Jatinder Chugh
22 January 2011 at 19:12
I am a regd dealer under PVAT Act and have bought cement from exempted unit and also from dealer who is taxable at first stage and issued me a retail invoice. Now my questions are 1) Can i claim notional ITC @ 4% on purchases from exempted unit. 2) Can i claim ITC on purchase made from the dealer 3) I am issuing retail invoice to persons other than taxable person. 4) Can i claim notional ITC on Total purchases made in a quarter or it would be proportionate to the sales made in that quarter. 5)What would be better for me to claim notional ITC or reduce purchase value of goods sold and pay vat on value addition only.
Ketan Modi
22 January 2011 at 16:27
Recently I had come across an ad-hoc exemption notification exempting certain assessees from Service Tax liabilities after issuance of SCN. I have in my possession file notings wherein professional tax officers at the rank of Chairman and Member of CBEC had opined that giving retrospective benefit to assessees after issuance of Show Cause is not possible legally. However, Finance Minister, who had himself endorsed this view when the file was presented before him, prevailed upon the CBEC and Revenue Department to introduce the ad-hoc exemption notification thus illegally writing off nearly Rs.225 crore. The provision under which the ad-hoc exemption notification is issued is categorical that it should be in public interest and the reasons must be specified in the notification so issued. FM had prevailed upon the CBEC to issue the notification in public interest without specifying the reasons. Thus it is an illegal order and deserves to be set aside. That is the reasons why I am desirous of challenging it. Just two or three assessees are benefiting from this order and others involved in identical activities have already placed on record that it is discrimination they are subjected to. Hope this gives experts an idea why such illegal acts should be challenged I wish to challange this notification issued before the High Court. Are there any SC/HC orders describing exemption notification with retrospective effect as illegal?
Ketan Modi
ponmanikandan
22 January 2011 at 12:28
1) i am a student of llb, i want to know who is eligible to appear before Various TRIBUNALS like Income tax, sales tax, Securities...?
2)an advocate want to do deal with above matters, does he need any extra qualifications...?
Anonymous
21 January 2011 at 19:13
An income tax officer lodged a complaint u/s.420 IPC with the PSI against an assessee for filing two returns of income for the same assessment year at two different IT offices and obtaining refunds fraudulently mentioning "The prior approval of the Chief Commissioner of Income Tax has been obtained" Is he correct to lodge the complaint to the PSI? Or that the same should have been filed to the court? A certified copy of the Sanction order was applied for with due legal fees, it being a public document,not supplied. Should the sanction order be enclosed to the complaint petition or that it may be obtained at time of framing the charge. Is sanction order at all necessary to lodge a complaint under the IPC offenses? Can an IT officer be a complainant for offenses not falling under the IT Act?Does the above said offense fall out of the IT Act that it has to seek the help of IPC..Kindly advise
Ketan Modi
20 January 2011 at 16:57
Recently I had come across an ad-hoc exemption notification exempting certain assessees from Service Tax liabilities after issuance of SCN. I wish to challange this notification issued before the High Court. Are there any SC/HC orders describing exemption notification with retrospective effect as illegal? Can some one help me.
Ketan Modi
GIRISH BAPAT
19 January 2011 at 21:07
Whether contractor who is operating contract of Computor Hardware infrastructure set sup on Build Own Operate Transfer basis is a "dealer "within the meaning of VAT Act ?
whether he is required to pay Tax on items which he has purchased to build & operate & then transfering it at the end of contract period.
dasd
19 January 2011 at 16:15
from where can i get the whole judgement of the case law with facts etc...
sir pls suggest some free sites for tribunal hc,sc ..
dasd
19 January 2011 at 16:14
in case of deemed sale[[like hire purchse etc]] as specified in article 366[29A] whether it is mandatory to bifurcate sale elemet or service element........
or whether i can pay service tax on full amt
Vinu Priya
18 January 2011 at 13:39
We purchase fibre from Nagpur and sell within Tamilnadu through E1 Sales. What are the important proceddures (i.e, wordings) to be followed and to verify in billing during both purchase and selling.
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penalty u/s 271 c
As such agriculture income is not totally varifiable,hence to plug revenue leakage a lumpsum addition of Rs. 300000/- is made u/s 68 treating this amount as unexplained cash credits.
Now A O has issued S C Notice u/s 274 r.w.s 271(1)(c).
Kindly Guide and quote case laws so that we can reply.
Thanks