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Anonymous   29 September 2010 at 17:53

sales tax west bengal

Respected Sir,
I am a dealer in monofilament cloth and narrow woven fabric and covered under the vat act2003 under sh.1 37A.It states textile fabric made of artificial silk is exempt from sales tax.Howerver there is confusion arising with our product and it is been confused with HDPE Fabric and hence taxable.We moved The Sales tax tribunal court stating that the textile fabric goods are covered under additional duty of central excise act and earlier goods like mosquito net,elastic tape was made exempt under this context.The court directed us to move to the Finance Secretary and he will dispose of the matter within 4 months from the date of submission of the papers.
I deposited the papers on 22.9.2008 and till date no response.
However with the passing time goods were seized and relesed by the officers recording that monofilament clot is a textile fabric made of artificial silk and no way bill is required for the same to import these goods.The officer in charge have made assessment stating monofilament cloth to be tax-free goods.
Now recently goods are seized and upon production of the relevent papers the central section dept.are of the view that if the Finance Secretary has not considered the matter they cannot establish any view.
Even notification under Sec8(5) of WB states artificial silk will have the same meaning as under additional duty.of excise.
There are many case laws to establish the diff. between HDPE Fabric and monofilament fabric.
Now I am in a mess and am unable to decide how to proceed and who can actually decide and identify the product.
Please help.
Regards
Sanjay.

Anonymous   25 September 2010 at 08:42

Laxuary tax ,Tamilnadu state

I am running a small lodging house with 13 rooms.I have enroled with Commercial tax of tamilnadu government (laxuary tax).I charce Rs 250 For single room,with 5% tax, Double room Rs 275 + 5% tax. When my guest comes as 1 person,,they ask me to charge Rs 250+5% tax for the DOUBLE ROOM which i allote,,because there is shortage of single room. Is it possible (under laxuary tax law) for me charge Rs250 + 5% tax for the double room.

Maharamchandra   23 September 2010 at 19:58

SPECIMEN MODEL FORMAT OF STAY AND APPEAL

Respected Sir,

Please kindly send specimen model format of stay application/petition and in the case of appeal before tribunal please send model draft of grounds of appeal and statement of fact because i don't know the sequence of drafting and wordings which is to used.

Awaiting for your reply.

Anonymous   18 September 2010 at 19:01

AREA BASED CE EXEMPTION-Nfn.50/2003

DELAY IN EXERCISING OPTION-CONDONATION. UNIT SET UP IN 2006.I BELIEVE THERE ARE JUDGEMENTS BY CESTAT DELHI IN THE MATTER OF ADITYA PACKAGING v. COMMISSIONER AND ALSO BY HON'BLE SUPREME COURT DECIDING THAT BURDEN IMPOSED SHOULD NOT BE ONEROUS AND LIBERAL INTERPRETAION SHOULD BE GIVEN TO EXEMPTION NOTIFICATIONS DESIGNED TO PROMOTE INDUSTRIAL DEVELOPMENT. CAN U KINDLY PROVIDE DETAILS OF THESE JUDGMENTS OR OTHER JUDGMENTS ON THIS SUBJECT.

Kumar Krishan Agarwal Advocate   17 September 2010 at 02:52

Explanation about Sec 194A(5) Income Tax Act 1961

Dear Ld Counsel,

1. I have got an F.D interest cut by the Bank while I have submitted the 15G Form in Feb 2010 for the assessment year of 2010-2011. Now for the assessment year of 2011-2012 I'll have to submit the form 15 G in the month of Feb 2011 before closing the current fiscal year.

2. The Bank says your F.D interest goes above rs 10000/- ( i.e FD Interest got from April 2010 to August 2010 is greater than 10000/-) and that why the Bank deducted in month of September 2010 while I told them (bank) that the Income tax of this current year will have to be counted and submitted thru 15G before March 2011. Not in the middle of the current fiscal year.

3. Now I want the TDS amount back because the bank has not send the TDs to Income tax department before the March 2011 and cannot be possible to provide the TDS certificate before 1 April 2011 to me.

4. So I struck in sec 194A(5) meaning in the sense that may be the bank has power to reduce/change the deduct amount or revert back the TDS deducted amount to its customer if wrongfully deducted i.e according to this sec 194A(5).

Anonymous   05 September 2010 at 20:34

tax rate in uttar pradesh on iron hording board

what is the upvat tax rate iron hording board with printed . uttar pradesh vat tax rate on iron 5% . please give me answer tax rat 5% or 13.5% .

R.Ranganathan   05 September 2010 at 11:33

MACT Act

Can anyone give me any recent judgement of any HC or SC which says that the claim amount as awarded by the tribunals are to be / not to be deducted of TDS by the insurance cos. mainly in the case of compensation amounts awarded in Accident cases.

VISHAL KUMAR CHOUDHARY   28 August 2010 at 15:51

Regarding section 14A read with rule 8D of I T Act,1961

whether investment in Pvt. Ltd. Company to be considered while calculating half percent of average investment.Moreover this section is not clear to me please help me out.

Anonymous   22 August 2010 at 13:34

Query regarding VAT

Hello Friends,

My query is that in Maharashtra a dealer can get full set-off in Bardana Purchase or reduction in purchase amount?

Plz reply as early as possible

Thanx in Advance

Anonymous   18 August 2010 at 16:32

HOW TO OBTAIN SHUTTER & BOARD LICENCE AT MUMBAI FOUNTAIN ARE

WE HAVE TAKEN NEW SHOP AT FOUNTAIN FOR MUMBAI & WE NEED TO GET SHUTTER & BOARD NEW LICENCE CAN I KNOW THE PROCEDURE AS I HEARD THAT THEY ARE NOT ISSUING NEW LICENCE. IN THIS CASE WHAT TO DO?