RKLEGAL's Posts - Page 4

Budget 2012 – New Paradigm in Service Tax

In 2012 budget, there has been a paradigm shift in the Service Tax Laws. The shift is affecting all businesses- whether they are in manufacturing, service providing, NGOs, Trading or even Government departments. Even individuals are not immune from payment of service tax if their revenue is above the exemption limit- i.e. 10 lakhs. Thus i...

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Posted Under: Service Tax |

Budget Changes- 2012 in brief By Advocate Rajesh Kumar

It was a realist budget in the difficult economic and political environment. Effort was made towards fiscal consolidation, infrastructure development, revival of manufacturing sector, easing of credit facilities, direct transfer of subsidy etc. Major Tax proposals are as follows:...

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Posted Under: Service Tax |

Budget 2011-12- Significant proposals related to Direct and Indirect Taxes

Hon’ble Finance Minister presented budget for FY 2011-12. Significant proposal are as follows; General: GDP is expected to grow in the region of 8.75% to 9.25%. The Minister spoken about fiscal consolidation and put up a target of 4.6% fiscal deficit. Government is also mooting liberalizing the FDI policy in the country, however no det...

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Posted Under: Service Tax |

Service Tax on Membership Subscription on “Club of Association Service”

With effect from 16.06.2005, Service Tax was levied on Club or Association Services. Club or Association was defined under Section 65(25a) as, Club or Association means any person or body of persons providing services, facilities or advantages, for a subscription or any amount to its members. The purpose of this paper to examine as to whe...

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Posted Under: Service Tax |

Confiscation of goods cleared for home consumption

To Confiscate means to appropriate private property to public treasury. Thus after confiscation the goods becomes a property of the government and the government candeal with it as it wants. Through option of redemption fine, government offers to some person to take ownership of the goods. Redemption fine is not a penalty and it has no pe...

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Posted Under: Service Tax |

Mens Rea in Taxation Offences

“Mens Rea” literally means a guilty mind. It is a cardinal principle of English Common Law is that a persons cannot be convicted and punished in a proceeding of a criminal nature unless it can shown that he had a guilty mind. The principle is self explanatory. A person should be punished for deliberate defiance of law, rather than som...

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Posted Under: Service Tax |

Branded Goods & SSI Exemption

Under Central Excise law a Small Scale Industries (SSI) have been given some benefits in duty payments. However these benefits are not available when the SSI unit is manufacturing goods bearing Brand name or Trade name of another person. It has always been a question of great disputes as to what is the meaning of the Brand name or trade n...

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Posted Under: Service Tax |

Service tax on foreign commission agent

The foreign agents provide service to the exporters. However the services are provided outside India. They meet the prospective buyer outside India, they promote the products of the exporter outside India. For Service Tax to be leviable and payable, the services must be provided “in India”, except in the state of Jammu & Kashmir. ...

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Posted Under: Service Tax |

Recovery of Cenvat Credit If the process does not amount to manufacture

It may be noted that rod/bar and wire falls under different heading of CETA. It means that the legislature have treated these two products as two distinct and different products. When the legislative intent of the Parliament is clear about treating these two products differently, it cannot be said that they are same products. The above ...

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Posted Under: Service Tax |

Rajesh Kumar Sharma V. UOI [2007 (209) ELT 3 (SC)] (Miscarriage of justice)

The petitioner was being prosecuted for an offence under Customs Act for the last 12 years. The value of the offending goods was Rs. Eight lakhs (approx). 20% of the value of goods comes out to be approx 1.6 lakhs. The compounding authority comes to the conclusion that out of 1.6 lakhs and 10 lakhs, 10 lakhs is higher and hence imposed a ...

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Posted Under: Service Tax |

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