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Interest is leviable on credit availed even if not utilised

April 19, 2017 9891 Views 0 comment Print

Honble Supreme Court and jurisdictional High Courts gave the rulings that reversal of Cenvat credit will amount to not taking Cenvat credit and accordingly benefit of relevant exemption notifications was held to be available to such assessees who reverse Cenvat credit earlier taken.

Levy of Bihar Entry Tax Act & Interest on Late Payment of Entry Tax is constitutional: HC

April 19, 2017 6705 Views 0 comment Print

(i) Whether the second proviso to Section 3(2) of the Entry Tax Act is ultra vires to the Constitution? (ii) Whether interest can be levied in the matter of late payment of entry tax under the Entry Tax Act, by virtue of the provisions of the Bihar Finance Act, and, with the aid of Section 8 of the Entry Tax Act?

Ceremonial Gifting of ‘Sword’ to A Dignitary in Gurudwara is not an offence

April 18, 2017 2115 Views 0 comment Print

Carrying of sharp edged weapons with a blade more than 6 inches long or 2 inches wide and spring actuated knives with a blade of any size is prohibited and that too carrying of such blades in public places. Gurudwara, though is open to public, is not a public place, it is a private place where there is Prakash of Gurugranth Sahib.

Revised Form No. 3CD Tax Audit Report as applicable from 01.04.2017

April 16, 2017 92343 Views 1 comment Print

Nowadays on Social Media a Revised Format of Form 3D is circulating which is applicable from 01.04.2017 and few raised the query that when the same was released as there is no recent notification on the same. In this respect we would like to brought to your notice that the from 3D  as applicable from […]

CBEC issues two Service Tax notification with same number

April 14, 2017 27315 Views 4 comments Print

We found two Notification on CBEC website of Same Number i.e. Notification No. Notification No. 13/2017-Service Tax. Both are dated differently and are related to different subject. While one is dated as 12th April, 2017 and other one is dated 13th April, 2017.

No Penalty for non payment of service Tax if no willful suppression of facts to evade tax

April 12, 2017 16056 Views 1 comment Print

Court is of the considered opinion that there is no willful suppression of facts to evade tax on the part of the petitioner and it was bona fide on the part of the petitioner, it was not deliberate and in absence of finding relating to mensrea recorded by the Settlement Commission, the penalty imposed upon the petitioner under Section 78 of the Finance Act, 1994 deserves to be quashed.

Purchase cannot be termed bogus for mere non-appearance of supplier

April 10, 2017 2043 Views 0 comment Print

Merely non-appearance of the supplier in absence of any other corroborate evidence cannot be a basis to justify the stand of the Revenue that the transaction of purchase is bogus.

Demonitisation effect: HC condones delay in deposit of Court Fees

April 10, 2017 921 Views 0 comment Print

The complainant submits that because the complainant was to deposit the court fees, but due to financial insufficiency suffered by him, he could not make the deposit at the relevant time. It is also contended that during the said period, the Demonetisation was also in force, therefore, his non-deposit of the court fees be condoned and setting aside order dated 17.1.2017 passed by the learned JMFC, time may be granted to deposit the court fees.

Custodian of Goods cannot deny his liability for export of Illicit Goods

April 10, 2017 2607 Views 0 comment Print

This Civil Miscellaneous Appeal is filed by the assessee challenging an order of the Customs Excise and Service Tax Appellate Tribunal dated 15.6.2015 confirming imposition of penalty under section 114 of the Customs Act (in short Act) though reducing the quantum from Rs.5 lakhs to Rs.2.5 lakhs.

Levy of Capital Gain Tax when assessee denies ownership and sale

April 6, 2017 4908 Views 8 comments Print

Admittedly, the petitioner has lodged a police complaint that her name has been misused in a document in respect of a property of which she is not the owner. Therefore, the matter requires further detail prob.

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