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Cenvat credit can be utilized for payment of ST under reverse charge mechanism

December 11, 2012 9762 Views 0 comment Print

The appellant is a manufacturer of acrylic fibre, acrylic top etc. and were availing the facility of Cenvat credit of duty paid on inputs, capital goods and Service Tax paid on inputs services used in or in relation to manufacture of final products. The appellants are availing the services of foreign agents and were paying commission on said agents located outside India.

EPFO time bars inquiry against employers in PF cases to 7 yrs

December 10, 2012 1078 Views 0 comment Print

Retirement fund body EPFO has tightened the norms for initiation of its inquiries against employers and also set a time bar of seven years for such proceedings, a move which the trade unions have described as anti-worker. The circular, which was issued by Central Provident Fund Commissioner (CPFC) R C Mishra on his last day […]

Govt withdraws search,seizure powers of new criminal IT wing

December 9, 2012 2308 Views 0 comment Print

The elite criminal investigation wing of the Income Tax department, which conducted a number of high-profile actions including raids on liquor baron Ponty Chadha, has been disallowed to carry out any search or seizure operations by the Finance Ministry henceforth.

‘Soft serve’ provided by McDonalds is ice cream for the purposes of excise – SC

December 9, 2012 3913 Views 0 comment Print

The assessee has averred that ‘soft serve’ cannot be regarded as ice- cream since the former is marketed and sold around the world as ‘soft serve’. We do not see any merit in this averment. The manner in which a product may be marketed by a manufacturer, does not necessarily play a decisive role in affecting the commercial understanding of such a product. What matters is the way in which the consumer perceives the product at the end of the day notwithstanding marketing strategies.

TAN Account now migrating from TIN to TRACES (TDS-CPC)

December 9, 2012 39393 Views 0 comment Print

TRACES is a web-based application of the Income Tax Department that provides an interface to all stakeholders associated with TDS administration. It enables viewing of challan status, downloading of NSDL Conso File, Justification Report and Form 16 / 16A as well as viewing of annual tax credit statements (Form 26AS).

Reimbursement of Expenses not subject to Service Tax

December 8, 2012 24444 Views 0 comment Print

Whether reimbursement of expenses includible in gross consideration for the chargeability of Service Tax? Whether Rule 5(1) of Service Tax (Determination of Value) Rules is ultra vires Sections 66 and 67 of Finance Act, 1994?

Service Tax Refund cannot be denied on technical grounds

December 8, 2012 1450 Views 0 comment Print

It appears that the deficiency is that the bills raised by the CHA do not show the shipping bill numbers and date and the full requirements of the above conditions are not met. The reason given in the impugned order is that copies of shipping bills are not produced. No such condition is prescribed against S. No. 11.

Trust Registration cannot be denied for Non Filing of Return for Several Years

December 8, 2012 720 Views 0 comment Print

Non-filing of the returns for the last several years cannot be a ground for declining to grant registration as the Commissioner is only enjoined to see as to whether the Trust is genuine and whether the object for which it has been formed is for charitable purpose or not.

Taxability of income arising from sale of asset held under Gold Deposit Scheme

December 8, 2012 1195 Views 0 comment Print

It is not in dispute that on the date of maturity, i.e., 22.11.2006, the certificates of gold were redeemed, therefore, 22.11.2006 should be considered as the date of acquisition of the gold for the purpose of computation of capital gains. The authorities below were, therefore, not justified in rejecting the claim of assessee for short term capital gains on redemption of bonds.

How to be an Effective CEO?

December 8, 2012 812 Views 0 comment Print

A C-Level job is all about managing complexity, a defining trait of a leader. A Chief Executive Officer is involved in strategic decision making, responding to unanticipated events and directing the interaction of different functions in the organization. A leader defines an organization. A skillful Chief Executive Officer is always prepared for rapid escalation of complexities in the world of business.

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