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    INDEX OF SIX INFRASTRUCTURE INDUSTRIES (BASE: 1993-94=100) OCTOBER 2007
    Appeal before the High Court / Supreme Court - Whether determination of Production Based Capacity based duty is a question of law or question of fact?
    GOOD GOVERNANCE WILL CONTRIBUTE HIGHER RATE OF ECONOMIC GROWTH, SAYS KAMAL NATH ADDRESSES 102ND ANNUAL SESSION OF PHD CHAMBER
    Whether the recipient of services (import of services) is liable to pay Interest and Penalty in case of late payment of service tax?
    Whether the names "Amigen, Sorgen and Sigum" are branded products or trade names of the products manufactured by the appellant - for the purpose of SS...
    Whether a part of Turnkey Project performed by a contractor would be constituted as execution of turnkey project or an independent activity for the pu...
    Availability of Cenvat Credit of Service Tax paid on Input Services - Where invoices were issued in the name of unregistered premises
    Service Tax on Sale of Post Paid / Prepaid Cellular Sim Cards
    Can there be any demand of Interest on Late payment of Service Tax without Show Cause Notice
    Foreign Tours are Chargeable to Service Tax under Tour Operator
    Service Tax chargeable, if the Service provider and service receiver are both located outside Jammu and Kashmir
    The services provided by the lawyers in their professional capacity are not subjected to Service Tax
    Supply of cooling units along with pipe kits, electrical cord, remote control, etc. is manufacturing activity - Supreme Court
    PER CAPITA INCOME OF THE COUNTRY
    PROPOSED INDO-JAPAN TREATY ON CURRENCY SWAP
    EXPORTS UP BY OVER 35% - INDIA'S FOREIGN TRADE DATA: APRIL-OCTOBER 2007
    Whether writing a letter to the Central Excise Department well in advance is sufficient to prove that no show cause notice would be issued beyond one ...
    Whether Refrigerator is a "packaged commodity" for the purpose of Central Excise Valuation under MRP - Section 4A
    NEGOTIATIONS FOR INDIA-MALAYSIA COMPREHENSIVE ECONOMIC COOPERATION AGREEMENT TO COMMENCE FROM JAN. 2008. KAMAL NATH INAUGURATES “MALAYSIA-INDIA BUSI...
    Belated Payment of Service Tax with Interest before issuance of SCN - Whether penalty proceeding can be initiated
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    December 29, 2007
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    Infrastructure index signals slower growth in core industries, showing moderated production across key sectors.
    The Index of Six core infrastructure industries (combined weight 26.7% in the IIP, base 1993-94) stood at 237.9 in October 2007, with October-on-October growth of 4.5% and April-October cumulative growth of 6.2%. The release supplies provisional sectoral production and growth figures for crude petroleum, petroleum refinery products, coal, electricity, cement and finished (carbon) steel, including weights, monthly production volumes and month-wise indices. All data are provisional, may be revised, and derive from the concerned ministries, departments and organisations.
    December 24, 2007
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    Question of law vs fact: substantial question of law absent, so tribunal's factual finding on production capacity governs appellate review.
    Whether the determination of production based capacity under Section 3A of the Central Excise Act, 1944 is a question of law or a question of fact depends on whether a substantial question of law is raised; where the tribunal records primary factual findings on furnace capacity and no substantial legal question is shown, those factual determinations govern deemed annual production and are final for excise assessment purposes.
    December 20, 2007
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    Good governance as policy foundation: governance reforms and institutional capacity are essential to secure inclusive growth and social delivery.
    Good governance is advanced as a foundational policy instrument to foster higher economic growth and social capital, with principles such as decentralization, accountability, transparency, access to justice, nondiscrimination, peace, and adequate social budgetary provision. The address stresses that governance reforms are essential to achieve Inclusive Growth, ensure that growth benefits reach marginalized groups, and to tackle challenges including employment, agricultural performance, water and sanitation, education, housing, and healthcare through strengthened institutional capacity and comparative policy learning.
    December 14, 2007
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    Recipient of services liability affirmed: recipient must pay interest for late service tax payment under assumed tax obligations.
    The courts construed the Finance Act, 1994 and contractual terms and concluded that where a service recipient has undertaken to discharge service tax but fails to remit it, the recipient of services is liable to pay interest on late payment of service tax and attendant penalties as applicable.
    December 12, 2007
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    SSI exemption eligibility for unregistered trade names affirmed after finding abandonment and no objection by prior owner.
    The tribunal, on remand to decide whether Amigen, Sorgen and Sigum are trade names qualifying for SSI exemption, found that the prior owner had abandoned the names and had not objected to the appellant's use, and on that basis held the denial of exemption with respect to those unregistered trade names unsustainable.
    December 12, 2007
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    Turnkey project integration: ancillary engineering and supervision services treated as part of composite project, not separate taxable services.
    Where a subcontractor performs a segment of an integrated turnkey project that is functionally and contractually tied to the principal object of setting up a plant, that segment is treated as part of the composite turnkey execution rather than as an independent taxable service; ancillary services like design, engineering, supervision and post commissioning support do not attract separate service tax if they form part of the overall turnkey deliverable.
    December 8, 2007
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    Cenvat credit availability where invoice address differs: provisional stay after registrant added the invoiced address to registration.
    Availability of Cenvat credit for service tax on input services where invoices bear an address different from the registration certificate depends on whether the registrant subsequently amends registration to include the invoiced address; where such addition was made, the tribunal accepted the contention and granted a provisional stay of the demand.
