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Dispute Resolution Panel should pass a reasoned order/ directions assigning cogent and germane reasons

December 26, 2010 1080 Views 0 comment Print

Delhi High Court held that the directions passed by the Dispute Resolution Panel (DRY), which is a quasi judicial body, should be well reasoned containing cogent and germane reasons and remanded back the non-speaking direction of the DRY for fresh adjudication.

Taxability of packaged or canned software

December 26, 2010 792 Views 0 comment Print

Excise Duty :- Notification No. 30/2010- Central Excise (N. T) dated December 21, 2010 has been issued for levy of excise duty on packaged or canned software on Retail Sale Price basis. • Entry 93A has been inserted in Notification No. 49

Levy of service tax on sale of residential complex not unconstitutional – Punjab and Haryana HC

December 26, 2010 1974 Views 0 comment Print

M/s G.S. Promoters (hereinafter referred to as the Petitioner) is engaged in development and sale of residential flats. The petitioner enter into agreement for construction of flats with the contractors. The flats are ultimately sold to the customers. The petitioner filed the subject petition to seek declaration that the Explanation to Section 65(zzzh) of the Finance Act, 1994 (henceforth referred as the Finance Act) and CBEC circular No. 334/3/2010-TRU dated 1 July 2010 (henceforth referred as the Circular) are unconstitutional.

HC upholds constitutionality of levy of service tax on residential complex

December 26, 2010 1005 Views 0 comment Print

Punjab and Haryana High Court in the case of G.S. Promoters v. Union of India reported in MIT-2010-574-HC] upheld the constitutionality of the levy of service tax on the deemed service while selling residential complex by builder to buyer.

Service tax – Procedures related to Levy, Registration, valuation, Payment, Import and Export, Returns, Interest, Recovery and Penalty

December 26, 2010 3576 Views 0 comment Print

Generally, the liability to pay service tax has been placed on the ‘service provider’. However, in respect of the taxable services notified under Sec.68(2) of the Finance Act,1994, the service tax shall be paid by such person and in such manner as ma

Madras HC rules that disputes on ESI coverage should be referred to ESI court only

December 25, 2010 855 Views 0 comment Print

Disputes by business and other establishments on coverage of Employees State Insurance (ESI) and/or their clubbing would have to be raised before the appropriate ESI Court u/s 75 of the ESI Act, and petitions should not be preferred directly before t

Preferential Treatment to Services Relating to Preferential Location

December 25, 2010 1156 Views 0 comment Print

Statutory enactment is supposed to be drafted in a language which conveys the same meaning to all. This is for the reason that any term conveying varied meanings can lead to chaos as it can be interpreted in varieties of ways over a different period of time. Not only that, interpretation will differ from person to person as well.

RBI Releases Gist of Comments on the Discussion Paper on Entry of New Banks in the Private Sector

December 24, 2010 420 Views 0 comment Print

The Reserve Bank of India released on its website today, the gist of the comments on the Discussion Paper on “Entry of New Banks in the Private Sector”. The range of comments received has been very wide and does not indicate consensus on any of the

How to invest at peak rate in rising interest-rate scenario

December 24, 2010 399 Views 0 comment Print

Fixed deposits rates are on the rise. Though the investors living on interest income are happy about it, they are finding it difficult to catch the peak. The biggest challenge an investor faces in a rising-rate scenario is to identify the peak and lo

Review of steps taken by Ministry of Corporate Affairs during the calendar year 2010

December 24, 2010 543 Views 0 comment Print

The basic charter of Ministry of Corporate Affairs is to promote the growth of the Indian corporate sector through enlightened regulation. To enable formulation of enlightened regulations that provide a framework for the corporate sector and its stak

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