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Demand of duty – Suo-moto credit taken by appellant - the amount paid by mistake cannot be termed as duty in the case on hand - demand set aside. - Tri Import of IPR - Duty of customs or service tax - Import of imported drawings and designs along with the plant and machinery and capital goods - levy of service tax upheld - Tri Process of electroplating - process undertaken by the appellant amounts to manufacture and therefore they are not liable to pay service tax - Tri Appropriate rate of tax - Works Contract Service - 4% or 2% - the applicable rate of tax would be the rate which was prevalent prior to 01.03.2008 - instruction dated 28.04.2008 is invalid - HC Section 40(a) (ia) would cover not only to the amounts which are payable as on 31th March of a particular year but also which are payable at any time during the year. - HC The proceedings in the Parliament, its debates and even the speeches made by the proposer of a bill are ordinarily not considered as relevant or safe tools for interpretation of a statute. - HC Disallowance u/s 40(a)(ia) - TDS - the decision of the Tribunal in the case of M/s. Merilyn Shipping & Transports vs. ACIT (2012 (4) TMI 290 - ITAT VISAKHAPATNAM), does not lay down correct law - HC Addition made on estimating the consumption of electricity, production, sale and profit thereon is not sustainable. - Tri Exemption u/s 10(37) - agricultural land - Merely because the assessee was not residing close to the land or was also pursuing some other business would not by itself be sufficient to hold that the land was not used for agricultural purposes by the assessee. - HC EOU - If the interest expenditure is less or the interest income is more then the difference of excess interest received by the assessee is to be reduced while calculating the deduction under Section 10B. - Tri Disallowance of interest, DEMAT charges, Membership Subscription out of short term capital gain - disallowance so made by the AO is pre-mature - Tri Addition u/s 69B - valuation - unaccounted 5 paintings, Branded watches & 14 items of house-hold items & Melectronic goods ie TVs, Music Systems, ACs etc - absurd assessment of value of impugned items is not appreciable - Tri Section 50C applies to the seller i.e. transferor of the capital asset being land or building or both - the transferee or the purchaser is outside the scope of these provisions - Tri Expenditure incurred on play ground - leasehold land - One day, the leased land has to go back to the MHADA. - the expenditure constitutes revenue expenditure - Tri Misleading advertisements as regards issue of buy-back as well as bonus shares - Direction to SEBI to launch an investigation into the alleged misleading and/or fraudulent advertisement by VCL no doubt is acceptable as SEBI is duly authorized by the SEBI Act, 1992 to do so - Tri Cenvat Credit - allegation of non receipt of inputs - No manufacturer can be expected to keep documentary evidences of its clandestine activities. - demand confirmed - Tri Rejection of Refund claim - unjust enrichment - In case, department still persists that the element of excise duty has been recovered by the appellant from the Railways then it should have further conducted investigated the verifications to refute the documents submitted by the appellants. - Tri CENVAT credit on capital goods - steel plates and M.S.Channels used in the fabrication of chimney would fall within the ambit of “capital goods“ - Tri

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FEMA - Forms

FEMA

Form No.	Form Title
A1	APPLICATION FOR PAYMENT THROUGH ASIAN CLEARING UNION

Form FC - GPR	Issue of Shares of non-residents under Automatic Route of RBI

A1	Application for Remittance in Foreign Currency

A1	APPLICATION FOR TRANSFER OF INDIAN RUPEES TO THE ACCOUNT OF A NON-RESIDENT BANK

A2	APPLICATION FOR DRAWAL OF FOREIGN EXCHANGE

A3	(TO BE COMPLETED FOR TRANSFER OF RUPEES FROM/TO THE ACCOUNT OF A NON-RESIDENT BANK OTHER THAN FOR TRANSACTIONS WITH THE PUBLIC IN INDIA)

A4	TO BE COMPLETED FOR DEBITS AND CREDITS TO NON-RESIDENT ACCOUNTS OF ALL TYPES OTHER THAN THE ACCOUNTS OF NON-RESIDENT BANKS, REQUIRING APPROVAL OF RESERVE BANK OR FOR REPORT TO RESERVE BANK

Annex II	Monthly Report to be submitted by the AD-Category II for the month of ________

Annex II	Statement – Details of Forward contracts booked and cancelled

Annex III	Statement of Nostro/Vostro Balances for the month of

Annex IV	Cross- currency derivative transactions - statement for the half-year ended….

Annex IX	Booking of forward contracts on past performance basis-

Annex V	Report on exposures of corporates in foreign currency

Annex VI	Statement giving details of import / export turnover, overdues, etc.

