If Audit team observes any short levy from the records of the Assessee, after expiry of one year period, provided in section 11A(1) for serving any show cause notice, how can such demand be realised, based on such late Audit, which is being generally done after three years for period of last three years in one go ? Relevant Date is based on due date of filing of periodic return or actual date of filing of return. Which section / Rule in Central Excise Laws validate observations / recommendations of Excise Audit Parties ?
shantanu
25 September 2013 at 21:24
HELLO SIR I HAVE A SHOP OF READYMADE GARMENTS IN VASHI SINCE 5YRS. I HAVE NOT PAID MY VAT SINCE 2YRS MY BUISNESS WAS CHANGED FOR ONE YEAR ,NOW I WANT TO CONTINUE WITH MY OLD BUISNESS OF READYMADE GARMENT ....PLS GUIDE ME HOW DO I GO AHEAD ....AND PAY VAT AND WHAT FINE SHALL I HAVE TO PAY...
VAT PAID TILL SEPT 2011 ...I HAVE BILLS TILL SEPT 2011..
Mahendra Mhatre
24 September 2013 at 16:30
Currently we have implemented ERP package for billing to our clients. Since the details of services offered are captured through ERP defined workflow using common platform across the operating & accounting team, the invoice/bills printed through this software are not signed. We put the remark ‘This is a computer generated Invoice, signature not required’
One of our client has objected this by mentioning Rule 4A of Service Tax and insists that we should sign the Invoice.
Please clarify who is right? As most of the companies in service industry are having this practice.
sir/mam
please clarify whether service tax is exemped to a contractor who is providing sanitation conservancy to railways
Raj Kumar Jain
23 September 2013 at 14:27
Sirs.
I purchased goods from UP. Can I sold the same in UP as Sale in Transit by transferring the documents.Will my supplier make the invoice as the goods sold to me & consignee to my dealer of UP.
hetalsangoi
22 September 2013 at 17:54
We have give Rs. 500000 as a token for finalization of deal to purchase the Land and Building to the seller. We have paid the professional fees which are as follow for purchasing the land and building. 1. Lawyer’s fees for drafting of deeds get for conveyance and power of attorney – 100000 2. Professional fees paid for search title – 8000 3. Survey report for measuring the area of the property. – 17000 Can above expenses included in the cost of purchasing Land and Building is it Capitalized in Books? Is it allowable and Income Tax Act.
gope shahani
22 September 2013 at 11:15
I will like to know the working of long term capital in case of sale of flat.The three years period
will be calculated from date booking or date of registration or date of possession.pl let me know thanks
We have been exporting our goods under the rebate claim ( on payment of duty under claim for rebate). The deputy commissioner sanctioned the rebate claim and appropriated the same to the issue pending before the Commissioner, without our knowledge. He has exercised the powers under Section 11 of Finance act 1944. As per the CESTAT Miscellaneous order No. 25453/2013 Dt. 02.04.2013 until and unless an assessee is managing the department for postponing the issue for adjudication the department should not initiate any recovery proceedingds. We have not infulenced the Commissioner(Appeals) to keep the Additional commissioners OIO for pending to adjudication. Pl clarify whether they can appropriate the amount of Rebate claim against the issue pending before the Commissioner (Appeals). The Commissioner appeals alloted the appeal No. also but he did not fix any personal hearing. Pl let me know how far the assessee is responsible for these type of delays happend in the adjudication authorities level. Any way we are challing this rebate order before the Commissioner (Appeals) to sanction along with interest for period after completion of 90 days from the date of filing of our rebate claim in online. pl clarify.
Please clarify whether we are liable to pay excise duty on fly ash, which is being cleaned by some one in our factory. we have entered with an agreement that there is no monitory benefit between the fly ash taking away person and our manufcturing unit. Even thought the department is insisting us to arrive the duty and pay some thing. My contention is if the principle value is zero there no question of payment of duty. This is not being generated in our factory as a intention of final product or it is not an intermediate product to send to another unti for captive consumption to follow the Rule 8 of Valuation rules 2000. After 01.03.2011 department is giving presure to pay the duty on fly ash. This fly ash is being generated in our paper manufacturing unit due to using of coal in huge quantity. we have asked them to provide the way how to calculate the duty.But they are not returned with any answer so far. But in the Final audit report they have finalized to serve the SCN.
Service tax on direct payment to postal department
If a client company of Registrar & Transfer Agents makes direct payment of Postage to Postal Authority, whether service tax is exempted?
As a practice Registrars are providing the services and ask the reimbursement of Postages by charging Service Tax.
To avoid the burden the clients are taking this route. Is this OK as per Service Tax provisions?