Revision of customs duties on certain items : ** : Exempts certain taxable services specified in the Schedule received by an exporter and used for export of goods - Conditions relaxed : ** : Companies Bill, 2008 - auditors should face severe consequences (unlimited liability) in case of contravention : ** : Whether transfer of Banking Undertaking on the facts and circumstances of this case gave rise to taxable capital gains - matter of AY 1970-71 solved now : ** : Where net amount is received after adjustment - Whether such amount of adjustment is taxable as revenue receipt : ** : Whether supply of printed material as per specification attracts TDS under section 194C : ** : Scope of provisions of section 43B in respect of Deduction of an expenditure on actual payment basis : ** : Service Tax on Advance Receipt of payments for the services to be provided before introduction of new levy : ** : Whether a tour operator can claim reimbursement of service tax on supplementary services like of arranging guide services, monument visit services, porter services, food services, general assistance services etc. on the ground that principle operatory has paid service tax on the entire amount? : ** : Whether service tax paid on GTA service in relation to Export of goods from factory premises to port is eligible for Cenvat Credit? : ** :
Recent Cases:-
 
  Welcome
Friday, November 21, 2008
 
Cabinet approves Notifications to the Trade Marks (Amendment) Bill, 2007 - See in News / RSS Feed Amends notification no. 41/2007 - ST - Exempts certain taxable services specified in the Schedule received by an exporter and used for export of goods - See Notification No. 32/2008 Dated: November 18, 2008 - Service Tax Amends notification no. 21/2002 Customs dated 1-3-2002 - Effective rate of duty - imposes 5% import duty on steel items and 20% on crude soyabean oil - See Notification No. 122/2008 Dated: November 18, 2008 - Customs Amendment in the Special Economic Zones Rules, 2006. - See Notification No. S.O. 2661 (E) Dated: November 14, 2008 - SEZ Revised procedure for inspection - See INSTRUCTION NO. 16/2008 Dated: November 4, 2008 - Income Tax Revised system of Review of assessments - See INSTRUCTION NO. 15/2008 Dated: November 4, 2008 - Income Tax Clarification regarding reversal of Cenvat Credit in case of trade discount -reg. - See Circular No. 877/15/2008-CX Dated: November 17, 2008 - Central Excise CBEC amends tariff value of Poppy seeds and brass scrap - Amendment in Notification No. 36/2001 Cus (NT) dated 3/8/2001 - See Notification No. 127/2008 Dated: November 17, 2008 - Customs Exim Bank's Line of Credit of USD 25 million to the Government of the Syrian Arab Republic - See Circular No. 36/2008 Dated: November 14, 2008 - FEMA Computation of Value under Section 14 for Levy of Export Duty - See Circular No. 18/2008 Dated: November 10, 2008 - Customs Remittance related to Commodity Derivative Contract Issuance of Standby Letter of Credit / Bank Guarantee - See Circular No. 35/2008 Dated: November 10, 2008 - FEMA Foreign Exchange Management (Deposit) Regulations, 2000 Credit to Non Resident (External) Rupee Accounts - Clarification - See Circular No. 34/2008 Dated: November 10, 2008 - FEMA Amendment in Import Licensing Note (7) of Chapter 87 - See Notification No. 56 (RE-2008)/2004-09 Dated: November 7, 2008 - DGFT Organization M/s Stephen's Hospital Society, (Administration of the Synodical Board of Health Services - CNI) Tis Hazari, Delhi has been approved by the Central Government for the purpose of clause (ii) of sub-section (1) of section 35 of the Income-tax Act, 1961 - See Notification No. 103/2008 Dated: November 3, 2008 - Income Tax Acquisition and transfer of immovable property in India by a person resident outside India - See in News / RSS Feed DEPB rates notified for the year 2008-09 vide Public Notice No. 102 dated 5/11/2008 - DGFT Products under High Tech Products Export Promotion Scheme in Appendix 37E of HBP Vol.1 enlarged (Amendment in Appendix 37E) - See Public Notice No. 101 (RE 2008)/2004-2009 Dated: November 4, 2008 - DGFT Air pellets of air rifles or air pistols, of 0.177 Calibre exempted from import duty (Amendment in Notification No. 21/2002 dated 1/3/2002) - See Notification No. 120/2008 Dated: November 4, 2008 - Customs Ban on export of non-basmati rice shall not be applicable to Nigeria, Senegal, Ghana & Cameron - See Notification No. 53 (RE - 2008)/2004-2009 Dated: November 4, 2008 - DGFT Exim Bank's Line of Credit of USD 20 million (as 1st tranche of USD 80 million ) to the Government