B.Com (H), CA - having over 14 years experience in a reputed CA Firm in Indirect Tax Division. Having expertise and working knowledge in the areas of FTP, Customs, GST, Excise, Service Tax, VAT/CST.
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Issue Id: 1858
We have deposited TDS for the month of March for section 192 in the section 194J. Waht is the procedure now. CAn we adjust it .
Income Tax
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Remission of export taxes: RoDTEP issues transferable e-scrip rebates for Basic Customs Duty, subject to realization and recovery rules.
RoDTEP replaces MEIS to refund domestic taxes and duties not otherwise exempted, granting a notified percentage rebate of FOB value through transferable electronic scrips (e-scrips) usable only for payment of Basic Customs Duty; rebate issuance is conditioned on receipt of export proceeds within foreign exchange timelines but does not await actual realization, and the Scheme provides for recovery, suspension, and penalties for non-realization, fraud or misuse. (AI Summary)
Customs - Import - Export - SEZ
Indian Service Providers interpretation: DGFT cannot add shareholder-nationality or 'Indian brand' conditions to SFIS eligibility.
The DGFT's power to interpret the Foreign Trade Policy does not permit adding substantive eligibility conditions to the Served From India Scheme; paragraph 3.12.2 requires that beneficiaries be Indian Service Providers and meet foreign exchange receipt thresholds, but contains no shareholder-nationality or 'Indian brand' requirement. Companies incorporated in India are juristic entities and, absent ambiguity in the policy text, administrative bodies cannot import additional criteria that effectively amend the policy. (AI Summary)
Customs - Import - Export - SEZ
Definition of group company governs intra-group transferability of duty credit scrips under the Served From India Scheme.
Para 9.28 defines Group Company by reference to control through voting rights or board appointment and requires two years' prior existence for group eligibility; the Served From India Scheme permits transfer of Duty Credit Scrip within group companies, so the definition governs which enterprises qualify for intra-group transferability under the Foreign Trade Policy. (AI Summary)
Customs - Import - Export - SEZ
Re-export prohibition restricts sending imported inputs to Nepal despite trade policy allowing such exports subject to convertible payment.
The article explains that while the Foreign Trade Policy permits export of imported spare parts provided payment is received in freely convertible currency and exports to Nepal were equalised in 2012, a bilateral treaty with Nepal contains a re export prohibition barring re exports of goods imported from third countries without manufacturing activity; this treaty provision currently prevents Indian firms from exporting imported inputs to Nepal for after sales service absent amendment or Customs clarification. (AI Summary)
Customs - Import - Export - SEZ
Pre-deposit requirement: fixed percentage now required for customs appeals, restricting appellate access and stay relief unless deposited.
Reclassification of customs officer ranks adds Principal Chief Commissioners and Principal Commissioners and preserves other officer classes. Procedural amendments add "vehicle" for deemed presentation and allow bills of entry to be filed before manifest/report for vessel, aircraft or vehicle arriving within thirty days. Mineral oils imported from the continental shelf or EEZ before 7 February 2002 are deemed exempt and are not recoverable, with no refunds for duties paid. Settlement Commission name and scope are expanded and settlement applications broadened; concealment penalties are confined to concealment from a customs officer. A mandatory pre-deposit regime for appeals at successive stages is introduced, subject to an overall ceiling. Safeguard duty rules, baggage allowances and advance rulings for resident private companies are also amended. (AI Summary)
Customs - Import - Export - SEZ
Information return obligations extended to specified authorities, with notice, rectification and penalty consequences for noncompliance.
Section 15A mandates specified persons and public and private authorities who maintain registers or transaction records under other laws to furnish prescribed information returns to a prescribed authority; the authority may require rectification or issue notices for non submission. Section 15B imposes a daily penalty for continued failure to furnish such returns after notice. Other amendments expand officer designations, rename the Settlement Commission, revise settlement application timing and appellate filters, and institute mandatory pre deposit conditions for appeals, while notifications mandate electronic duty payment and clarify valuation and sectoral assessment rules. (AI Summary)
Central Excise
Commencement of service tax provisions: key Finance Act sections brought into force and legacy sections ceased.
Notifications appointed 1 June 2012 and 1 July 2012 as commencement dates for specified clauses of the Finance Act, 2012, bringing into force provisions addressing definitions, charge of service tax, place of provision, the negative list and declared services, interpretation, valuation and payment. They also provide that corresponding sections of the Finance Act, 1994 shall cease to apply from 1 July 2012, subject to savings for acts or omissions before that date. (AI Summary)
Service Tax