manoj gupta
18 November 2009 at 17:32
I wish to seek your valued opinion on the following matter of Central Excise.
CEGAT had passed an order confirming the demand adjudicated by the Collector, CE, Kanpur. Since there were few questions of law involved, I filed REFERENCE Application in High Court and High Court had allowed my Reference Application and called up on the CEGAT to send the Statement of facts to Hon’ble High Court for its opinion/further orders. The CEGAT had already sent the details to Hon’ble High Court and notices have also been issued by the High Court for filing of Vakalatmana & Paper Book which too has been filed by parties. But the case is still pending in the High court and has not been listed for the last 6-7 years. Since, Stay had not been granted in this REFERENCE case, the Department have been pressurizing me for payment of dues/demand. My submission to the Department has been that the Order of the CEGAT is no more a final order once the REFERENCE Application has been allowed and thus the unconditional Stay granted to us while filing the appeal in the CEGAT becomes operative.
Kindly favor me with your valued opinion and also oblige me by providing me some case law etc which may be submitted the Department so that they may not press me for recovery of dues till the decision by Hon’ble HC.
Regards.
Gargi Ranade
18 November 2009 at 15:49
Respected Sir/Madam,
I am working as a Company Secretary of 100% EOU ,I have a Query regarding DTA entitlement.
1. Sale to EPCG License holder is treated as Deemed Export. Can we Add this deemed export in Export while calculating DTA entitlement which is 50% of FOB of Export.
2.If EOU have "NIL" DTA Entitlement can it sale to EPCG Licence holder as same will be treated as deemed export and will not be treated as DTA sale.
3. If sale to EPCG holder is ultimatly for Export promotion then how can it eat Entitlement itself .
I have this doubt due to ambiguous and vegue statement in FTP in para 6.8,6.9
I have one case[2006 (194) E.L.T.344 (Tribunal) ] in which Tribunal decided that EPCG sale should be treated as a Export for computing DTA Entitlement. Can a dec. taken by tribunal is sufficient to prove my side.kindly help its urgent .
pratik
18 November 2009 at 13:53
1) Meaning of unless the contrary appears from the context.
2) Example: 1) If Under any law it has been said that the penalty or interest should be waived but as per the other act it is said that the penalty or interest should not waived.
If Under the income tax act, 1961 if it is said that the late filing interest should be waived because the proper explanation has been given by the assessee that what was the reason that he was not able to file the return on time but as per the act which are there in India as an example IPC (Indian Penal Code) or any act say that the interest should not be waived than what to do ? Should we go with the income tax act OR other act in which it is said that the interest should not be waived.
3) If the State say that the particular tax should be collected but the constitution of India say that no amendments should be made without the approve of the president or whoever may be the higher authority to give the assent but than also the any state has amend the particular tax criteria than what to do ?
4) As Per Section 19 of the Indian Penal Code Words Are “if not appealed against” the definition of judge included the following bold words than if we appeal for any subordinate court to any higher court or for any higher court to supreme court than the judge how were there while giving there decision is said to be the judge as per the IPC.
Example: If the Judge of the high court give the decision in the favour of assessee against the revenue that the revenue File the case in supreme court than the judgment give by the high court judge is not valid because as per the IPC Section 19 the Bold Words mention Above Denote that he is not the judge.
5) what do u mean by judicial proceeding as per the law, section, rule, order, act. Define
Also the list of the judicial proceeding.
6) As Per Section 194 of the IPC what do u mean by capital offence please help me with the examples with the section 194 in detail please.
Please forward the above query with suitable section OR Any act.
Please help Please help Please help Please help .
Anonymous
18 November 2009 at 12:08
We are SSI paying exise duty at full rate. Can we avail service tax credit in following items.
1. Telephone Bill (Mobile bill)
2. Wages Contractor Bill
3. Freight Bill
4. Service Tax paid in Cash (ON GTA)
5. Audit Fees ( C A & ISO)
6. Calibration Bills
7. Security Charges
8. Etc.
rAJAN
17 November 2009 at 22:15
sir,
1. pls send me the format of surety bonds for central sale tax.
2. sir i want to apply for punjab vat , but for this there should be two sureties.
but i have one surety form my dist ludhiana and other is from jalandhar ,is the surety bonds from jalandhar is valid for registration of vat no in ludhiana.
R_PVK
17 November 2009 at 13:39
Dear sir
my mother is about to acquire a property worth of 95lakh thru sucession which she intents to change in her name and later wants to distribute as a gift to their children .the query is that when she applies for the name transfer is it that she has have to pay certain amount like stamp duty or transfer fees or is it that she can transfer without any cost
pl suggest
regards
Prabhu
Ami Parekh
16 November 2009 at 09:54
Dear Expert,
For example ...
We purchased a good from Himachal pradesh brought it to baddi & from there a buyer who is in banglore directly took the delivery we did not take delivery of good we paid cst on our purchase but since it was directy delivered we didnot charge them any CST we showed it as a Goods in Transit sale but It was on a pre owned order we had the order from our buyer & he had also made us advance payment for the same. does it effect section 6(2) that the payment was in advance or the transaction was a per owned order.
Please guide.
Thanks & Regards
Ami
Anonymous
15 November 2009 at 19:52
Father is having a flat in CHS in Mumbai jointly with his son.The said flat is not registered though stamp duty is paid. Now father wants to relinquish his share in the flat and gift to his son.
Will this transaction attract any income tax?
Anonymous
15 November 2009 at 19:22
Sorry for asking the same but there is some other confusion.
sir, i am doing labour job , nothing is purcahsed by me , my cliennts supply me materail and i do the labour job ,
1. is it manadatory for me to apply vat no., if yes then what is the limit amount.
2. if no ,when i send the materail after processing to the client ,if the sales tax officail check and asking for invoice or challan what is the solution?
3. Can i send the materail on challan without the tin or vat no.
4. or i should issue the bill on the time of delivery of materail.
5. Sir how I can send the waste (Boora ) materail?
6. If i have vat no. while doing the labour job only no purchase or sale is there , then what i should mentioned in my slaes tax return .like vat-15 (18/19/23/24)
pls clear my points i will be thank full to you.
Thanks and Regard
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in dis can we make payment of above 20000 if the individual invoices do not exceed Rs 20000