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Refund claim denied - period of limitation - cause of action arose only on 15/11/06, when they paid for the second time as a result of audit objection - refund claim is withing period - Tri Rejection of Refund claim – appellant filed under protest letter on 7.1.1987. - after two days they filed six nos. classification lists - thus, the under protest letter has no effect in the eye of law - Tri An educational qualification recognized by law will not cease to be recognized by law merely because for practicing in the field to which the qualification relates, a further examination held by a body regulating that field of practice is to be taken. - HC Fulfillment of export obligation – it is not open to the customs authorities to presume that extension of the LOP would be granted by the Development Commissioner to facilitate evasion of duty. - HC Merely because the CIT is having a different view, the same would not entitle him to initiate revision proceedings u/s 263, if the view taken by the assessing officer is one of the possible views. - Tri Repayment of capital balance in cash would not attract the provisions of sec. 269T since it does not constitute loan or deposit. - Tri Penalty u/s 271E - violation of sec. 269T - the interest amount and the principal amount were paid in two different occasions - each amoount less then Rs. 20,000 - No penalty - Tri Disallowance under section 14A required finding of incurring of expenditure and where it was found that for earning exempted income no expenditure had been incurred, disallowance under section 14A could not stand. - Tri Disallowance u/s 40(a)(ia) - non deduction of TDS - If the element of income cannot be established, provisions of section 40(a)(ia) cannot be invoked - Tri Gift of immovable property - assessee's brothers and mother have gifted their 1/8th undivided share - very heavy burden lies on the department to prove that it is not the real one - Tri Addition on account of negative stock - The quantitative details as submitted duly explained that there was no negative stock in any of the month. - Tri Rate of tax on the sale of Copper Wire Bars and Copper Cathods - whether would be charged and retained @ 4% or 1% - chargeable at 1%. - HC Appeal u/s 483 – modification sought by the appellant is against the fabric of the Scheme and in the domain of modifications of the Scheme and not of modification for working of the Scheme. - non-compliance of Section 2(19AA), would not render the Scheme unworkable. - HC Since the Director of the appellant-company was actively involved in the day to day activity of the appellant-company penalty on him under Rule 26 has been correctly imposed. - Tri In absence of direct or indirect involvement of the Managing Director in the clandestine removal of the goods no personal penalty under Rule 26 is imposable on him. - Tri Cenvat Credit denied - galvanization does not amount to the manufacture - The duty paid on the G.P. Coils etc., is more than Cenvat Credit taken and needs to be adjusted against the demand of the Cenvat Credit. - Tri Extended period of limitation - in cases of intention to evade duty relevant date for computation of extended period for show cause is the date of knowledge - Tri Rejection of transaction value and enhancement of assessable value has to be on the basis of some evidences on record. - NIDB data cannot be made the basis for enhancement of value - Tri    Left Stop Right
DGFT

SCHEDULE- 2 - EXPORT POLICY

APPENDIX – I
  List of Wild Life entries in Wild Life (Protection) Act, 1972
APPENDIX – II
  Appendix I (Prohibited Species) and Appendix II (Endangered Species) of Convention on International Trade in Endangered Species of Wild Flora (CITES)
APPENDIX – III
  Special Chemicals, Organisms, Materials, Equipment and Technologies (SCOMET) export of which is regulated
APPENDIX-IV
  Export of Finished Leather- Revised Leather Norms
C. No. 00 - Table - A
  Goods Falling in More than One Chapter of ITC (HS) Classification
Chapter No. 01
  Live Animals
Chapter No. 02
  Meat and Edible Meat Offal
Chapter No. 03
  Fish and Crustaceans, Molluscs and other Aquatic Invertebrates
Chapter No. 04
  Dairy produce; bird's eggs; natural honey; edible products of animal origin, not elsewhere specified or included
Chapter No. 05
  Products of Animal Origin
Chapter No. 06
  Live Trees and other Plants; Bulb, Roots and the Like; Cut Flowers and Ornamental Foliage
Chapter No. 07
  Edible Vegetables and Certain Roots and Tubers
Chapter No. 08
  Edible Fruit and Nuts; Peel of Citrus Fruit or Melons
Chapter No. 10
  Cereals
Chapter No. 11
  Products of the milling industry; malt; starches; inulin; wheat gluten
Chapter No. 12
  Oils Seeds and Oleginous Fruits; Miscellaneous Grains, Seeds and Fruit; Industrial or Medicinal Plants; Straw and Fodder
Chapter No. 13
  Lac, Gums, Resins and Other Vegetable Saps and Extracts
Chapter No. 14
  Vegetable Plaiting Materials, Vegetable Products not elsewhere specified or included
Chapter No. 15
  Animal or Vegetable Fats and Oils and their Cleavage Products; Prepared Edible Fats; Animal or Vegetable Waxes
Chapter No. 17
  Sugars and Sugar Confectionery
Chapter No. 20
  Preparations of Vegetables, Fruits, Nuts or Other parts of Plants
Chapter No. 23
  Residues and Waste from the Food Industries; Prepared Animal Fodder
Chapter No. 25
  Salt; Sulphur; Earths and Stone; Plastering Materials, Lime and Cement
Chapter No. 26
  Ores, Slag and Ash
Chapter No. 27
  Mineral Fuels; Mineral Oils and Products of their Distillation; Bituminous Substances; Mineral waxes
Chapter No. 28
  Inorganic Chemicals; Organic or Inorganic Compounds of Precious Metals, of Rare-Earth Metals, of Radioactive Elements of Isotopes
Chapter No. 29
  Organic Chemicals
Chapter No. 30
  Pharmaceutical Products
Chapter No. 31
  Fertilisers
Chapter No. 32
  Tanning or Dyeing Extracts; Tannings and their Derivatives; Dyes, Pigments and other Colouring Matter; Paints and Varnishes; Putty and other Mastics; Inks
Chapter No. 33
  Essential Oils and Resinoids; Perfumery, Cosmetic or Toilet preparations
Chapter No. 35
  Albuminoidal substances; modified starches; glues; enzymes
Chapter No. 38
  Miscellaneous Chemical Products
Chapter No. 40
  Rubber and Articles thereof
Chapter No. 41
  Raw Hides and Skins (other than Furskins) and leather
Chapter No. 44
  Wood and Articles of Wood; Wood Charcoal
Chapter No. 47
  Pulp of Wood or of other Fibrous Cellulosic Material; Waste and Scrap of Paper or Paperboard
Chapter No. 50
  Silk
Chapter No. 52
  Cotton
Chapter No. 84
  Nuclear Reactors, Boilers, Machinery and Mechanical Appliances; Parts thereof
Chapter No. 87
  Vehicles other than Railway or Tramway Rolling Stock, and Parts and Accessories thereof
Chapter No. 92
  Musical Instruments Parts and Accessories of such articles
Chapter No. 93
  Arms and Ammunition; Parts and Accessories thereof
Chapter No. 96
  MISCELLANEOUS MANUFACTURED ARTICLES
Chapter No. 97
  Miscellaneous Goods
General Notes
  General Notes to Export Policy – Goods under Restrictions
 
 

 

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