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    Construction of residential or commercial complex service - Whether cost of material supplied free of cost by the contractee to the contractor in incl...
    Tobacco farmers in Andhra Pradesh fetch Rs.585 crore more than last year
    Applicability of Service tax on Works Contract / business of development and sale of immovable properties
    Statement on Service Tax on GTAs
    Excise duty provisions for Pan Masala and Gutkha notified
    Exports up by 12.9% in May 2008
    Service Tax exemption for goods carriage to GTA
    100% FDI permitted in most sectors under automatic route
    Whether an activity of preparing identity cards for the electors for purpose of election is chargeable to service tax?
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    Oil Prices threaten to wipe out the economic gains made by developing countries: Finance Minister
    Penalty provisions under service tax at a glance
    When service tax is not being collected separately, the amount received should be treated as inclusive of service tax.
    Service Tax - Penalty u/s 76 - Service Tax authorities should not impose maximum penalty blindly whereas the minimum penalty and maximum penalty both ...
    13 FDI Proposals Cleared
    Demands for more than Rs 77 Crores issued by Anti Evasion Wing of the Delhi Commissionerate
    DGFT has reduced the fee for Application for Duty Entitlement Passbook (DEPB) and other duty credit schemes.
    Government Notifies the Rules, Forms and clarifies the procedure scope of Service Tax Dispute Resolution Scheme
    Exports up by 31.5% in April 2008
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July 13, 2008
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Service valuation: free materials supplied by a principal excluded from taxable service calculation under the exemption framework.
The core issue is whether the value of free material supplied by a principal to a contractor must be included in gross value for claiming exemption under the notification. The Delhi High Court observed that adjudication may proceed but authorities must not include the value of free material in determining the taxable service for the petitioner, and that the Explanation to the notification entry should not be applied to the petitioner's detriment for this purpose.
July 12, 2008
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Cartel control and auction digitization restore price signals and market transparency, improving tobacco auction outcomes and exports.
The Tobacco Board's measures to control cartel formation and to manage excess production are credited with higher auction prices and shorter auction duration; concurrently, the Board piloted an e-auction system using handheld terminals linked to a central server to enhance transparency and reduce manipulation, with exports also increasing alongside improved market functioning.
July 7, 2008
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Service tax applicability on real estate development limited by board circular; works contract categorisation permitted under new service provision.
Applicability of service tax on development-and-sale of immovable property turns on whether the developer is a service provider to purchasers and on the binding effect of the Board's circular; one decision treats the activity as not taxable under the impugned entries. The classification of works contracts and their transitional treatment under the newly introduced service-category provisions is disputed, and a judicial direction permitted taxpayers to pay under the new category subject to further orders, highlighting the role of circulars in contract categorisation.
July 2, 2008
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Service tax exemption for truck owners renting vehicles to transport agencies clarifies tax liability and prompts further procedural consultation.
AIMTC challenged application of service tax under the Supply of tangible goods for use to owners renting goods carriages to GTAs and raised procedural and implementation grievances; CBEC examined the issue and issued a notification exempting truck owners from service tax liability for such renting/hiring, and sought further consultation with AIMTC to address remaining procedural matters.
July 1, 2008
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Mandatory excise duty based on production capacity now applies to pan masala and gutkha packaged in pouches.
Notification requires excise duty for pan masala and gutkha to be paid on the basis of production capacity where products are manufactured using a packing machine and put up in pouches, replacing the prior optional compounded-levy scheme; exclusions include non-tobacco pan masala with betel nut content not exceeding fifteen percent and items packed manually or in packaging forms other than pouches.
July 1, 2008
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Trade deficit widened as imports outpaced exports, reflecting higher oil and non oil import growth during the period.
Merchandise exports rose in May 2008 and cumulatively for April-May 2008, while imports increased at a faster rate over the same periods, with oil and non oil imports both contributing to higher import values; as a result, the merchandise trade deficit widened for April-May 2008. Export and import growth rates are reported in both dollar and rupee terms, and 2008-09 figures are provisional with 2007-08 figures revised.
June 26, 2008
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Service tax exemption for supply of goods carriage to GTA exempts levy when vehicles are supplied for road goods transport.
Exemption issued for service tax on supply of goods carriage to a goods transport agency (GTA) for use in transportation of goods by road, removing levy on such supplies notwithstanding the separate taxable treatment of supply of tangible goods without transfer of possession and effective control introduced earlier; the notification exempts these supplies fully to address input credit complications and levy attribution where GTAs operate with hired or rented vehicles.
June 24, 2008
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Full FDI under automatic route permitted in most sectors, enhancing investment, technology transfer and managerial skills.
Full foreign direct investment is permitted under the automatic route in most sectors to supplement domestic investment and provide technological upgradation and managerial skills, bringing capital, forward and backward linkages, and access to international quality goods and services. The release reports sectoral FDI inflows for services, computer software and hardware, telecommunications, construction, housing and real estate, automobile, power, petroleum and natural gas, metallurgical industries, and chemicals for the period April 2004 to March 2008.
June 24, 2008
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Sovereign function: preparing electoral identity cards is not taxable as a service, photography classification rejected.
Preparing electoral identity cards for electors is a sovereign function performed on behalf of the State and therefore not subject to service tax; attempts to classify the issuance or production of elector photo identity cards as photography services have been rejected. Authorities confirm that functions undertaken under statutory electoral mandates fall outside the taxable ambit, and related administrative guidance treating sovereign functions as non-taxable may operate retrospectively, affecting demands founded on incorrect service classifications.
