IT : Where employer did not deposit PF/ESI contribution within due date as contemplated under PF/ESI Scheme/Act, but deposited it before due date of filing return, assessee would be entitled to deduction
Monday, 31 March 2014
Interest was allowable if borrowings were utilized by assessee for expansion of its business
IT: Where assessee used borrowed funds for purpose of setting new project for expansion of its business, interest was to be allowed as revenue expenditure
FinMin releases DTC Bill for public comments; 153 out of 190 recommendations of Standing Committee m
IT/ILT/INDIAN ACTS & RULES : Significant changes in the proposed Direct Taxes Code, 2013
No penalty on assessee on pretext of incorrect sec. 80-IB relief if judiciary differs on its allowab
IT : Where there were divergent judicial opinions on allowability of claim made under section 80-IB, assessee could not be penalized under section 271(1)(c)
Equity research is liable to service tax under Market Research services
Service Tax : Research on equity is a product research and is liable to service tax under Market Research Services
Issue of TDS liability on sums paid by 'Amar Ujala' to advertising agencies won't be hit by writ jur
IT : Issue of TDS liability of assessee newspaper on payment to advertising agency not to be decided invoking writ jurisdiction but in appeal under Act
No sec. 10(23C) relief to school collecting fees in name of development fund to be created for benef
IT : Where assessee trust, running a school, collected excess fee in name of development fund which was not brought in its books of account, in view of fact that trust was established for benefit of children of managing trustee and, moreover, there was no obligation on its part to reinvest amount in question in educational activities, it was to be concluded that trust existed for profit motive and, therefore, assessee's claim for exemption of income under section 10(22) and 10(23C) was to be re
[Indian Customs Order] : Appointment of Common Adjudicating Authority
F.No.437/78/2013-Cus-IV
Government of India
Ministry of Finance
(Department of Revenue)
Central Board Excise & Customs
*****
New Delhi, dated the 28th March, 2014
ORDER
In terms of Notification No.15/2002-Customs (N.T.) dated 07.03.2002 (as amended) issued under sub-section (1) of section 4 of the Customs Act, 1962 (52 of 1962), the Board hereby assigns the Show Cause Notice F.No.840/JPR/19-XIX/2010/1121-31dated 27.05.2013 issued by Additional Director General, Directorate of Revenue Intelligence, Delhi Zonal Unit, New Delhi in the case of M/s Hindustan Zinc Ltd. (100% EOU), Hydro-1, Chanderiya Lead Zinc Smelter, Putholi, Chittorgarh & others to the Commissioner of Customs (Exports), JNCH, JNPT, Nhava Sheva, Post-Uran, Distt-Raigad, Maharashtra for the purpose of adjudication.
(R.P.Singh)
Director (Customs)
Copy to:-
1. The Additional Director General, Directorate of Revenue Intelligence, Delhi Zonal Unit, B-3 & B-4, 6th Floor Paryavaran Bhawan, C.G.O. Complex, Lodhi Road, New Delhi.
2. The Commissioner of Customs (Exports), Jawaharlal Nehru Custom House, JNPT, Nhava Sheva, Post-Uran, Distt-Raigad, Maharashtra.
3. The Assistant/Deputy Commissioner of Customs, (Exports), Near Balaji Temple, Custom House, Kandla.
4. The Commissioner of Customs (Import), Custom House, Tuticorin.
5. The Joint/Additional Commissioner of Customs (Import), Customs (Preventive), Sharda House, Bedi Bunder Road, Jamnagar.
6. The Assistant/Deputy Commissioner of Customs (Import), Port-Mundra, Gujarat.
7. webmaster.cbec@icegate.gov.in
[Indian Customs Order] : Appointment of Common Adjudicating Authority
F.No.437/45/2013-Cus-IV
Government of India
Ministry of Finance
(Department of Revenue)
Central Board Excise & Customs
*****
New Delhi, dated the 28th March, 2014
ORDER
In terms of Notification No.15/2002-Customs (N.T.) dated 07.03.2002 ( as amended) issued under sub-section (1) of section 4 of the Customs Act, 1962 (52 of 1962), the Board hereby assigns the Show Cause Notice http://ift.tt/PcwrdA to 6054 dated 05.06.2013 issued by Additional Director General, Directorate of Revenue Intelligence, Mumbai. Zonal Unit, Mumbai in the case of M/s Ingram Micro India Limited, Mumbai, Godrej I.T. Park, B-Block, 5th Floor, Pirojshanagar, L.B.S. Marg, Vikhroli West, Mumbai-400079 to the Commissioner of Customs (Import), Air Cargo Complex, Mumbai for the purpose of adjudication.