Annex VII	Reports on Foreign Currency- Rupee Options

Annex VIII	Report of Overseas Foreign Currency Borrowings by AD Cat-I banks

Annex XII	Statement – Details of Forward cover undertaken by FII clients

Annexure ‘C’	Return to be filed by an Indian company who has arranged issue of GDR/ADR

Annexure ‘D’	Quarterly Return

BAL	Statement of foreign currency balances held abroad by authorised dealers and balances held in non-resident rupee/ACU Dollar accounts of overseas branches and correspondents as at the end

FFMC/ AD Cat-II	Statement of the amount of foreign currency written off during the financial year ended _________

FLM 8 - ADs Cat-II	Summary statement of purchases and sale

FLM 8 - For FFMCs	Summary statement of purchases and sales to foreign currency notes during the month of .______________200

Form	Report on exposures of corporates in foreign currency

Form	Application for obtaining permission to enter into

Form	Statement showing details of remittances received through Money Transfer Scheme during the quarter ended ______

Form	Statement of Purchase transactions of USD 10,000 and above for the month of _______

Form	WEEKLY REPORTING OF LONG TERM FOREIGN CURRENCY RUPEE SWAPS FOR THE WEEK FROM TO

Form	Statement showing summation of Foreign Currency Account opened out of export proceeds of Foreign Currency Notes/ encashed Travellers Cheques for the quarter ended __

Form	Statement on Commodity Hedging- Domestic Transactions

FORM 83	Reporting of loan agreement details under Foreign Exchange Management Act, 1999

FORM AB	SOFTWARE EXPORT DECLARATION (SOFTEX) FORM

FORM APR	Annual Performance Report (APR) on the functioning of Indian Joint Venture (JV) Wholly owned Subsidiary (WOS) abroad for the year ended (Accounting year of the JV/WOS

FORM BCI	Certificate of Foreign Inward Remittance

FORM BCX	CERTIFICATE OF EXPORT

FORM BEF	Statement showing details of remittances affected towards import in respect of which documentary evidence of import has not been submitted by the importers despite reminders

FORM CDF	CURRENCY DECLARATION FORM (CDF)

FORM DSP	Sale of shares/bonds/debentures of Indian companies by non-residents of Indian nationality/origin and overseas bodies predominantly owned by such persons and disposal of sale proceeds thereof in terms of permissions granted by the Reserve Bank of India — Statement for the quarter ended __________20_

FORM EBW	Statement showing particulars of export bills permitted to be written off For the year ended 31st December ________________

Form ECB	APPLICATION FOR RAISING EXTERNAL COMMERCIAL BORROWINGS UNDER APPROVAL ROUTE

FORM ECB2	REPORTING OF ACTUAL TRANSACTIONS OF ECB UNDER FOREIGN EXCHANGE MANAGEMENT ACT, 1999

Form ECF	Encashment Certificate

Form ECR	Encashment Certificate

Form ECT	Application for permission for export of commodities on elongated credit terms beyond 180 days

Form EMG	Application for seeking emigration facilities

Form ENC	Statement of Export Bills negotiated/sent for collection during fortnightly period from_________________ to______________ (to cover all exports under outright sales, consignment exports, exports under deferred payment arrangement or any other arrangement)

Form ETX	Application for permission to extend the period for realisation of export proceeds

FORM FC -2	Application for seeking prior permission of the Central Government to accept foreign hospitality:

FORM FC-10	Application for seeking permission for transfer of foreign contribution to other registered/un-registered persons:

FORM FC-3	Application for ‘registration’ under section 11(1) of the Foreign Contribution (Regulation) Act, 2010 for the acceptance of foreign contribution by an Association having definite cultural, economic, educational, religious or social programme:

FORM FC-4	Application for ‘prior permission’ under sub-section (2) of section 11 of the Foreign Contribution (Regulation) Act, 2010 (42 of 2010) for the acceptance of foreign contribution by an Association having definite cultural, economic, educational, religious or social programme:

FORM FC-5	Application for seeking renewal of ‘registration certificate’ under section 13 of the Foreign Contribution (Regulation) Act, 2010 (42 of 2010). (Application for renewal to be submitted six months before the date of expiry of the certificate of registration):

FORM FC-6	Account of Foreign Contribution for the year ending on the 31st March …………………

FORM FC-7	Intimation about Foreign Contribution (Articles) Account:

FORM FC-8	Intimation about foreign contribution (securities) Account:

FORM FC-9	Intimation to the Central Government of Receipt of Foreign Contribution received by a candidate for Election [section 21 of the Foreign Contribution (Regulation) Act, 2010 (42 of 2010):

FORM FC-I	Intimation to the Central Government of receipt of foreign contribution by way of gift from relative:

Form FC-TRS	Declaration regarding transfer of shares of by way of sale from resident to non resident/non-resident to resident

Form FFMC	APPLICATION FORM FOR FFMC LICENSE UNDER SECTION 10(1) OF FEMA, 1999

Form FNC 1	Establishment in India of a branch or office or other place of business by a person resident outside India

Form FT (RBI)	Application for approval of foreign technology transfer

Form FTD	Statement showing daily turnover of foreign exchange

Form FXT	Statement showing the details of turnover of foreign exchange business done on all-India basis by _________________________________(authorised dealer’s name) (including all its branches dealing in foreign exchange) during the year ending 31st March, 20.

Form GPB	Statement showing gaps position and cash balances

Form GR-ORG	EXCHANGE CONTROL DECLARATION (GR) FORM NO.