    December 8, 2007
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    Service tax on SIM card sales treated as sales tax; distributor profit not subject to service tax.
    The tribunal found sales of post paid and prepaid cellular SIM cards fall within Sales Tax; the cellular company had discharged tax on the transactions, distributors act as independent sellers, and distributor profits from resale are not subject to service tax.
    December 8, 2007
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    Accrual of interest on late service tax is automatic; separate show cause notice not required.
    The adjudicating question concerned demand of interest for late payment of service tax when the show cause notice proposed penalties but did not mention interest; the applicable principle is that accrual of interest on late payment is automatic and a separate show cause notice proposing interest is not required, permitting an adjudicator to quantify and demand interest even if it was not expressly included in the original notice.
    December 5, 2007
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    Tour operator service tax: outbound tour planning by India-based provider to India-based recipient deemed taxable, with past liabilities.
    Change in the definition of Tour Operator effective 10.09.2004 renders services provided by an India based tour operator to a recipient also located in India for planning, scheduling and organizing tours outside India taxable as tour operator service; taxability is premised on both provider and recipient being located in India and the service flowing within the country, and operators were directed to pay current and past service tax liabilities.
    December 5, 2007
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    Service Tax chargeability applies where both provider and receiver are outside a state even if the service object is within.
    The Board clarified that Service Tax is chargeable on the service provider when both the provider and the service receiver are located outside Jammu and Kashmir, even if the object or project area of the service is situated within Jammu and Kashmir.
    December 5, 2007
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    Legal professional services exempt from service tax - outsourcing to associates not treated as taxable business support service.
    Services rendered by lawyers in their professional capacity relating to law are not subject to service tax; outsourcing legal work to associates does not convert that activity into taxable business support service because the professional character of legal services governs tax treatment and an intergovernmental committee has included legal service among services not presently taxed.
    December 5, 2007
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    Manufacture classification of supplied cooling units renders them liable to excise duty under the applicable tax framework.
    Supply and incorporation of cooling units and ancillary items into split air conditioner assemblies-where vendors fit appellant supplied motors, units are combined with condensing units and pre delivery testing is performed-amounts to manufacture and is therefore liable to excise duty because the components are transformed and integrated into a finished product delivered for sale.
    December 4, 2007
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    Per capita income growth signals stronger state incomes and an elevated GDP growth target for the Eleventh Plan.
    Per capita income at constant 1999-2000 prices is reported for States, Union Territories and the national level, with several local city figures withheld; the release tabulates state-wise per capita income for three years and notes missing entries. It records a higher rise in per capita income during the Tenth Five Year Plan than the Ninth, and states that the Approach Paper to the Eleventh Five Year Plan proposes an elevated average annual GDP growth target. The data and plan-period comparisons were provided in reply to a parliamentary question and are drawn from official statistical compilations.
    December 4, 2007
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    Bilateral currency swap arrangement to provide short-term balance of payments liquidity with an interest and renewal framework.
    A proposed bilateral currency swap between India and Japan would allow reciprocal exchanges of dollars for domestic currency to meet short term balance of payments liquidity needs, with an initial short maturity, interest payable on dollar amounts received, and a renewal mechanism permitting extensions up to a maximum duration. Separately, Japan has been approached for Official Development Assistance for a dedicated freight corridor project, with funding sources still under ministerial consideration.
    December 4, 2007
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    Trade deficit widened as exports grew strongly but imports grew faster, increasing the external merchandise gap.
    Exports expanded strongly in October and cumulatively for April-October 2007 with higher dollar term growth than rupee term growth; imports-particularly non oil imports-grew faster than exports, oil imports rose more moderately, and the provisional merchandise trade deficit for April-October 2007 widened relative to the prior year, with values reported in both US dollar and rupee terms.
    November 29, 2007
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    Advance correspondence does not bar excise proceedings where deliberate mislabeling shows intent to evade duty.
    Advance correspondence with revenue authorities does not, by itself, preclude later show cause proceedings when contemporaneous labeling or communications demonstrate deliberate misrepresentation to avoid excise liability. Evidence that dutiable products were intentionally described under a different name undermines claims of bona fides and supports treating the conduct as suppression or evasion for purposes of demand and notice.
    November 29, 2007
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    Packaged commodity designation controls MRP-based excise valuation and obliges manufacturers to comply with notification requirements.
    Refrigerators included in the notification qualify as a packaged commodity under Section 4A and are therefore subject to MRP-based central excise valuation and associated printing and valuation obligations; inclusion in the notification governs applicability unless the notification's validity is successfully challenged, and mere disagreement with the packaged characterization does not remove the product from scope.
    November 28, 2007
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    Comprehensive Economic Cooperation Agreement negotiations to begin, aiming to expand trade, investment and services cooperation between India and Malaysia.
    Negotiations are proposed to commence for a India-Malaysia Comprehensive Economic Cooperation Agreement (CECA) from January 2008 following a Joint Study Group recommendation; the JSG identified potential to expand bilateral trade in goods, services and investment, and the CECA is presented as the instrument to deepen economic ties and facilitate market access, services cooperation and increased investment flows.
    November 27, 2007
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    Voluntary payment of service tax with interest prevents penalty and halts penalty proceedings if made before notice.
    Voluntary deposit of service tax with interest under the procedure of section 73(3), coupled with written notification to the Central Excise Officer before any show cause notice, prevents service of a notice and precludes initiation of penalty proceedings for the amount so paid; CBEC guidance states such proceedings shall be deemed concluded and no penalty imposed.

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