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Payment of commission to relatives for the services rendered by them for promoting sales. - genuineness of commission established - deduction allowed - HC Rejection of the application for registration – Manufacture of cigarettes - No condition regarding issue of licence under IRDA Act by Ministry of Commerce and Industry, before the issue of Central excise registration certificate - refusal of registration is incorrect - Tri Penalty u/s 78 - Changeability of service tax on rent income classifiable under the category of Renting of Immovable Property. - penalty imposed set aside. - Tri Construction of complex - several quarters - different buildings in the same compound. - None of the buildings had more than 12 flats in each building - Prima facie case in favor of assessee - pre deposit waived. - Tri Retreading of old tyres - Maintenance and Repair service - benefit of Notification No. 12/2003-S.T., dated 20-6-2003 - prima facie case is against the assessee - stay granted partly. - Tri Condonation of delay in filing the appeal - assessee is not a company placed with experts advising - Assessee is only an individual which must be appreciated - Delay condoned - Tri Grossing up of the expenditure with TDS amount for claiming deduction - Non reimbursable tax paid to Master Cards/Visa Cards included under the head “Operating Expenses“ - Claim allowed - Tri It is not open to the Revenue to accept a judgement in the case of an assessee and challenge its correctness in the case of any other assessee without just cause. - Tri Income u/s 2(24) - exercising of voting rights in a particular fashion - to exercise voting rights is not the business of the assessee. - The receipt was not of recurring in nature - not taxable - Tri Wrong accounting entry - inadvertent mistake, merely an accounting entry which is subsequently corrected and explained cannot fasten the assessee with tax liability by assuming it to be an income whereas in realty the amount was by way of advance/ deposit. - Tri Transfer of right to use the goods - Exigible to sales tax -assessee(s) have not produced any document/agreement to show that the assessee(s) retained possession and control over the Cinematographic equipments leased out. - Levy of tax upheld - HC Interstate sale or not - CST - passive infrastructure provider - The fact that the goods purchased by the petitioners were neither sold nor used in the manufacture of goods for re-sale does not constitute violation of the C forms. - HC Cross-objections filed before Commissioner (Appeals) against service tax demand - whether be treated as an appeal filled? - Held No - Tri Exemption under Notification No.6/2002 to the goods manufactured at site of the construction for use in the construction work at such site and the goods supplied for use by the Railways, cannot be denied. - Tri Maintainability of settlement application – Despite the assessee informing the Commissioner, that it had paid the filing fee and would file the settlement application within a week, the Commissioner proceeded to pass an order in utter haste. - HC Recovery of service tax while appeal is pending before tribunal - recovery notice published in Daily News Paper ‘Dainik Bhaskar’ dated 28-1-2012 - writ petition dismissed. - HC First appellate authority rejected the appeal for non-compliance with the pre-deposit of 25% - the appellant is directed to deposit 25% of the service tax liability confirmed by the adjudicating authority. - Tri If the goods were not intercepted, the same would have been cleared without claiming the ownership as the actual owner of the goods viz. digital cameras and wrist watches. Therefore, the goods are liable for confiscation - Tri    Left Stop Right
FEMA
 

 FOREIGN CONTRIBUTION (REGULATION) RULES, 2011

Provisions Title
Short title and commencement.
 
Definitions.
 
Guidelines for declaration of an organisation to be of a political nature, not being a political party.
 
Speculative activities.
 
Administrative expenses.
 
Intimation of receiving foreign contribution from relatives.
 
When articles gifted for personal use do not amount to foreign contribution.
 
Receiving foreign hospitality by specified categories of persons.-
 
Action in respect of article, currency or security received in contravention of the Act.
 
Application for obtaining ‘registration’ or ‘prior permission’ to receive foreign contribution.
 
Validity of certificate.
 
Maintenance of accounts
 
Renewal of registration certificate.
 
In the event of receipt of foreign contribution in excess of one crore rupees in a financial year.
 
Extent of amount that can be utilised in case of suspension of the certificate of registration.
 
Custody of foreign contribution in respect of a person whose certificate has been cancelled.
 
Reporting by banks of receipt of foreign contribution.
 
Intimation of foreign contribution by the recipient.
 
Foreign contribution received by a candidate for election.
 
Limit to which a judicial officer, not below the rank of an Assistant Sessions Judge may make adjudication or order confiscation.
 
Revision.
 
Compounding of offence.
 
Returns by the Investigating Agency to the Central Government.
 
Authority to whom an application or intimation to be sent.
 
Procedure for transferring foreign contribution to any unregistered person.
 
 
 
 
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