CA Sumit Grover - Page 2

Mobile/cell charger is not a part of cell phone -SC

State of Punjab & ORS. Vs Nokia Pvt. Ltd (Supreme Court of India)

Hon’ble Supreme Court has delivered a landmark verdict in the matter of STATE OF PUNJAB & ORS. v. NOKIA INDIA PVT. LTD. & pronounced that the mobile/cell phone charger is an accessory to cell phone and is not a part of the cell phone....

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CBEC's race with Service tax audits

CA Sumit Grover Less than a week ago, CBEC had empowered CAs & CMAs(nominated u/s 72A) to conduct service tax audits on behalf of service tax department, by setting aside the verdict pronounced by Hon’ble Delhi High Court in case of  Travelite (India) Vs. Union of India & Ors., wherein the court took the view […]...

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CAs/ CMAs can conduct Service tax audits

Notification No. 23/2014-Service Tax (05/12/2014)

Vide Notification No. 23/2014- ST dated- 05.12.2014, CBEC has amended rule 5A(2) and the pronouncement of Allahabad High Court has been followed principally & CAs/CMAs have been made empowered to conduct service tax audits....

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No time limit for re-credit of CENVAT

Circular No. 990/14/2014- Central Excise-8 (19/11/2014)

Circular No. 990/14/2014-CX-8 Dated- 19th November, 2014 Sub: Clarification regarding availment of CENVAT credit after six months-reg. Attention is invited to the Notification of the Government of India in the Ministry of Finance, Department of Revenue No. 21/2014-CE (NT) dated 11.07.2014, vide which, inter alia, amendment was made in Rul...

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Service tax on services in relation to inward remittances from abroad

Circular No. 180/06/2014 – ST (14/10/2014)

Vide circular No. 163/14/2012–ST, dated 10th July, 2012, on the issue of levy of service tax on the activities involved in the inward remittance it was clarified that there is no service tax per se on the foreign exchange remitted to India from outside for the reason that money does not constitute a service and that conversion charges o...

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Service Tax on Joint Venture transactions – CBEC clarifies

Circular No. 179/5/2014-ST (24/09/2014)

Certain doubts have been raised regarding the levy of service tax on taxable services provided (i) by the members of the Joint Venture (JV) to the JV and vice versa; and (ii) inter se between the members of the JV. In addition, doubts have also been raised regarding taxation of cash calls or capital contribution made by the members to the...

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SEBI- amendments in clause 49

Stock market regulator, Securities & Exchange Board of India (SEBI) issued a circular dated 15th September, 2014 to introduce certain amendments in revised clause 49 of listing agreement, effective from 1st October, 2014.The gist has been produced hereinbelow:-...

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Amendments to Appeal provisions in Customs, Central Excise & Service Tax – Clarification

Circular No. 984/08/2014-Central Excise (16/09/2014)

The Finance Act (No.2), 2014 has been enacted on 06.08.2014. Section 35F of the Central Excise Act, 1944 and Section 129E of the Customs Act, 1962 have been substituted with new sections to prescribe mandatory pre-deposit as a percentage of the duty demanded where duty demanded is in dispute or where duty demanded and penalty levied are ...

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CENVAT Credit: Certificate by Indian Railways an eligible document

CA Sumit Grover Analysis of Notification No. 26/2014 – Central Excise (N.T.) Dated- 27th August, 2014 Service tax on transportation of goods was effectively levied w.e.f. 1st Oct’12(though levied from 1st July’12, but was deferred till 30th Sep’12). However, abatement of 70% was allowed vide N/N 26/2012-ST, hence effective rate of...

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Clarification Accounting Standards (AS) 10 – Capitalization of Cost – regarding

General Circular No. 35/2014 (27/08/2014)

Ministry of Corporate Affairs has clarified the following issues with respect to the capitalisation of borrowing costs in power projects: 1) Borrowing costs incurred during extended delay in commencement of commercial production after the plant is otherwise ready, can not be capitalised by virtue of AS-10 & AS-16 issued by ICAI....

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May 2020