Sitting Judge of HC & ex-Member of ITAT in the list of 17 former and current Members of ITAT who are sought to be prosecuted by CBI for outsourcing writing of Orders to CA Firm-Members were posted in Mumbai Kolkata Ahmedabad Hyderabad Agra & Cuttack Benches of ITAT Law Ministry says that there is no sufficient evidence against ITAT Members Meaning of the expression ‘gross amount’appearing in Rule 3(1) of the Works Contract (Composition Scheme for Payment ofService Tax) Rules, 2007, as it stood prior 7th July 2009-ServiceTax Circular No.150 Budget to be presented on 16th March FM issues Advisory to CESTAT to ensure that orders are issued by Benches on conclusion of arguments and in complicated matters orders should be issued within 30 days Madras High Court stays levy of service tax on lawyers economic growth slows to 6.9 per cent Sunil Kumar appointed as Chief Secretary of Chattisgarh Amarchand Mangaldas to open offices in Chennai Ahmedabad & Pune US closes its embassy in Syria Sudha Sharma appointed as Member of CBDT Rupee hits a high of 48.73 against Dollar Laxman Das is Officiating Chairman of CBDT Tariff Value for import of gold is 556 & for silver 1067 & for Brass Scrap 4078 & for poppy seeds 2205-Customs Non-Tariff Notification No. 10 Fused Silica is classifiable under Tariff Item 32074000-Customs Circular No.3 Additional Commisssioner of Income Tax HA Siddiqui sentenced to 4 years imprisonment for accepting bribe of Rs 1 Lakh by CBI Court in Delhi HC upholds levy of service tax on booking of flats-The explanation which was inserted by the Finance Act of 2010 clearly brings within the fold of taxable service a construction service provided by the builder to a buyer where there is an intended sale between the parties whether before, during or after construction Authority for Advance Ruling rules super concentrates shall be classified as products of the chemical industry under heading 3824 90 90 of Customs Tariff Anti dumping duty imposed on import of Morpholine from China European Union & USA Anti dumping duty imposed on import of Geogrid/Geostrips/ Geostraps made of polyester or Glass fiber in all its forms from Refund of Anti-Dumping Duty (Paid in Excess of Actual Margin of Dumping) Rules, 2012 notified-Customs Non-Tariff Notification No.5 Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Amendment Rules, 2012-Customs Non-Tariff Notification No.6 Safeguard duty at the rate of 10% ad valorem notified on import of Phthalic anhydride, falling under tariff item 2917 35 00-Customs SG Notification No.1 Customs duty on import of Gold, Silver, Cut & Polished Diamonds hiked Customs duty to be charged at the rate of 2 per cent of Tariff Value on gold and 6 per cent of Tariff Value on silver Tariff Value for import of gold & silver notified-Customs Non-Tariff Notification No.3 Anti-dumping duty on imports ofSilk fabrics 20-100 gms per metre, falling under heading 5007 originating in, or exported from, China-CustomsTariff Notification No. 2 Anti-dumping duty imposed on imports of Nylon Filament Yarn, falling under Chapter 54 ,originating in, or exported from, China, Chinese Taipei, Malaysia, Thailand and Korea RP-Customs TariffNotification No.3 Anti-dumping duty imposed on import of Phosphoric Acid of allgrades and all concentrations (excluding Agriculture/Fertilizer Grade) ,falling under tariff item 28092010, originating in, or exported from, Israel and Taiwan-Customs Tariff Notification No.4 Anti-dumping duty on imports of Cellophane Transparent Film , falling under Chapter 39 , originating in, or exported from, China-Customs TariffNotification No.5 Anti-dumping duty onimports of Saccharin, falling under Chapters 29, 30, 33 and 38 ,originating in, or exported from, China-Customs Tariff Notification No.7 Special Bench of ITAT rules the appellant is not entitled to set off carry forward business loss against the long term capital gain arising on sale of land used for the purpose business ITAT rules Long Term and Short Term gains / losses on sale of equity shares under Portfolio Management Scheme is business income and not Capital Gains HC rules the opinion of the AO may have been legally erroneous but this cannot be a ground for initiation of re-assessment proceedings Anti-dumping duty on ‘Caustic Soda’, originating in, or exported from, Saudi Arabia, Iran, Japan, USA & France-Customs Tariff Notification No.1 Cost Accountants can issue Certificates for the purpose of refund of 4% CVD-Customs Circular No.1 Customs duty on import from ASEAN nations lowered- Customs Tariff Notification No.127 deeper tariff cut on import from Malaysia notified- Customs Tariff Notification No.128 deeper tariff cuts on import from Korea notified- Customs Tariff Notification No.123 deeper tariff