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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
SEZ

THE SPECIAL ECONOMIC ZONES ACT, 2005

No. Title
Short title, extent and commencement.
 
Definitions
 
Procedure for making proposal to establish Special Economic Zone
 
Establishment of Special Economic Zone and approval and authorisation to operate to, Developer.
 
Guidelines for notifying special Economic Zone
 
Processing and non-processing areas.
 
Exemption from taxes, duties or cess
 
Constitution of Board of Approval
 
Duties, powers and functions of Board
 
Suspension of letter of approval and transfer of Special Economic Zone in certain cases
 
Development Commissioner
 
Functions of Development Commissioner
 
Constitution of Approval Committee.
 
Powers and functions of Approval Committee.
 
Setting up of Unit.
 
Cancellation of letter of approval to entrepreneur.
 
Setting up and operation of Offshore Banking Unit
 
International Financial Services Centre.
 
Single application form, return, etc.
 
Agency to inspect.
 
Single enforcement officer or agency for notified offence.
 
Investigation, inspection and search or seizure.
 
Designated Courts to try suits and notified offences
 
Appeal to High Court
 
Offences by companies.
 
Exemptions, drawbacks and concessions to every Developer and entrepreneur.
 
Provisions of Income-tax Act, 1961 to apply with certain modification in relation to Developers and entrepreneurs.
 
Duration of goods or services in Special Economic Zones.
 
Transfer of ownership and removal of goods.
 
Domestic clearance by Units
 
Constitution of Authority
 
Officers of Authority and other staff
 
Special provision for transfer of officers or other employees to Authority.
 
Functions of Authority.
 
Grants and loans by Central Government.
 
Constitution of Fund and its application.
 
Accounts and audit.
 
Directions by Central Government.
 
Returns and reports.
 
Power to supersede Authority
 
Members, officers and other employees of Authority to be public servants.
 
Reference of dispute.
 
Limitation.
 
Applicability of provisions of this Act to existing Special Economic Zones.
 
Person to whom a communication may be sent under this Act.
 
Identity Card.
 
Autorités responsable for administration.
 
Protection of action taken in good faith.
 
Power to modify provisions of this Act or other enactments in relation to Special Economic Zones.
 
Power of State Government to grant exemption.
 
Act to have overriding effect.
 
Certain provisions not to apply.
 
Special Economic Zones to be ports, airports, inland container depots, land stations, etc., in certain cases.-
 
Amendment to First Schedule.
 
Power to make rules.
 
Power to remove difficulties.
 
Amendment of certain enactments.
 
Savings.
 
 
 
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