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Orders

Posting Of Probationer Assistant Commissioners Of Income-tax – Order No. 71/2013

April 26, 2013 663 Views 0 comment Print

Vide Order No. 71 of 2013 dated 25.04.2013, the CBDT has posted several Assistant Commissioners of Income-tax (probationers) in the Pay Scale of Rs. 15,600-39,100 (Plus Grade pay of Rs. 5,400 in PB-3), on completion of training at National Academy of Direct Taxes, Nagpur in the Region of CCIT(CCA)/Station/Charge indicated against each with immediate effect and until further orders.

ST-3 Due date of Oct 12 to Mar 13 extended to 31.08.2013

April 23, 2013 3994 Views 0 comment Print

n exercise of the powers conferred by sub-rule(4) of rule 7 of the Service Tax Rules, 1994, the Central Board of Excise & Customs hereby extends the date of submission of the Form ST-3, for the period from 1st October 2012 to 31st March 2013, from 25th April, 2013 to 31st August, 2013. The circumstanc

A company not in dominant position if there are number of Companies providing similar services

April 17, 2013 378 Views 0 comment Print

Learned counsel very earnestly argued that the CCI was incorrect in firstly deciding upon the relevant market and secondly on the aspect of the respondent being a dominant player in the market. The learned counsel wanted to rely on the prospectus of the respondent which, in our view, would be an irrelevant document to decide the dominance in the market. The informant was expected to point out as to how the respondent enjoyed the dominant position in the market, by collection of evidence and the facts. That unfortunately seems not to have been done by the informant. We cannot find fault, under the circumstances, with the finding of the CCI that the respondent was not enjoying the dominant position in the market. Once that factual position is arrived at, there will be no question of contravention of Section 4 of the Act. If the respondent was not dominant, there was no question of the abuse of dominance.

CBEC extends last date of e-filing of Service Tax Return for July-Sep 2012 to 30.04.2013

April 13, 2013 3519 Views 0 comment Print

Due date for filing of service tax returns in Form ST-3 for the period 1st July, 2012 to 30th September 2012 was extended from 15th April, 2013 to 30th April, 2013. Considering the difficulties in filing returns, causing inconvenience to the assessee, the CBEC had revised the due date of  filing ST-3 Return. CBEC extends […]

CAT had no jurisdiction to compel completion of a breached contract as that is task of Civil Court

April 10, 2013 612 Views 0 comment Print

Commission has no jurisdiction to hand over the possession of plot in question to the complainant; that is the task of the Civil Court. The Hon’ble Supreme Court in the closest term has restrained to this Commission from assuming the power of the Civil Court. It is also clarified in the paragraph that this Court cannot grant any specific performance.

Provisions of MRTP Act not applicable to educational institutions

April 10, 2013 2621 Views 0 comment Print

There cannot be any dispute that Karanataka High Court has specifically held that the provisions of the MRTP Act were not and could not be applicable to the educational institutions. There is no dispute that the present complaint also pertains to the educational institution and its activity of imparting education.

DVAT 51 reconciliation return Qtr 1 to 4 of 2011-12 extended to 10/05/2013

April 10, 2013 1412 Views 0 comment Print

Sub-rule (1) of Rule 67 of the Delhi Value Added Tax Rules, 2005 and Rule 4 of the Central Sales Tax(Delhi) Rules, 2005 for furnishing of reconciliation return in Form DVAT-51; and,

CBEC threatens action against striking Excise Superintendents & Inspectors

March 25, 2013 902 Views 0 comment Print

It is reiterated that action in instances of violation of discipline and conduct rules would be taken in accordance with the instructions on the subject.

Customs and Excise Offices to be open on 29th,30th & 31st March

March 15, 2013 1048 Views 0 comment Print

CBEC has requested the Chief Commissioners of Central Excise & Customs to keep their offices open on 29th, 30th and 31st March and also to issue Trade Notices for the information of the Trade as it feels bulk of the Revenue is received at the end of the month.

Time Limit U/s. 11B does not applies to cases where tax has been collected without authority of law

March 4, 2013 4051 Views 0 comment Print

The lower authority had also held that the refund claim is partially time-barred. The appellant had argued that the refund claim is not hit by limitation inasmuch as the time prescribed under Section 11B is applicable only to those tax which is collected as permitted by the statute and in the instant case the tax was collected without authority of law and hence time limit is not applicable.

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