Aditya - Nischal

Swachh Bharat Cess – Ready Reckoner

Service Tax - Will SBC be leviable on exempted services and services in the negative list The Central Government vide notification No 22/2015-ST dated 6th November 2015, has notifiedthat SBC shall be applicable on all taxable services except services which are either fully exempt from service tax under any notification issued under section 93(1) of the...

Read More

Liability to pay interest on issue of supplementary invoice owing price variation

Service Tax - The respondent was engaged in manufacture of cables and it entered into a contract with customer for supply of such cables & incorporated price variation clause in the agreement entered between them. The respondent paid duty provisionally at the time of removal of goods from the factory ...

Read More

Does Mistake of fact governed by time limit prescribed U/s. 11B of Central Excise Act, 1944?

Service Tax - Reliance in this regard can be placed on the judicial pronouncement of Hon’ble Kerala High Court in case of GEOJIT BNP PARIBAS FINANCIAL SERVICES LTD [WP(C) No.18126 of 2015 (M)] wherein the assesse is a company inter alia engaged in providing retail financial services....

Read More

Manual Scrutiny of Service Tax Returns vis-à-vis ITR Form 4/5/6 and 26AS w.e.f. 01.08.2015

Service Tax - With the introduction of POT Rules, 2011 and advent of Negative list based comprehensive taxation of services in 2012, Service Tax Wing, CBEC unveiled the revised procedures for scrutiny of returns that must be followed by the Revenue with effect from 1st August, 2015 vide Circular No. 185/4/2015-ST,Dated: July 07, 2015....

Read More

Applicability of ‘Res Judicata’ on Taxation?

Service Tax - Res judicata has been defined under Section 11 of The Code of Civil Procedure, 1908, wherein it is stated that no court shall try any suit or issue in which the matter directly and substantially in issue has been directly and substantially in issue in a former suit between the same parties, or between parties under whom they or any of the...

Read More
Sorry No Post Found

No Service Tax on Under Construction Flats if price includes land value

Suresh Kumar Bansal Vs UOI (Delhi High Court) - Reliance in this connection can be placed on the decision of Hon’ble Delhi High Court in case of Suresh Kumar Bansal vs UOI [W.P.(C) 2235/2011] wherein levy of Service Tax on the value of flats sold during construction stage has been held unconstitutional, if such value includes the value of Land....

Read More

Whether assessee is entitled to avail Input Tax Credit on purchase of DEPB Scrips?

Jagriti Plastics Limited Vs Commissioner of Trade & Taxes (Delhi High Court) - Jagriti Plastics Limited vs Commissioner of Trade & Taxes (Delhi HIgh Court),- Hon’ble Court noted that the price of the goods sold by the appellant included the component of customs duty paid at the time of their import and such component is reduced to the extent of usage of DEPB scrips by the co...

Read More

Excisability of Fly Ash generated during manufacturing

M/s Mettur thermal Power Station Vs CCE (Madras High Court) - The petitioner was engaged in the generation of electricity by burning coal resulting in production of Fly Ash as by-product which has commercial value in the market and thus it can be said that Fly Ash is marketable. ...

Read More

Whether the provisions limiting the period of condonation for delay in filing appeal ultra vires?

Heritage Auto (P.) Ltd.Vs. Union of India and others (Punjab & Haryana High Court)p - We are unable to discern any legal flaw in the proviso to Section 85(3) of the Act, that would enable us to hold that the proviso impedes the rights of the petitioner to file an appeal or is in any manner in excess of legislature power or should be read down....

Read More

Does Tribunal have power to grant stay beyond period of 365 days prescribed in Act?

Pepsi Foods Pvt. Ltd Vs ACIT (Delhi High Court) - Reliance in this regard can be placed on the decision of Hon’ble Delhi High Court in case of Pepsi Foods Private Limited vs. ACIT [W.P.(C) 1334/2015] pronounced on 19-05-2015 wherein the petitioner has challenged the constitutional validity of Section 254(2A) of the Income Tax Act, 1961 (here-in-a...

Read More
Sorry No Post Found

Recent Posts in "Aditya - Nischal"

No Service Tax on Under Construction Flats if price includes land value

Suresh Kumar Bansal Vs UOI (Delhi High Court)

Reliance in this connection can be placed on the decision of Hon’ble Delhi High Court in case of Suresh Kumar Bansal vs UOI [W.P.(C) 2235/2011] wherein levy of Service Tax on the value of flats sold during construction stage has been held unconstitutional, if such value includes the value of Land....

