appeal remedy before the learned first appellate authority.

MCA to introduce refund process for unlinked incorrect NEFT payments

September 14, 2012 696 Views 0 comment Print

MCA is pleased to announce that a refund process will be introduced by 16th September, 2012 for the unlinked incorrect NEFT payments. Revised refund e-Form along with instruction kit will be available on the MCA21 portal. Users are requested to avail this facility.

Rule 46A(3) – ITAT restores matter to AO for consideration of additional evidence filed before CIT(A)

September 14, 2012 2265 Views 0 comment Print

Ld. DR submitted that the case should be restored to the file of the Assessing Officer for compliance of Rule 46A(3) of the Rules and the AR contended that if we reach to the conclusion that the matter needs to be considered by the authorities

CBI arrests Superintendent of Customs in bribery case

September 14, 2012 1886 Views 0 comment Print

CBI registered a case against a Superintendent of Customs, Postal Appraising Section, Videsh Dak Bhavan, Ballard Estate, Mumbai U/s 7 of the Prevention of Corruption Act, 1988 for demanding a bribe of Rs.3000/- from the complainant for allegedly reducing the invoice value of product i.e Tablet PC (Wacom Cintiq brand) which was purchased by the complainant through online shopping site from foreign country.

Bad Debt is allowable irrespective of provision for bad and doubtful debts created by Bank -SC

September 14, 2012 3240 Views 0 comment Print

Deduction under section 36(1)(vii) is allowable independently and irrespective of provisions for bad and doubtful debts created by the assessee in relation to the advances of the rural branches, subject to the limitation that an amount should not be deducted twice under section 36(1)(vii) and 36(1)(viia ).

No Escape from service tax liability by sub-contracting of work

September 14, 2012 2863 Views 0 comment Print

We do not see any merit in the argument of the appellants that they were only an intermediary and not doing the work themselves and hence their activities did not amount to any service. Any service provided in relation to installation of electrical and electronic devices, including wirings or fittings, became taxable from 16-06-05.

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