Sunday, August 17, 2014

Announcement of Company Law Settlement Scheme, 2014

Is DTAA overrides Service Tax

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Filing RTI application for Delayed Income Tax refund

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Where detailed audit has been conducted by department itself in year 2009 and audit objects were met out by assessee by paying service tax demanded, then, show cause notice issued in October 2010 cannot allege suppression of facts by assessee, as regards other matters -(2014) 47 13 (Mumbai - CESTAT)
Where assessee had furnished all relevant details at time of first and second notice, but, no order was passed thereon, issuance of third notice for very same period on very same issue/materials is invalid, as there was no new material with Department to believe that service tax had been under-assessed - (2014) 47 39 (Allahabad)

VAT department could attach properties mortgaged with banks even after their sale under SARFAESI Act

[2014] 47 181 (Kerala)/[2013] 66 VST 329 (Kerala)

Where assessee had mortgaged his properties with a bank on 28-9-2004 and subsequently bank had sold said properties to appellant on 9-6-2008 under SARFAESI Act and issued sale certificate in his favour on 19-9-2009 and in meantime Assessing Authority completed assessment of assessee for assessment years 2003-04 and 2004-05 on 1-12-2008 and raised tax demand upon him, initiation of proceedings under Kerala General Sales Tax Act, 1963 against above properties for recovery of arrears of sales tax due of assessee were justified

6% interest for delayed refund of Pre deposit

Govenment notified an interest rate of 6% for delayed refund of Pre deposit made by Service tax payers who get favourable orders from the Appeals filed by them

Goods & Service Tax - Discussion in final stages

It is expected that GST implementation will be started very soon