cuts on import from Srilanka & Pakistan under SAFTA notified- Customs Tariff Notification No.125 Schedule of Rates for Service Tax Refund to Exporters notified in supersession of Notification No.17/2009-Service Tax Notification No. 52 Customs duty on import of several products from specified countries lowered-Customs Tariff Notification No.113 Anti-dumping duty on ‘Sodium Hydrosulphite (SHS)’, falling under headings 2831 and 2832 , originating in, or exported from, China PR- Customs Tariff Notification No.111 CBEC specifies documents required for Registration of ServiceTax Customs duty on import of 532 Products from Singapore lowered-many products exempted from duty-Customs Tariff Notification No. 106 Government allows Rebate of excise duty on export of goods to Nepal under ARE-1 Procedure w.e.f. 1st March 2012-Central Excise Non-Tariff Notification No.24
Important Links SC HC CESTAT ITAT AAR
ADVANCE RULINGS 2010
1) Whether the investment held by Praxair Pacific Limited, in equity shares of Jindal Praxair Oxygen Company Private Limited would be considered as “capital asset” under section 2(14) of the Income-tax Act, 1961? - 2) would the transfer of equity shares of JPOCPL from the Applicant to its wholly owned subsidiary Praxair India Private Limited, be liable to tax in India in view of the exemption from capital gains and subject to conditions provided under section 47(iv) of the Act?
interest income on Bonds issued by Madhya Pradesh Government in lieu of outstanding loan and interest thereon from Madhya Pradesh Electricity Board is income from Long Term Finance for the purpose of Deduction u/s 36(1)(viii). - pre-payment premium to repay the long term loan before its maturity received by the applicant is income from long term finance for the purpose of deduction under section 36(1)(viii)
1. Whether sum paid by the applicant to the vessel providing companies (‘VPC’) under global usage bare boat charter agreements (‘BBC agreements’) could be said to accrue or arise or deemed to accrue or arise in India under the provisions of the Income Tax Act, 1961 (‘Act’) and therefore subject to withholding tax in India? - 2. If the answer to question 1 is in affirmative, whether sum paid by the applicant to the VPCs under global usage BBC agreements are taxable in India under the provisions of section 44BB of the Act?
Section 115JB is not designed to be applicable to the case of the applicant, a foreign company, who has no presence or PE in India. - as the applicant does not have any physical presence in India in the form of an office or branch or a PE, the provisions of section 115JB of the Act are not applicable on the sale of shares of a listed company Timken India Limited, by the applicant, which has suffered securities transaction tax and accordingly, tax exempt under section 10(38) of the Act.
the import of motorcycle in the form of components, parts and sub-assemblies, proposed to be imported by the applicant, would constitute import of motorcycles in Completely Knocked Down form and as such would be eligible for concessional rate of basic customs duty at the rate of 10% provided under Entry 345 of Notification No. 21/2002-Cus.
1. Whether the payments made by the applicant to AXA ARC for various services under the terms of the Service Agreement is in the nature of “fees for technical services” within the meaning of the term in Article 12 of the ‘Convention between the Government of Republic of India and the Government of Republic of Singapore for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income’ (“the India-Singapore Tax Treaty)? - 2. Whether the payments made by the applicant to AXA ARC for providing access to applications and to the server hardware system hosted in Singapore and related support under the terms of the Service Agreement is in the nature of “royalty” within the meaning of the term in Explanation 2 to clause (vi) of Section 9(1) of the Act?
the consideration received/receivable by Joint Accreditation System of Australia and New Zealand (applicant) from the Conformity Assessment Bodies (CAB’s) can not be classified as ‘fees for technical services’ as defined under section 9(1)(vii) of the Income-tax Act, 1961 - Article 12 of the DTAA between India and Australia can not impose a liability for taxation on the applicant - The income derived does not fall within the ‘royalty’ clause (which includes ‘fees for technical services’) under Article 12 of the Treaty.
the amount payable under Software licence terms and conditions contract to the applicant does not amount to ‘royalty’ within the meaning of Article 12.4 of DTAA between India and Netherlands, nor can it be treated as ‘fees for technical services’
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