Read More

Swachh Bharat Cess – Ready Reckoner

Will SBC be leviable on exempted services and services in the negative list The Central Government vide notification No 22/2015-ST dated 6th November 2015, has notifiedthat SBC shall be applicable on all taxable services except services which are either fully exempt from service tax under any notification issued under section 93(1) of the...

Read More
Posted Under: Income Tax | ,

Liability to pay interest on issue of supplementary invoice owing price variation

(12/06/2015)

The respondent was engaged in manufacture of cables and it entered into a contract with customer for supply of such cables & incorporated price variation clause in the agreement entered between them. The respondent paid duty provisionally at the time of removal of goods from the factory ...

Read More
Posted Under: Income Tax |

Whether assessee is entitled to avail Input Tax Credit on purchase of DEPB Scrips?

Jagriti Plastics Limited Vs Commissioner of Trade & Taxes (Delhi High Court)

Jagriti Plastics Limited vs Commissioner of Trade & Taxes (Delhi HIgh Court),- Hon’ble Court noted that the price of the goods sold by the appellant included the component of customs duty paid at the time of their import and such component is reduced to the extent of usage of DEPB scrips by the company. ...

Read More

Excisability of Fly Ash generated during manufacturing

M/s Mettur thermal Power Station Vs CCE (Madras High Court)

The petitioner was engaged in the generation of electricity by burning coal resulting in production of Fly Ash as by-product which has commercial value in the market and thus it can be said that Fly Ash is marketable. ...

Read More

Does Mistake of fact governed by time limit prescribed U/s. 11B of Central Excise Act, 1944?

Reliance in this regard can be placed on the judicial pronouncement of Hon’ble Kerala High Court in case of GEOJIT BNP PARIBAS FINANCIAL SERVICES LTD [WP(C) No.18126 of 2015 (M)] wherein the assesse is a company inter alia engaged in providing retail financial services....

Read More
Posted Under: Income Tax |

Manual Scrutiny of Service Tax Returns vis-à-vis ITR Form 4/5/6 and 26AS w.e.f. 01.08.2015

With the introduction of POT Rules, 2011 and advent of Negative list based comprehensive taxation of services in 2012, Service Tax Wing, CBEC unveiled the revised procedures for scrutiny of returns that must be followed by the Revenue with effect from 1st August, 2015 vide Circular No. 185/4/2015-ST,Dated: July 07, 2015....

Read More
Posted Under: Income Tax |

Applicability of ‘Res Judicata’ on Taxation?

Res judicata has been defined under Section 11 of The Code of Civil Procedure, 1908, wherein it is stated that no court shall try any suit or issue in which the matter directly and substantially in issue has been directly and substantially in issue in a former suit between the same parties, or between parties under whom they or any of the...

Read More
Posted Under: Income Tax |

Dismissal of SLP by Hon’ble Supreme Court in case of Vector Shipping Explained

The issue in dispute is that whether disallowance under Section 40(a)(ia) of the Income Tax Act, 1961 applies only to amount ‘payable’ on the year end or whether amount ‘paid’ during the year is also covered within its ambit. In this regard, Hon’ble Allahabad High Court in case of CIT vs. M/s Vector Shipping Services (P) Ltd., (...

Read More
Posted Under: Income Tax |

A brief note on Export Promotion Capital Goods Scheme [EPCG Scheme]

The Export Promotion Capital Goods (EPCG) scheme was one of the several export-promotion initiatives launched by the Government in the early '90s. The basic purpose of the scheme was to allow exporters to import machinery and equipment at affordable prices so that they can produce quality products for the export market....

Read More
Posted Under: Income Tax |
Page 1 of 41234

Browse All Categories

CA, CS, CMA (3,483)
Company Law (3,411)
Custom Duty (6,609)
DGFT (3,449)
Excise Duty (4,043)
Fema / RBI (3,250)
Finance (3,456)
Income Tax (25,022)
SEBI (2,735)
Service Tax (3,281)

Search Posts by Date

September 2017
M T W T F S S
« Aug    
 123
45678910
11121314151617
18192021222324
252627282930