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Aditya - Nischal

Latest Articles


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...

November 19, 2015 66426 Views 44 comments Print

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

Excise Duty : The respondent was engaged in manufacture of cables and it entered into a contract with customer for supply of such cables & incor...

October 31, 2015 5334 Views 1 comment Print

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

Excise Duty : Reliance in this regard can be placed on the judicial pronouncement of Hon’ble Kerala High Court in case of GEOJIT BNP PARIBAS F...

July 18, 2015 1754 Views 0 comment Print

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...

July 8, 2015 3300 Views 0 comment Print

Applicability of ‘Res Judicata’ on Taxation?

Income 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 ...

July 7, 2015 9905 Views 0 comment Print


Latest Judiciary


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

Goods and Services Tax : Jagriti Plastics Limited vs Commissioner of Trade & Taxes (Delhi HIgh Court),- Hon’ble Court noted that the price of the goods s...

October 7, 2015 4301 Views 0 comment Print

Excisability of Fly Ash generated during manufacturing

Excise Duty : The petitioner was engaged in the generation of electricity by burning coal resulting in production of Fly Ash as by-product which...

August 26, 2015 8795 Views 3 comments Print

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

Income Tax : Reliance in this regard can be placed on the decision of Hon’ble Delhi High Court in case of Pepsi Foods Private Limited vs. ACI...

May 21, 2015 1356 Views 0 comment Print

Can SEZ unit claim exemption from CVD when cleared to DTA based on an Exemption Notification

Service Tax : Can SEZ unit claim exemption from CVD when cleared to DTA based on an Exemption Notification issued under Section 5A of CEA’1944...

November 28, 2014 1970 Views 0 comment Print

Whether security provided by government from terrorists liable to SERVICE TAX?

Service Tax : Mcleod Russel (India) Limited having its registered office at 4, Mangoe Lane, Kolkata has tea plantations in the state of Assam an...

November 20, 2014 3418 Views 0 comment Print


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

October 29, 2014 1002 Views 0 comment Print

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.

TP adjustment cannot be made on issue of shares at a price lower than ALP or FMV

October 12, 2014 2819 Views 0 comment Print

In the instant case, the assesse has issued shares to its holding company at premium (INR 8591) amounting to INR 246.38 crores. The said transaction was reported in Form 3CEB, although assesse claimed TP Provisions are not applicable on income arising on such transactions.

A Brief synopsis on Special Economic Zones (SEZ)

September 25, 2014 6951 Views 0 comment Print

Brief Highlights about SEZs Special Economic Zone schemes provides for setting up of SEZs, which have been introduced by the Indian Government with the basic idea of providing the world class infrastructure and other facilities which are required for successful growth of the business and thereby growth of the economy. These are treated as they […]

Can High Court Interfere with discretion of Settlement Commission?

September 6, 2014 2149 Views 0 comment Print

Reliance in this regard can be placed on the decision of Hon’ble Allahabad High Court in case of M/s Vinay Wire and Poly Product Private Limited Vs. DGCEx [Writ Tax No. 283 of 2014] wherein the appellant has challenged the order of Hon’ble Settlement Commission passed u/s 32E of CEA, 1944.

Whether Section 40(a)(ia) applies to expenses payable at the end of year and not to expenses paid during the year?

September 4, 2014 3785 Views 0 comment Print

 Hon’ble Tribunal (SB) held in case of Merilyn Shipping & Transports and Hon’ble Allahabad High Court in case of Vector Shipping Services (P) Ltd. held that disallowance under Section 40(a)(ia) shall be made for the amount payable at the end of the year and not to the amount paid during the year.

Does DTAA Overrides Service Tax in India?

August 14, 2014 3648 Views 0 comment Print

 Import of Service The Import of Service means that the Service which is being provided by a Service Provider who is located in Non-Taxable territory and the service recipient is located in taxable territory. In such circumstances, the Service Receiver is liable to pay service tax as per Sr. No. 10 of Notification 30/2012-ST dated […]

A Brief synopsis on Export Oriented Units

August 12, 2014 10963 Views 0 comment Print

Brief Highlights about EOU An EOU is basically an Export Oriented units which can be set up in the declared ‘warehouse stations’ in India. There are almost 300 such warehouse stations. EOU units are very closely connected with Customs Law and Excise Law. Besides, Foreign Trade Policy deals with EOUs at larger extent. Further, Income […]

Rule 5A(2) of Service Tax Rules, 1994 – Ultra vires the Statute

August 7, 2014 7727 Views 0 comment Print

Rule 5A(2) of the ST Rules, 1994 provides that every assessee has to provide to the officer authorized by the commissioner or CAG to produce records maintained by the assessee. Brief Facts: Theappellant ‘Travelite (India)’ is a registered assessee under the Service Tax. It received a notice from the Commissioner of Service Tax seeking records […]

Levy of Entry Tax on entry of Goods before commencement of business – Madhya Pradesh

July 19, 2014 29731 Views 18 comments Print

Entry Tax is levied on the goods which are brought into a local area from outside the Local Area. The basic question which arises is whether entry tax shall be levied on entry of goods into local area from a place outside the local area. In this regards, it is pertinent to note that the […]

Clarification on Liberalized Remittance Scheme (LRS) for resident individuals

July 18, 2014 6433 Views 0 comment Print

Clarification – Increase in the limit from USD 75,000 to USD 125,000 for resident individuals under Liberalized Remittance Scheme (LRS) {Notification No. “RBI/2014-15/132 A.P. (DIR Series) Circular No.5 dated 17th July, 2014} Before going into the revision made in Liberalized Remittance Scheme, let us know what it is actually?

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