(R.P.Singh)
Director (Customs)
Copy to:-
1. The Additional Director General, Directorate of Revenue Intelligence, Mumbai Zonal
Unit, UTI Building, 13, Vithaldas Thackersey Marg, New Marine Lines, Mumbai- 400020.
2. The Commissioner of Customs (Import), Air Cargo Complex, Mumbai.
3. The Commissioner of Customs (Import & General), Airport, New Delhi.
4. The Commissioner of Customs, (Airport & Air Cargo), Chennai.
5. webmaster.cbec@icegate.gov.in
[Indian Customs Order] : Appointment of Common Adjudicating Authority
F.No.437/33/2014-Cus-IV
Government of India
Ministry of Finance
(Department of Revenue)
Central Board Excise & Customs
*****
New Delhi, dated the 28th March, 2014
ORDER
In terms of Notification No.15/2002-Customs (N.T.) dated 07.03.2002 (as amended) issued under sub-section (1) of section 4 of the Customs Act, 1962 (52 of 1962), the Board hereby assigns the Show Cause Notice F. No. VIII/48/02/2012-DRI TTN dated 13.04.2013 issued by Additional Director General, Directorate of Revenue Intelligence, Zonal Unit, Chennai in the case of M/s Nitish Tools Pvt. Limited No. 2088, Trichy Road, Singanallur, Coimbatore and M/s Shree Sai Enterprises, No. 56 Thulasi Ammal Layout, Lakshmipuram, Peelamedu, Coimbatore to the Commissioner of Customs, Customs House, Tutiorin for the purpose of adjudication.
(R.P.Singh)
Director (Customs)
Copy to:-
1. The Additional Director General, Directorate of Revenue Intelligence, 25, Gopalakrishna (Iyer) Road, T. Nagar, Chennai- 600017
2. The Commissioner of Customs, Custom House, New Harbour Estate, Tuticorin-628004.
3. The Commissioner of Central Excise, No.6/7, A.T.D. Street, Race Course, Coimbatore- 641018.
4. webmaster.cbec@icegate.gov.in.
Reassessment couldn't be alleged as 'change of opinion' if it sought rectification of excess exempti
CST & VAT : Date of introduction/operaton of amendment cannot control its retrospective operation; therefore, it is immaterial if a period for assessment or reassessment under section 21 had already expired before retrospective amendment increasing time-limit therefor
Demerger comes within purview of reconstruction; HC directs demerged co. to pay stamp duty according
CL : Scheme of arrangement between parent company and resulting company was of demerger which amounts to reconstruction as per article 20(d) of Schedule-I of Gujarat Stamp Act, 1958 and applicant was required to pay for change of ownership as per section 2(g) and article 20(d) of Schedule-I of Stamp Act
Sum received by Dutch Co. for providing marketing service outside India to Indian Hotel taxable as p
IT/ILT : Where Dutch company provided marketing services to Indian hotel and receipts were not proved to be mere reimbursement of expenses, following Tribunal's order in earlier years, taxability of impugned amount was required to be determined in terms of article 7 of DTAA with Netherland
[Indian Customs Order] : Appointment of Common Adjudicating Authority
F.No.437/28/2014-Cus-IV
Government of India
Ministry of Finance
(Department of Revenue)
Central Board Excise & Customs
*****
New Delhi, dated the 28th March, 2014
ORDER
In terms of Notification No.15/2002-Customs (N.T.) dated 07.03.2002 (as amended) issued under sub-section (1) of section 4 of the Customs Act, 1962 (52 of 1962), the Board hereby assigns the Show Cause Notice F.No. DRI/MZU/C/Inv-05/2013-14/811 to 815 dated 20.01.2014 issued by Additional Director General, Directorate of Revenue Intelligence, Mumbai Zonal Unit, Mumbai in the case of M/s Romil Jewelry,125, Niraj Industrial Estate, Opp. Sun Pharma, Off Mahakali Caves Road, Andheri (East), Mumbai to the Commissioner of Customs, Chhatrapati Shivaji International Airport, Mumbai for the purpose of adjudication.
(R.P.Singh)
Director (Customs)
Copy to:-
1. The Additional Director General, Directorate of Revenue Intelligence, Mumbai Zonal Unit, Mumbai-400020.
2. The Commissioner of Customs ,CSI Airport, Avas Corporate Point, Makwana Lane, Off
Andheri Kurla Road, Marol, Andheri (East), Mumbai.
