FDI/FEMA/ILT : Discussion Paper on Mapping of FDI Policy with NIC Code 2008
Saturday, 14 November 2015
Govt. amends FDI Policy for various sectors including construction and defence sectors
FDI/FEMA/ILT : Review of Foreign Direct Investment (FDI) Policy on Various Sectors
SEBI reduces time gap between closure of public issue and listing of equity shares/convertibles
SEBI : Streamlining Process of Public Issue of Equity Shares and Convertibles
AO gets flak from ITAT for allowing sec. 54B relief without inquiring into usage of land for agricul
IT : Where while allowing deduction under section 54B, there was no enquiry whether land sold was used for agricultural purposes in last two years or not, assessment order passed by Assessing Officer was erroneous and prejudicial to interests of revenue inviting action under section 263
Friday, 13 November 2015
CBEC introduces new scheme for speedy disbursal of pending refund claims of service exporters
ST : Rule 5 Of The Cenvat Credit Rules, 2004 - Refund Of Cenvat Credit – Speedy Disbursal Of Pending Refund Claims Of Exporters Of Services Under Rule 5 Of Said Rules
No Swachh Bharat Cess if payment for services is received prior to Nov 15, 2015; Govt. clarifies
EXCISE : Clarifications on Swachh Bharat Cess
Protest letter can be filed even before superintendent of proper officer
Excise & Customs : Where duty has been paid under protest and protest was filed before Superintendent, same is substantial compliance for purposes of extension of time-limit to seek refund; non-filing of protest before Assistant Commissioner would not be fatal
Option of alternative service-tax rate is also available in case of Swachh Bharat Cess
ST/INDIAN ACTS & RULES : Service Tax (Second Amendment) Rules, 2015 – Amendment in Rule 6
Even an oral contract is enough for invoking provisions of sec. 194C
IT : Provisions of section 194C can be invoked where aggregate of payment to a particular contractor in an assessment year exceeds Rs. 50,000 and, it is not necessary that any single payment has to be in excess of Rs. 50,000
Reverse Charge mechanism shall be applicable for purposes of Swachh Bharat Cess
ST : Section 68 of the Finance Act, 1994 - Payment of Service Tax - Notified Taxable Services under Section 68(2) – Applicability of Notification No. 30/2012-St, Dated 20-6-2012 for Purposes of Swachh Bharat Cess Mutatis Mutandis
Swachh Bharat Cess is leviable only on abated value of taxable services
ST : Section 119 of the Finance Act, 2015 - Swachh Bharat Cess - Exemption to All Taxable Services From Payment Of Such Amount Of Swachh Bharat Cess Leviable Under Section 119(2) Of Said Act, Which Is In Excess Of Swachh Bharat Cess Calculated At Rate Of 0.5 Per Cent Of Value Of Taxable Services – Amendment In Notification No.22/2015-St, Dated 6-11-2015
CBDT to set-up a 'Taxpayers' Lounge' at Pragati Maidan Trade Fair, Delhi
IT/ILT : CBDT to Set up A Taxpayers' Lounge at India International Trade Fair, 2015 to Highlight Various Taxpayer-Friendly Initiatives taken by Income-Tax Department
Exp. Incurred by hotel to renovate rooms and conference hall held as revenue exp.
IT: Expenditure incured by a hotel on renovation is revenue expenditure
Co. having huge variation in profit margin from that of assessee-co. is excludible from comparables
IT/ILT: Where there is huge variation in profit margin of comparable company from that of assessee-company, said company should be excluded from comparable list
Transfer of chemicals from tankers into drums doesn't amount to manufacturing
Excise & Customs : 'Tankers' cannot be regarded as 'bulk packs'; therefore, receiving chemicals in tankers and transferring same to drums cannot be regarded as 'repacking from bulk pack to retail packs' and hence, said activity cannot amount to manufacture
Tuesday, 10 November 2015
Interest income of finance co. not taxable as other sources of income if it was held as business inc
IT : Interest income of finance co. not taxable as other sources of income if it was held as business income in earlier yrs
Retro amendment in sec. 115JA can't be deemed as reasons to believe that income has escaped assessme
IT: Retro amendment in section 115JA can't be deemed as reasons to believe that income has escaped assessment
Courses in Mass Communication, Management & IT are vocational courses; exempt from service tax
Service Tax : Courses in : (i) Mass Communication, (ii) International Business Management, (iii) Telecom Management, (iv) Information Technology, (v) Management Studies, (vi) Geo-informatics and (vii) Operational Management are 'vocational courses' and exempt from service tax
No TDS on interest paid to NR on FCCBs when borrowed sum was utilized by payer for its overseas busi
IT/ILT: Where assessee issued FCCB to foreign investors and remitted interest to them, since said money was utilized for overseas business of assessee, no income could be said to have accrued or arisen in India in hands of non-resident investors and, therefore, no TDS was deductible
Transfer of stock from warehouse of SEZ unit to branch in DTA is liable to Tamil Nadu VAT
CST & VAT: Tamil Nadu VAT - Where assessee set up a unit in SEZ area in Tamil Nadu for trading and wherehousing services for mobile phones, etc. and during year it purchased goods from another company located in same SEZ area and supplied them to its branches in other States by way of stock transfer, levy of purchase tax on inter-State stock transfer effected by assessee was justified
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