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Public Notice No. 115 (RE-2008)/2004-2009, Dated: 15.12.2008

December 15, 2008 460 Views 0 comment Print

In exercise of powers conferred under Paragraph 2.4 of the Foreign Trade Policy 2004-09, the Director General of Foreign Trade hereby makes the following amendments in Handbook of Procedures.

Amends notification No. 36/2001-Customs Duty (N.T.), dated, 3rd August 2001,

December 15, 2008 460 Views 0 comment Print

In exercise of the powers conferred by sub-section (2) of section 14 of the Customs Act, 1962 (52 of 1962), the Board, being satisfied that it is necessary and expedient so to do, hereby makes the following further amendment in the notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 36/2001-Cus (N.T.), dated, the 3rd August 2001, namely.

Anti dumping duty on imports of certain rubber chemicals

December 12, 2008 1048 Views 0 comment Print

For the purposes of this notification “rate of exchange” applicable for the purposes of calculation of such anti-dumping duty shall be the rate which is specified in the notification of the Government of India, in the Ministry of Finance (Department of Revenue), issued from time to time, in exercise of the powers conferred by section 14 of the Customs Act, 1962 (52 of 1962), and the relevant date for the determination of the rate of exchange shall be the date of presentation of the bill of entry under section 46 of the said Customs Act.

Exempts 10% ethanol blended petrol from duty of excise

December 12, 2008 796 Views 0 comment Print

In exercise of the powers conferred by sub-section (1) of section 5A of the Central Excise Act, 1944 (1 of 1944), read with sub-section (3) of section 111 of the Finance (No 2) Act, 1998 ( 21 of 1998) the Central Government, being satisfied that it is necessary in the public interest so to do, hereby exempts 10% ethanol blended petrol that is a blend.

If Assessee has merely taken cenvat credit and not utilized or taken any advantage of such credit, payment of interest is not sustainable

December 12, 2008 2711 Views 0 comment Print

Lafarge India Pvt. Ltd. V. CCE (CESTAT Delhi) – Merely credit was taken by the assessee and not utilized and not taken any advantage of such credit, payment of interest is not sustainable. There is no allegation that the appellant utilized or taken any advantage of the credit and therefore recovery of interest is set aside.

Payment for non-compete right is not an intangible asset eligible for depreciation

December 12, 2008 1194 Views 0 comment Print

Srivatsan Surveyors Pvt. Ltd. (‘Appellant’) is engaged in the business of licensed surveyors and loss assessors under the Insurance Act, 1938. The Appellant entered into a non-compete covenant with its director, Mr. Srivatsan and paid a sum of Rs.10 million, on which depreciation was claimed, treating it as an intangible asset. As per the covenant, Mr. Srivatsan agreed not to carry on his individual business of general insurance survey, loss assessment, valuation of assets, etc. for a period of seven years and also to abstain from other activities which might jeopardize the business interests of the Appellant in any manner.

Allowability of depreciation on non-compete fee u/s. 32 of the Income Tax Act, 1961

December 12, 2008 642 Views 0 comment Print

We have heard the rival submissions in the light of the material placed before us and the precedents relied upon. The assessee company was carrying on the business as licensed surveyors and loss assessors under the Insurance Act, 1938. During the relevant year the assessee did claim depreciation amounting to Rs. 12,50,000/- in relation to payment of non compete fee arising out of a restrictive covenants

SEBI : Review of Provisions relating to Close Ended Schemes

December 11, 2008 625 Views 0 comment Print

. NAV shall be computed and published on daily basis.It has also been decided that a close ended debt scheme shall invest only in such securities which mature on or before the date of the maturity of the scheme.

Circular No. 106/9/2008-ST dated the 11th December, 08

December 11, 2008 1083 Views 0 comment Print

Notification No. 41/2007-ST, dated 6/10/2007 allows refund of service tax paid on specified services used for export of goods. The Board has from time to time examined the procedural difficulties arising in implementation of this refund scheme.

CIT cannot disarray The AAR. An Attempt to belittle the role of this authority in the statutory scheme of adjudication cannot be countenanced

December 11, 2008 699 Views 0 comment Print

Burmah Castrol vs. DIT Mumbai The applicant, Burmah Castrol Plc. is a non-resident company incorporated under the laws of England and Wales. The applicant submits that during the financial year 2001-02, as per the directive of SEBI, it acquired 12,77,292 equity shares of Foseco India Limited (hereinafter referred to as “FIL”), an Indian company, for an acquisition price of Rs. 221.86 per share and also as per those directives paid a further amount of Rs.49.1429per share for the delay in making the Open Offer.

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