3. The Commissioner of Customs, Customs House, Near All India Radio, Navrangpura, Ahmedabad.
4. webmaster.cbec@icegate.gov.in
[Indian Customs Order] : Appointment of Common Adjudicating Authority
F.No.437/25/2014-Cus-IV
Government of India
Ministry of Finance
(Department of Revenue)
Central Board Excise & Customs
*****
New Delhi, dated the 28th March, 2014
ORDER
In terms of Notification No.15/2002-Customs (N.T.) dated 07.03.2002 (as amended) issued under sub-section (1) of section 4 of the Customs Act, 1962 (52 of 1962), the Board hereby assigns the Show Cause Notice F.No.VIII/26/11/2013 -DRI–HRU (A) dated 09.01.2014 issued by Additional Director General, Directorate of Revenue Intelligence, Zonal Unit, Chennai in the case of M/s Sai Deepa Rock Drills Pvt. Ltd., Plot No.106, Phase-II, IDA, Cherlapally, Hyderabad-500051 to the Commissioner of Customs (Import), Chennai Sea Port,Custom House, 60, Rajaji Salai, Chennai 600001 for the purpose of adjudication.
(R.P.Singh)
Director (Customs)
Copy to:-
1. The Additional Director General, Directorate of Revenue Intelligence, 25, Gopalakrishna (Iyer) Road, T. Nagar, Chennai- 600017
2. The Commissioner of Customs (Import), Chennai Sea Port, Custom House, 60 Rajaji Salai
Chennai- 600001
3. The Commissioner of Customs (Import), ICD, Patparganj, 56, Near Ghazipur Village,
Patparganj, Delhi
4. The Commissioner of Customs (Import), 15/1, Strand Road, Fairley Place, B.B.Bagh,
Kolkata.
5. webmaster.cbec@icegate.gov.in
[Indian Customs Order] : Appointment of Common Adjudicating Authority
F.No.437/11/2014-Cus-IV
Government of India
Ministry of Finance
(Department of Revenue)
Central Board Excise & Customs
*****
New Delhi, dated the 28th March, 2014
ORDER
In terms of Notification No.15/2002-Customs (N.T.) dated 07.03.2002 (as amended) issued under sub-section (1) of section 4 of the Customs Act, 1962 (52 of 1962), the Board hereby assigns the Show Cause Notice F.No.23/63/2010-DZU/6112 dated 20.12.2013 issued by Additional Director General, Directorate of Revenue Intelligence, Delhi Zonal Unit, New Delhi in the case of import of old and used photocopier machines by Sh/Shri Amit Vipin Chanana & Sanjeev Goel to the Commissioner of Customs (Sea port-Import), Custom House, Chennai for the purpose of adjudication.
(R.P.Singh)
Director (Customs)
Copy to:-
1. The Additional Director General, Directorate of Revenue Intelligence, Delhi Zonal Unit, B-3 & B-4, 6th Floor Paryavaran Bhawan, C.G.O. Complex, Lodhi Road, New Delhi.
2. The Commissioner of Customs, (Sea Port Import), Custom House, Chennai.
3. The Commissioner of Customs, (Port-Imports), Custom House, 15/1, Strand Road, M.S. Building, Custom House, Kolkata-700001.
4. The Commissioner of Central Excise, Customs & Service Tax, C.G.O.Complex-II, Kamla Nehru Nagar, Ghaibad-201002.
5. The Commissioner of Customs, Inland Container Depot, ‘ICD’ Tughlakabad, New Delhi.
6. webmaster.cbec@icegate.gov.in
[Indian Customs Order] : Appointment of Common Adjudicating Authority
F.No.437/09/2014-Cus-IV
Government of India
Ministry of Finance
(Department of Revenue)
Central Board Excise & Customs
*****
New Delhi, dated the 28th March, 2014
ORDER
In terms of Notification No.15/2002-Customs (N.T.) dated 07.03.2002 (as amended) issued under sub-section (1) of section 4 of the Customs Act, 1962 (52 of 1962), the Board hereby assigns the Show Cause Notice http://ift.tt/1fIPjXO dated 31.12.2013 issued by Additional Director General, Directorate of Revenue Intelligence, Zonal Unit, Ahmedabad in the case of M/s Power Grid Corporation of India Limited, Plot No-2, Sector-29, Gurgaon, Haryana-122001 to the Commissioner, Customs, Central Excise & Service Tax, Bhubaneswar-I, Bhubaneswar (Orissa) for the purpose of adjudication.
(R.P.Singh)
Director (Customs)
Copy to:-
1. The Additional Director General, Directorate of Revenue Intelligence, Ahmedabad Zonal Unit, Ahmedabad.
2. The Commissioner, Customs, Central Excise & Service Tax, Kanpur, Sarvoday Nagar, Kanpur-208005.
3. The Commissioner of Customs, Kolkata Sea, Custom House, 15/1, Strand Road, Kolkata- 700001.
4. The Commissioner of Customs (Import), Chennai Sea port, Custom House, 60, Rajajisali, Chennai, Tamil Nadu-600001.
5. The Commissioner of Customs, (Import), Jawaharlal Nehru Custom House, Nhava Sheva, Tal: Uran, Distt: Raigad, Maharashtra-400707.
