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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
FEMA

FOREIGN CONTRIBUTION (REGULATION) ACT, 2010

Show Chapter Wise
No. Title
Short title, extent, application and commencement.
 
Definitions.
 
Prohibition to accept foreign contribution.
 
Persons to whom section 3 shall not apply.
 
Procedure to notify an organization of a political nature.
 
Restriction on acceptance of foreign hospitality.
 
Prohibition to transfer foreign contribution to other person.
 
Restriction to utilize foreign contribution for administrative purpose.
 
Power of Central Government to prohibit receipt of foreign contribution, etc., in certain cases.
 
Power to prohibit payment of currency received in contravention of the Act.
 
Registration of certain persons with Central Government.
 
Grant of certificate of registration.
 
Suspension of certificate.
 
Cancellation of certificate.
 
Management of foreign contribution of person whose certificate has been cancelled.
 
Renewal of certificate.
 
Foreign contribution through scheduled bank.
 
Intimation
 
Maintenance of accounts.
 
Audit of accounts.
 
Intimation by candidate for election.
 
Disposal of assets created out of foreign contribution.
 
Inspection of accounts or records
 
Seizure of accounts or records.
 
Seizure of article or currency or security received in contravention of the Act.
 
Disposal of seized article or currency or security.
 
Seizure to be made in accordance with Act 2 of 1974.
 
Confiscation of article or currency or security obtained in contravention of the Act.
 
Adjudication of confiscation.
 
Procedure for confiscation.
 
Appeal
 
Revision of orders by Central Government.
 
Making of false statement, declaration or delivering false accounts.
 
Penalty for article or currency or security obtained in contravention of section 10.
 
Punishment for contravention of any provision of the Act.
 
Power to impose additional fine where article or currency or security is not available for confiscation.
 
Penalty for offences where no separate punishment has been provided.
 
Prohibition of acceptance of foreign contribution.
 
Offences by companies.
 
Bar on prosecution of offences under the Act.
 
Composition of certain offences.
 
Power to call of information or document.
 
Investigation into cases under the Act.
 
Returns by prescribed authority to Central Government.
 
Protection of action taken in good faith.
 
Power of Central Government to give directions.
 
Delegation of powers.
 
Power to make rules.
 
Orders and rules to be laid before Parliament.
 
Power to exempt in certain cases.
 
Act not to apply to certain Government transactions.
 
Application of other laws not barred.
 
Power to remove difficulties.
 
Repeal and saving.
 
 
 
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