of the Republic of Rwanda - See Circular No. 33/2008 Dated: November 5, 2008 - FEMA Exim Bank's Line of Credit of USD 33 million to the Government of Lao People's Democratic Republic (Lao PDR) - See Circular No. 32/2008 Dated: November 5, 2008 - FEMA Exim Bank's Line of Credit of USD 25.5 million to the Government of Cote d'Ivoire - See Circular No. 31/2008 Dated: November 5, 2008 - FEMA Exim Bank's Line of Credit of USD 10.59 million to Government of Suriname - See Circular No. 29/2008 Dated: November 5, 2008 - FEMA Exim Bank's Line of Credit of USD 100 million to the Government of the Democratic Socialist Republic of Sri Lanka - See Circular No. 30/2008 Dated: November 5, 2008 - FEMA Exim Bank's Line of Credit of USD 30 million to the African Export-Import Bank (Afreximbank) - See Circular No. 28/2008 Dated: November 5, 2008 - FEMA Extension of filing of Delhi VAT return and CST return for the quarter/month ended 30th September 2008 - to 5th November 2008 - See Notification No. F.3(151)/Policy-II/VAT/Misc./2008/482-493 Dated: October 22, 2008 - VAT - Delhi Limited Liability Partnership Bill, 2008 passed by Rajya Sabha - ALL SIDES SUPPORT THE BILL - See in News / RSS Feed Amendments in the Income-tax Rules, 1962 - Rule 17C amended - See Notification No. 99/2008 Dated: October 22, 2008 - Income Tax Amendments in the Income-tax Rules, 1962 - New rule 18DDA and Form 10CCBD inserted - See Notification No. 98/2008 Dated: October 22, 2008 - Income Tax External Commercial Borrowings policy reviewed - See in News / RSS Feed Limited Liability Partenership Bill, 2008 - See in News / RSS Feed External Commercial Borrowings Policy: Liberalisation - See Circular No. 26/2008 Dated: October 22, 2008 - FEMA Basis of levy of additional Customs duty (CVD) on import of Readymade Garments - Clarification - regarding - See Circular No. 17/2008 Dated: October 21, 2008 - Customs Amendment in General notes of ITC Import tariff - See Public Notice No. 96 (RE :2008 )/2004-2009 Dated: October 22, 2008 - DGFT Amends Notification No.159/2003-Customs, dated the 24th October, 2003, regarding anti-dumping duty on Vitamin C, originating in or exported from the People's Republic of China - See Notification No. 109/2008 Dated: October 21, 2008 - Customs Amendment in Pan Masala Packing Machines (Capacity Determination and Collection of Duty) Rules, 2008 - See Notification No. 45/2008 Dated: October 20, 2008 - Central Excise(NT) Whether Board Circular is binding upon the revenue even if it interprets the provisions contrary to the Supreme Court's Judgment - See in TMI Commentaries Cenvat Credit on Input Services used in Trading Activity as well as taxable services activity - See in TMI Commentaries Issue pertaining to CNG manufacturers - See Circular No. 875/13/2008-CX Dated: October 16, 2008 - Central Excise Allocation of FII Investment between debt and equity - See Circular No. 25/2008 Dated: October 17, 2008 - FEMA
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Records 1 to 15 of 878
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Issue ID = 963
Submitted on : - 20-11-2008
Submitted by: - Paawan
We are involved in trading activities. We are importing goods and selling to industries through distributors.Some of products inported by us are falling under MRP based assessment as defined in Appendix XI of CE Tariff.Pls clarify whether: 1- Can we fix the lables at our trading premises. If it amount to mfr than where we can do it? 2- Can we fix the MRP labels on existing stock on which we have paid CVD on transaction basis but it covered under MRP? 3- Products not defined under Appendix XI are also require to fix MRP lable as we are selling in packages? 4. If we fix the lables on all products (MRP+Non MRP)than are we liable to pay CVD on MRP basis on Non MRP products also?
   
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__________________________________________________
Issue ID = 962
Submitted on : - 19-11-2008
Submitted by: - jaydeep
Is it permissable to debit edu cess from CENVAT credit of BED ?
   
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__________________________________________________
Issue ID = 961
Submitted on : - 18-11-2008
Submitted by: - Sanjib Kothari
Recently one of our customer in Jharkhand State issued C Form for the Q.E 30.9.2008 covering our Invoice for that qtr but deducted the CST amount while preparing the said C Form. We objected, but they replied that this is the standard practice there and advised by their Sales Tax Officer. What CST law says in this matter. Kindly advice.
   
