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Imposition of penalty under Section 76 is for failure to pay the service tax by the person liable to pay the same

October 19, 2010 1886 Views 0 comment Print

Notwithstanding anything contained in the provisions of Section 76, 77 or 78, no penalty shall be imposable on the assessee for any failure referred to in the said provisions, if the assessee proves that there was reasonable cause for the said failure.” In other words, the assessee has to establish reasonable cause for the failure which could otherwise attract penalty under the said provisions of law. The letter dated 24th August, 2006 merely informs the Department that the appellants were not aware of the statutory provisions.

CBDT notifies Annuity Plans of TATA and ICICI U/s. 80C(2)(xii)

October 19, 2010 1141 Views 0 comment Print

Notification No. 80/2010-Income Tax In exercise of powers conferred by clause (xii) of sub-section (2) of section 80C of the Income-tax Act, 1961 (43 of 1961), the Central Government hereby specifies the Tata AIG Easy Retire Annuity Plan of the Tata AIG Life Insurance Company Limited, as approved by Insurance Regulatory and Development Authority vide its letter dated 23rd November, 2007, as the annuity plan of the ICICI

Customs Notification No 110/2010 amends Notification No. 15/2007-CUSTOMS dated the 20th February, 2007

October 19, 2010 472 Views 0 comment Print

G.S.R. (E). -In exercise of the powers conferred by sub-section (1) read with sub-section (5) of section 9A of the Customs Tariff Act, 1975 (51 of 1975) and rules 18 and 20 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, and on the basis of findings of the designated authority vide notification No. 14/03/2005-DGAD, dated 20th August,2010 published in the Gazette of India, Extraordinary, Part I, Section I, dated 23rd August,2010, the Central Government, hereby makes the following further amendment in the notification of the Government of India in the Ministry of Finance (Department of Revenue), No.

StCBs/DCCBs – Collection of third party account payee cheques – Prohibition on crediting proceeds to third party accounts

October 19, 2010 472 Views 0 comment Print

The collecting banks should, however, be aware that in the event of a claim by the true owner of the cheque, the rights of the true owner of the cheque are not in any manner affected by this circular and banks will have to establish that they acted in good faith and without negligence while collecting the cheque in question.

Collection of third party account payee cheques – Prohibition on crediting proceeds to third party accounts – RBI circular No. RPCD.CO RRB.BC.No. 25 /03.05.33/2010-11

October 19, 2010 697 Views 0 comment Print

Please refer to our circular RPCD.CO.RRB.BC.No.19/03.05.33/2009-10 dated September 11, 2010 on the captioned subject, in which it has been stated that the practice of collection of cheques crossed ‘account payee’ through third party accounts (of co-operative credit societies) is not permissible. However, to facilitate collection of cheques from a payment system angle, it has been clarified therein that sub-members of the clearing houses may collect the cheques of their customers for the credit to their accounts through the sponsor member, under certain circumstances referred to therein.

“SARFAESI” PROCEEDINGS – THE JURISDICTION OF HIGH COURT?

October 18, 2010 975 Views 0 comment Print

Despite the effort made by the legislature to keep the recovery of debts by the Bank very simple and clear when the debt is secured, there exist few complications in law dealing with the recovery of secured debt under SARFAESI Act, 2002. The constitutional validity of the provisions of the SARFAESI Act were challenged before the Constitutional Courts and the courts have made it very clear that SARFAESI Act, 2002 is constitutionally valid though certain provisions required a re-look. Initially, when the act came to force, many writ petitions were filed challenging the action initiated by the Bank under the provisions of SARFAESI Act, 2002

I -T dept collects CWG works related documents

October 18, 2010 426 Views 0 comment Print

The Income Tax department has collected documents pertaining to tenders and award of contracts for its “two pronged” probe into the finances of the Commonwealth Games even as a high-level committee headed by a former CAG goes into allegations of corr

Companies deducts TDS but not pay on time

October 18, 2010 819 Views 0 comment Print

The survey was carried out to verify whether tax was deducted under the provisions of tax deducted at source (TDS). While examining documents, the department found out that in several cases, companies have defaulted in transferring TDS to the I-T dep

Bhutan lottery- HC orders Kerala to collect tax from Megha Distributors

October 18, 2010 738 Views 0 comment Print

In a blow to the state government, the Kerala High court today directed tax authorities to receive advance tax from Megha Distributors treating them as promoters of Bhutan lottery in the state.A division bench, comprising justices Thothathil B Radhak

Vodafone not agent of Hutchison- Files petition in HC

October 18, 2010 429 Views 0 comment Print

Vodafone said on Friday it has filed a petition in Bombay High Court defending itself against a new step by tax authorities treating the telco as an ‘agent’ of the seller in its $ 11-billion (about Rs 50,000 crore) takeover of Hutchison Telecom in 20

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