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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 MAT - Agriculture income - sale of tea plant - Since these two items are of agricultural income it should be allowed as deduction while computing income u/s. 115JB being book profit - Tri Re-assessment - No addition is made rather from the records the information available was used for making disallowance - the order of reopening is quashed - Tri Performance incentive paid to employees - tds - the estimated TDS deducted in a bona fide manner as per the settled legal position cannot be faulted with. - Tri Disallowance of expenditure in computing the income under the head capital gains - cost of making the title complete and perfect can be treated as the 'cost of acquisition' falling u/s. 48. - Tri True, genuine and bona fide transactions, even if made below par, the fair market valuation would not have any tax implication, being only undertaken in the normal course of business and in its interest.l - Tri Guilty of willful omission - in the normal course, there would be no reason for the selling dealer to doubt the declaration made by the purchasing dealer, in the Form ST-1 - HC Expression tax due as appearing in section 27(1) has to be read in conjunction with provisions of section 21(3) and interest u/s 27(1) is payable only on the tax due according to the return filed - HC Trade tax on mushroom - mushroom has been excluded from category of fresh fruits and green vegetables. - not exempted - HC The CLB has, under the garb of doing substantial justice, granted extreme directions under Section 402, enabling the Respondents to achieve indirectly a virtual veto right on all issues and the ability to paralyze the functioning of the Company - HC Amalgamation - u/s 391 the C. Govt. & IT Authority do not have any powers to intervene or to be heard on any scheme which is filed seeking sanction of the Court - HC 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    Left Stop Right
 
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Service tax applicability - contractor and sub-contractor
 
Issue Id: - 1201
Dated: -22-05-2009
By:- Jaimin
Service tax applicability - contractor and sub-contractor
Service Tax

Service Tax in SEZ: Considering recent notification dtd 20th May'09 of SEZ regarding Service TAX - I have a specific Querry. I am an EPC Contractor to a developer of SEZ. My erection and civil contractor are working in SEZ area and giving me erection services within SEZ. Is service TAx chargeable between me and my sub contractor. (My doubt is service tax on transcation between main Contractor and its sub contractor working within SEZ).
 
 
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Dated: - 22-05-2009
By: - Rama Krishana
If the services of sub-contractors are being consumed directly in SEZ, the same shall remain exempted. On the other side, where the services are not consumed, but treated as in relation to authorized operations in SEZ, the same will be required to be charged to service tax. The unit in SEZ would claim exemption by way of refund.


Dated: - 25-05-2009
By: - Jaimin
Thks for your reply- can u please tell me the rule under which...the service tax between EPC contractor and its sub-contractor is exempted from service Tax.


Dated: - 15-07-2009
By: - DINESH MORE

Please see the SEZ Rule 10(1) of SEZ Rules 2006 where in it clearly stated that even contractor, sub-contractors appointed by developer are alloowed to avail exemption.


Dated: - 15-12-2009
By: - Jaimin Shah
Customs Notification - 137/2009, 11TH dEC'09 Goods REquired for expansion of any existing Mega power project......... Custom Duty is revised to 2.5%, what will be SAD, Education Cess etc. Further if any exisiting power project of 800 MW is adding another 800Mw, would it be able to get any benefit or not?
 
 
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