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__________________________________________________
Issue ID = 960
Submitted on : - 18-11-2008
Submitted by: - rahul
Dear Sr, We are a manufacturing unit we are doing a forging activity we have Bogie Furnace for heat treatment and other activity we have purchase Tray casting for our Furnace under chapter heading 73259920 my question is shall i take the cenvat benifit for that Tray cating the name of the Excisable goods is Casting & casting articles of Alloy Steel under chapter heading 73259920 we have use that tray for heat treatment and other activity job in the furnace please tell me shall we take the cnevat in capital goods.
   
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__________________________________________________
Issue ID = 959
Submitted on : - 17-11-2008
Submitted by: - SAM KURUVILLA
Dear sir, Pls send the details of caselaw :" Tamil nadu(Kumbakonam) Transport corporation Vs. CCE chennai Cestat (2007)" CA SAM KURUVILLA
   
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__________________________________________________
Issue ID = 958
Submitted on : - 16-11-2008
Submitted by: - Deepak Goel
Please tell me whether VAT and Service Tax will be charged on Computer Software License under Information Technology Service. If yes, then there is any notification/ circular under Delhi VAT and service tax. Deepak Goel
   
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__________________________________________________
Issue ID = 957
Submitted on : - 14-11-2008
Submitted by: - Piyush Jain
As per notification 36/2001 CE (NT) dt 26.6.01 amended by 40/2008 CE (NT) dt 29.9.08, revise declaration to be filed by 31.10.08. Our sales for the Acct. Year 07-08 as per Balance Sheet is Rs.62.24 lacs, though we have already filled our regular declaration 1st week of April 08. Do we have to file revise declaration as per new format
   
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__________________________________________________
Issue ID = 956
Submitted on : - 14-11-2008
Submitted by: - Murthy
Our company has taken office for rent besides rent we are paying electricity charges to landlord ( Company) as per their own invoice raised by them for electricity, they are not providing supportings for electricity bill and rate per unit is agreed between lessor and less. Should we make TDS on this bill or nor ? if yes under what section ?
   
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__________________________________________________
Issue ID = 955
Submitted on : - 13-11-2008
Submitted by: - Sarwan Agarwal
Dear Sir, my qurrey is on Section 79 of the I. Tax Act. A Pvt. Ltd. company having three share holders say X holding 500 shares, Y holding 1000 Shares and Z holding 1500 shares on the last day of previous year on which loss was incurred. In the year of set off the same X, Y and Z held the shares but now x holds 5000 shares (increase by issue of addittioal 4500 shares)the othe holding the same nos. Now the Question is whether loss is permitted to be set off. Plz site some case law if possioble. Regds
   
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__________________________________________________
Issue ID = 953
Submitted on : - 11-11-2008
Submitted by: - d.v. gupta
if a dealer opts composition scheme under vat act having sale of Rs 30lacs (including 4% sale Rs 7.50 Lacs And Rs.22.5 lac vat free sale).Is the dealer liable to deposit composition tax 1% at total sale of Rs. 30Lac or On Rs 7.5 lac .
   
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__________________________________________________
Issue ID = 952
Submitted on : - 06-11-2008
Submitted by: - DEBABRATA ROY
Very specific answer wanted Whether Promoters/Builders works under joint venture with land lord for construction of flats and selling out later are subjected to Services tax taking into consideration the decision of court a) Raheja Construction and b) Megas construction
   
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__________________________________________________
Issue ID = 951
Submitted on : - 06-11-2008
Submitted by: - DEBABRATA ROY
A proprietor does provide services to domestic as well overseas client in the form of a)website designing b)Web site maintenance .Is this service taxable and if so under what category
   
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__________________________________________________
Issue ID = 950
Submitted on : - 05-11-2008
Submitted by: - Sanjana
Ihave made a provision for Tax of Rs 15,000 but next year made a payment of Rs 18,000. I was told Rs 3,000 is to be disallowed this year. But am unable to know under which section?
   
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__________________________________________________
Issue ID = 949
Submitted on : - 05-11-2008
Submitted by: - sunil jain
Plz provide interpretation of section 2(1)(zc)vi
   
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__________________________________________________
Issue ID = 948
Submitted on : - 03-11-2008
Submitted by: - Bhuvnesh
Dear Freinds, In ITR Forms for AIR details limit of Rs.2 Lacs for credit card is for a single credit card or all credit cards put toghether. Is there any clarification from CBDT if so please give Notification/ circular no. Best Regards
   
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