June 22, 2008
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Service tax on pre closure charges treated as taxable service, exposing lenders to assessment and compliance risk.
Applicability of service tax to pre closure or fore closure charges is contested: revenue authorities treat such charges as not being interest but as consideration for a taxable service, leading to show cause notices and appeals; a departmental clarification affirms that fore closure/pre closure charges are liable to service tax, exposing lenders to assessment and classification risk.
June 22, 2008
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Price band mechanism proposed to stabilize oil markets by mutual producer-consumer guarantees and curb speculative volatility.
Rapid escalation of international oil prices threatens development gains by diverting resources and fueling inflation. Structural supply vulnerabilities, dwindling spare capacity and weak fresh investment increase risk. The speaker blames unregulated speculative trading in over-the-counter and futures markets for recent price spikes rather than demand growth. He urges coordinated producer-consumer action: accelerate resource development and investment, reassert industry leadership in price formation, and implement a Price Band Mechanism where consuming countries guarantee a price floor and producing countries guarantee a price ceiling to stabilize markets.
June 15, 2008
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Service tax penalties: structured fines for nonpayment, intentional evasion, registration failures and late return filing.
Section 76 sets a minimum periodic penalty and a maximum equal to the tax due for failure to pay service tax. Section 78 imposes enhanced penalties proportional to tax sought to be evaded where there is intent. Section 77 lists administrative penalties for failure to register, defective records, non production of information, non electronic payment, invoice defaults and a residual category. Rule 7C read with Section 70 prescribes graded late filing penalties for returns, including fixed amounts for initial delays and an additional daily penalty beyond an initial threshold, subject to a maximum cap.
June 15, 2008
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Inclusive service tax: when tax is not collected separately, gross receipts are treated as tax-inclusive for liability.
When service tax is not collected separately, the gross amount charged must be treated as inclusive of service tax and the taxable value is the component which, with addition of tax payable, equals that gross receipt; absent separate collection the cum-tax gross receipt is adopted to quantify tax liability.
June 15, 2008
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Discretion in penalty imposition: authorities must assess circumstances rather than automatically impose the maximum penalty.
When a statute prescribes both minimum and maximum penalties, authorities must exercise discretion and apply their mind to whether the minimum, an intermediate, or the maximum penalty is appropriate; routine imposition of the maximum without reasoned assessment is impermissible and decision-makers should record factual and mitigating considerations supporting the selected penalty within the statutory range.
June 13, 2008
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Foreign direct investment approvals cleared across sectors permitting equity inductions, company conversions and convertible instruments under FDI rules.
Thirteen FDI proposals were approved across multiple ministries authorising induction of foreign equity, conversion of operating companies into operating-cum-holding companies for downstream investment, issuance of shares (including rights issues and issuance in lieu of capitalization of pre-incorporation expenses), and subscription to unsecured fully and compulsorily convertible debentures; some approvals attract Press Note 1 of 2005 and one contemplates units issuance for Defence SME investment under the FDI Policy. Three proposals seeking preferential allotment, downstream investment approvals, or post-facto regularisation of automatic-route inflows were deferred.
June 10, 2008
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Service tax enforcement: large demands issued over incorrect abatement, out of pocket expenses and fare valuation breaches.
Issuance of multiple large service tax demands and recoveries focused on incorrect valuation and non payment: contested abatement treatment excluding value of free supplied materials from the taxable base; characterization of reimbursed out of pocket expenses as taxable consideration; and valuation of passenger fares for international travel above economy class for levy purposes. The actions exemplify administrative enforcement targeting supplier accounting practices and carrier fare valuation to secure assessment and collection.
June 5, 2008
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Filing fee reduction for Duty Entitlement Passbook applications reforms per-unit charges and caps, with electronic filing preferred.
The filing fee for Duty Entitlement Passbook and other duty credit scheme applications has been amended to reduce the per-unit charge, maintain a prescribed minimum fee, and introduce maximum caps, with a lower maximum specifically for electronically filed applications; the change is effected by amendment to the Handbook fee schedule and applies to future submissions under these schemes.
June 5, 2008
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Service tax compounding scheme offers one-time dispute resolution but excludes cases of collected-but-unpaid tax from providers.
The notification establishes a Service Tax Dispute Resolution Scheme as a one time compounding mechanism for quick settlement of small service tax disputes and cases of penalty or interest non recovery, while excluding matters where tax collected from clients was not remitted. Implementing rules and forms have been issued by notification and scope clarified by an explanatory circular with illustrative examples.
June 2, 2008
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Trade deficit increase as imports outpace exports, driven by steep oil and non oil import growth.
India's provisional April 2008 trade data show exports at US$14,400 million (up 31.5%) and imports at US$24,274 million (up 36.6%), producing a trade deficit of US$9,874 million; oil imports rose 46.2% and non oil imports rose 32.3%, reflecting faster import growth than export growth.
May 31, 2008
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Central Sales Tax rate reduction confirmed by official press release, overruling earlier media reports and rumours.
The Press Information Bureau issued an official press release confirming that the Central Sales Tax would be reduced effective 1 June 2008, superseding earlier contradictory media reports and resolving rumors that the government had withdrawn the announcement.

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