News Update

ST - Amendment made to FA, 1994 on 14.05.2015 making service tax applicable retrospectively on chit-fund business is only prospective - Refund payable of tax paid between 01.07.2012 to 13.05.2015: HCST - SVLDRS, 2019 - Amnesty Scheme, being of the nature of an exemption from the requirement to pay the actual tax due to the government, have to be considered strictly in favour of the revenue: HCCX - Issue involved is valuation of goods u/r 10A of CE Valuation Rules, 2000 - Appeal lies before Supreme Court: HCCus - Smuggling - A person carrying any article on his belonging would be presumed to be aware of the contents of the articles being carried by him: HCCus - Penalty that could be imposed for smuggling 3.2 kg of gold was Rs.88.40 lakhs, being the value of gold, but what is imposed is Rs.10 lakhs - Penalty not at all disproportionate: HCCus - Keeping in mind the balance of convenience and irreparable injury which may be caused to Revenue, importer to continue indemnity bond of 115 crore and possession of confiscated diamonds to remain with department: HCCus - OIA was passed in October 2022 remanding the matter to adjudicating authority but matter not yet disposed of - Six weeks' time granted to dispose proceedings: HCI-T - High Court need not intervene in matter involving factual issues; petitioner may utilise option of appeal: HCChina asks Blinken to select between cooperation or confrontationI-T - Unexplained cash credit - additions u/s 68 unsustainable where based on conjecture & surmise alone: ITATHonda to set up USD 11 bn EV plant in CanadaI-T - Re-assessment is invalid where based only on a suspicion that income escaped assessment & where not based on concrete reasons to believe for commencing such proceedings : ITATImran Khan banned from flaying State InstitutionsI-T - Income from sale of flats cannot be computed in assessee's hands, where legal possession of flats had not been handed over to buyers in that particular AY: ITATPro-Palestine demonstration spreads across US universities; 100 arrestedI-T - Investment activities in venture capital which are not covered in negative list under Schedule III to SEBI Regulations, qualifies for deduction u/s 10(23FB): ITATNATO asks China to stop backing Russia if keen to forge close ties with WestCus - When Department has not complied with time limit, the order issued for revocation of licence or order issued for continuation of suspension licence cannot sustain: CESTATNY top court quashes conviction of Harvey Weinstein in rape caseWeather prediction normal for phase 2 poll dayIndiGo orders 30 Airbus A350s for long haulsST - Appellant is an 'authorised medical practitioner' providing 'healthcare services' - services exempted in terms of clause 2(i) of notification 25/2012-ST: Commr(A)RBI to issue fresh guidelines for banks to freeze suspected bank accounts being used for cyber crimesREC avails SACE-Covered Green Loan for 60.5 Billion Japanese YenStudy finds Coca-Cola accounts for 11% of branded plastic pollution worldwideCus - 'Small Form-factor Pluggable Optical Transceivers' are classifiable under CTH 8517 7090 and not under CTH 8517 62 90 - entitled for benefit of duty concession under 57/2017-Cus: CESTATDoNER discusses Development of Tourism in North EastCX - Appellant is eligible for exemption under Notfn 12/2012-CE upon fulfilling all conditions stipulated therein, thus sufficiently establishing that goods dealt with by Appellants qualify for exemption: CESTAT
 
EASIEST Electronic Accounting System in Central Excise & Service Tax

TIOL-DDT 415
27 07 2006
Thursday

Now you can actually pay your excise and Service Tax without moving out of your office, any time you want to pay, using the internet banking facility.

This is how it works:-

++ Register with the bank for e payment

++ Log on to the bank’s web site

++ Enter the secure zone with your user name and id

++ Select “pay tax” – CBEC; you get a challan to fill up

++ Your assessee code, location code etc are validated and you are taken to the “make payment” section

++At this stage you can “continue” or “cancel”

++ Once you continue, you are taken to your bank account from which you will have to authorize debit.

++ Once payment is made you get a system generated payment confirmation number.

++ The Bank will print the challan and send one copy to the Range and the PAO and two copies will be delivered to the tax payer.

As on July 26, 2006, this facility is available with the following banks.

1. Union Bank of India

2. UTI Bank

3. ICICI Bank

4. HDFC Bank

5. IDBI Bank

6. SBI

7. PNB

8. IOB

9. State Bank of Travancore

10. Bank of India

11. Corporation Bank

12. State Bank of Saurashtra

13. Indian Bank

14. State Bank of Patiala

15. State Bank of Hyderabad

16. Syndicate Bank

17. State Bank of Bikaner and Jaipur

18. Vijaya Bank

19. State Bank of Indore

20. Bank of Maharashtra

21. State Bank of Mysore

22. United Bank of India

23. Bank of Baroda

Try it! Paying taxes is as simple as buying an online ticket.

Income Tax offices to work on Saturday and Sunday.

At least one Chief Commissioner – Ludhiana has announced that the Income Tax offices will remain open on July 29th and 30th to attend to the returns rush.

Err for revenue

Revenue authorities make a mockery of the adjudicating system with their ‘fear’ of consequences that it is easier for a camel to pass through the eye of a needle than for an assessee to get a favourable order from a Revenue officer. They are all so afraid that they will be under the scrutiny of CBI, Vigilance, bosses, if they pass an order favourable to the assessee that they take the easy route. Err on the side of revenue. Many of them openly tell you, “you win in appeal” If I am going to win in appeal, why can’t I win at the very first stage?

All the officers who pass favourable orders to Revenue are not really revenue loving patriots. Most of them are actually traitors. There are many orders written only in such a way that they cannot sustain appellate scrutiny. But these officers cannot be charge sheeted, because their orders are in favour of government and you can’t expect somebody to pay you for passing an order against him, Can you?  

Though officers are scared to pass orders against revenue, actually in practice, very few officers are charge sheeted on account of their orders. And even the few who had to face disciplinary proceedings could succeed by citing the Supreme Court case of ZB Nagarkar.

A little about the Nagarkar case:

ZB Nagarakar was a Commissioner of Central Excise. In an order passed by him, he demanded duty, confiscated the goods, but did not impose penalty. The department gave him a notice proposing to initiate disciplinary proceedings for mis conduct. He challenged the notice in the CAT which dismissed his application. He went to the High Court; there also same fate. In the mean time he was transferred out and posted in the National Academy. He went to the Supreme Court.

The Supreme Court held

1. It was his responsibility to impose penalty. To that extent, his order was wrong.

2. But he cannot be punished for passing a wrong order. The department’s remedy lies in  appealing against the wrong order, not punishing the adjudicating officer

3. If the government thought that he was a wrong doer, posting him to the academy is a gross mistake. A post in the academy should be an honour, not a punishment.

This case was a big protection for the rare officer passing a judicial order. But now the Supreme Court has ruled that Nagarkar is bad law.

See our Supreme Court case “Duli Chand” today

Until Tomorrow with more DDT

Have a nice day.

Mail your comments to vijaywrite@taxindiaonline.com


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