Form IPI	Declaration of immovable property acquired in India by a person resident outside India

Form LEC (FIIs)	Statement showing company-wise details of total purchases and sale of equity share/convertible debentures made by designated branch of_______ on_____________________ on behalf of Foreign Institutional Investors through stock exchanges in India and out of issues directly made

Form LEC (NRIs)	Statement showing company-wise details of total purchases and sales of equity shares/convertible debentures made through designated branches of ADs under Portfolio Investment Scheme on behalf of their NRI/OCB clients

Form LEG	Application for remittance of legacies, bequests or inheritances to beneficiaries resident outside India

Form NRSR	Application-cum-Undertaking form for opening of Non-Resident (Special) Rupee (NRSR) Account

Form OAC	Proforma of Overseas Auditor/Chartered Accountant/Certified Public Accountant's Certificate

Form OAC 1	Proforma of Overseas Auditor/Chartered Accountant/ Certified Public Accountant's Certificate

Form OBR	Application for permission to post a representative/establishoffice/branch overseas

Form ODA	Direct Investment in Joint Venture (JV)/wholly owned subsidiary (WOS) abroad under Automatic Route

FORM ODI	FORM OVERSEAS DIRECT INVESTMENT (ODI)

Form POS	Statement of Positions for the week ended _______ 20______

Form PP	Exchange Control (Exporter’s Declaration) (Original)

Form R - Supplementary Return	Supplementary statement of Non-Export Receipts equivalent of Rs. 1,00,000/- and above

Form R-Return (NOSTRO)	Return of transactions for the fortnight ended

Form R-Return (VOSTRO)	Return of operation of VOSTRO Accounts for the fortnight ended

Form RBM 1	Offer for spot sale of U.S. dollars to the Reserve Bank of India

Form RBM 2	Offer for purchase of U.S. dollars from Reserve Bank of India

Form REC	Statement showing position of unreconciled entries in Nostro Accounts as on 31 March/30 September _____

Form RFC	APPLICATION FOR OPENING AN RFC ACCOUNT

Form RFN	Application for transfer of assets by foreigners retiring from India

Form RMC – F	RESTRICTED MONEY CHANGER

Form RRD	Special report on rupee dealings with overseas banks for the month of_____________

Form SCH 1	Schedule of remittances effected for/credits afforded to Vostro A/c towards payments of imports [Item I.A. of R-Return (NOSTRO)/Col. 3(a) of R-Return (VOSTRO)]

Form SCH 2	Schedule of remittances effected for purposes other than imports [Item I.C. of R-Return (NOSTRO)/Col. 4 of R-Return (VOSTRO)]

Form SCH 3	Schedule giving particulars of GR/PP/SOFTEX forms where full payment has been received [Item IIA of R-Return (NOSTRO)/Column 7 of R-Return (VOSTRO)]

Form SCH 4	Schedule giving details of GR/PP/SOFTEX forms where part payment has been received [Item IIA of R-Return (NOSTRO)/Column 7 of R-Return (VOSTRO)]

Form SCH 5	Schedule giving details of full export proceeds received in advance [Item IIA of R-Return (NOSTRO)/Column 7 of R-Return (VOSTRO)]

Form SCH 6	Schedule giving details of part export proceeds received in advance [Item IIA of R-Return (NOSTRO)/Column 7 of R-Return (VOSTRO)]

Form SDF	Declaration by Exporter

Form STAT 10	Statement showing inflow/outflow of deposits under Resident Foreign Currency (RFC) Accounts Scheme for the month of..

Form STAT 5	Statement showing inflow/outflow of deposits under Foreign Currency (Non-Resident) Accounts (Banks) Scheme for the month of

Form STAT 6	Statement showing purchase of exchange in the form of travellers cheques, currency notes and coins and drawings under inward travellers letters of credit during the quarter ended

Form STAT 8	Statement showing inflow/outflow of deposits under Non-Resident (External) Rupee (NRE) Accounts Scheme for the month of _____________

Form STAT 9	Statement showing inflow/outflow of deposits under Non-resident (Non-repatriable) Rupee Deposit (NRNR) Scheme for the month of............

Form TCD	Foreign Collaboration Agreement - Return for the year ended 31st December......

Form TCK	Certificate for Payment of Technical know-how fee under Foreign Technical collaboration

Form TCR	Certificate for payment of royalty under foreign technical collaboration

Form TRA	Statement of sale of foreign currency for travel purposes

Form TS 1	Application for Transfer of shares of a company registered in India by a non-resident to a person resident in India

Form XOS	Statement of particulars of export bills outstanding beyound the prescribed period/due date of realisation as at 30th June/31st December 20_____

Statement A	RDA

Statement B	Statement B. RDA

Statement C	Monthly statement regarding particulars of Exchange House account held at overseas branches of Indian banks (ADs Cat-I)

Statement D	Statement D. RDA

Statement E	Statement showing inflows of foreign currency through Exchange Houses

TC	Approvals of Trade Credit granted by all branches during the (Month / Year)…………

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