6. The Commissioner, Customs Central Excise, & Service Tax, Bhubaneswar -I, C.R. Building, Rajaswa Vihar, Bhubaneswar (Orissa)-751007.
7. webmaster.cbec@icegate.gov.in
MCA rolls out new forms under 2013 Act; allows e-filing of certain old forms during April 1, 2014 to
Companies Act, 2013/Companies Act, 1956 : Staggered roll out plan of various forms under Companies Act, 2013 and continuance of forms under provisions of Companies Act, 1956
MCA allows e-payment of stamp duty and court fees to speed-up process of issuing certified copies by
Companies Act, 2013 : Section 399 of the Companies Act, 2013 - Inspection, production and evidence of documents kept by registrar - Online payment of stamp duty and court fee stamp for issue of certified copies of documents filed with registrar of companies
Sec. 80-IA relief: Energy used for captive consumption to be valued as per rates of State Electricit
IT : Where assessee had established a Captive Power Plant in State of Chhattisgarh to supply electricity to its steel division, for purpose of section 80-IA deduction market value of power supplied by assessee to steel division should be computed considering rate of power charged by Chhattisgarh State Electricity Board for supply of electricity to industrial consumers
Karnataka Sales Tax Act doesn't fix entire liability of co. on any of its directors
CST & VAT : There is no provision under Karnataka Sales Tax Act so as to fasten entire liability on any one of directors of company to recover amounts due in respect of erstwhile assessee-company
No. sec. 194C TDS on sums remitted on hiring of vehicles without any service of carriage of passenge
IT : Where assessee, in pursuance of contract of transporting employees of an institute, hired vehicles from a private agency, in view of fact that assessee had only rented vehicles and said agency had not provided any service of carriage of passengers, assessee was not required to deduct tax at source under section 194C while making payment of hiring charges
Merchant-banker was liable for violating disclosure norms as he failed to exercise post-issue due di
SEBI: Where appellant as a BRLM had failed to exercise due diligence which resulted in lack in veracity and inadequacy of disclosures in offer document, appellant had failed to comply with provisions of SEBI (DIP) Guidelines, 2000
HC quashed order passed by ITAT without considering reasons given for condonation of delay in filing
IT : Order passed by Tribunal was to be set aside where he did not consider explanation offered by assessee for condonation of delay in filing appeal
Pre-deposit through credit or PLA in case of withdrawal of monthly facility of payment is valid, mat
Excise & Customs : In case of withdrawal of facility of monthly payment of duty, duty must be paid consignment-wise in cash and in case of non-compliance therewith, Judicial Member holds pre-deposit through Cenvat credit is valid while Technical Member directs pre-deposit of duty through PLA; matter referred to third member
Derivative losses weren't bogus merely because transaction involved two client codes which was recti
IT : In absence of relevant material on record, assessee's claim for set off of loss incurred in derivative business against other income could not be rejected on ground that 'client code modification' procedure, allowed by NSE was improper and, it gave rise to a bogus loss
LIBOR rate to be used for comparability if terms of credit and transactions between AE and Non-AE ar
IT/ILT : Where no direct comparison could be made between controlled transactions with A.E. and uncontrolled transactions with third party regarding charging of interest on delayed payments for sale transaction, LIBOR rate + 1.5 per cent be applied and adjustment worked out
SC: Limitation period for recovery by State Financial corp. would begin after sale of mortgaged asse
Banking Laws: Where financial corporation took steps for recovery of amount advanced to industrial concern by resorting to provisions of section 29 of State Financial Corporation Act, limitation period for recovery of balance amount would start only after adjusting proceeds from sale of mortgaged assets of industrial concern
Extent of sec. 69C addition due to bogus purchases was a finding of fact; HC dismissed revenue's app
IT: Where Tribunal recorded a finding that 20 per cent of purchases made by assessee from 'R' were bogus and said amount was liable to be added to assessee's taxable income under section 69C, finding so recorded being a finding of fact, no substantial question of law arose therefrom
Margin earned by seller in high seas sales couldn't be charged to ST under Business Auxiliary Servic
Service Tax : In case of high-sea sales transactions, margin earned by seller, which forms part of customs value for charge of customs duty in hands of buyer, cannot be charged to service tax under Business Auxiliary Services
Trust has to file Form No. 10 before completion of assessment to earmark certain income for future a
IT : Where a charitable trust, claiming benefit of section 11, wants to accumulate certain income in order to carry it forward for application in future years for charitable purpose, it is mandatory for trust to furnish to Assessing Officer particulars required in respect of said income in Form No. 10 in terms of rule 17 before completion of assessment proceedings
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