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FM reviews CAPEX of CPSEsGovt writes to over 2800 corporates to clear MSME duesGovt carrying out reforms in every sector of economy to prop up growth: PMIgnoring limitation proves costlyInverted duty structure - A Case study (See 'TOG Insight' in Taxongo.com)CBIC promotes four officers as Pr Commissioner of Customs & Central Excise + posts Sameer Pandey as DS in GST Council SecretariatSC cannot be a place for Govts to walk in when they choose, ignoring period of limitation prescribed - Petition dismissed as time barred; costs imposed on State for wasting judicial time - amount to be recovered from officers responsible: SCIs penalty compulsorily attracted on late payment of GST?No mutation of COVID-19 detected in India: Health MinisterCus - Goods re-imported for repair and re-exported - Merely because Assessee could claim duty drawback later on and it may give rise to a revenue neutral situation, it cannot be said that period of one year prescribed in 158/95-Cus is without any meaning: HCST - Payment of mobilization advance is a separate financial transaction within contract for providing of service & so is not to be included in gross taxable value as per Section 67 of Finance Act 1994 - duty demand cannot be raised thereon when there is no allegation of any part of contracted value having evaded taxation: CESTATBSVI introduction a revolutionary step: JavadekarCX - It is settled position in law that an assessee is entitled to interest on delayed disbursal of refund after three months from date of filing of refund claim till date of its realisation: CESTATCus - Drawback - After turning down request for taking test samples, Revenue cannot brush aside report given by an expert Committee simply for the reason that sample was not drawn and referred by Department: CESTATPayment made to a trust formed for the benefit of employees of the company, of which the assessee was a shareholder & whose shares the assessee had sold, does not qualify as expenditure incurred wholly in connection with transfer of asset: HCBogus purchases - only the profit element embedded therein is to be disallowed, rather than the entire quantum of purchases made: ITATSearch assessment is invalid where it is completed even before search operations are conducted or where any material incriminating the assessee has not yet been found: ITATWhere assessee did not claim exemption in respect of one residential property, the assessee can avail such benefit in respect of a second house or plot of land: ITATIndia successfully test-fires cruise missile from Indian Navy’s destroyer INS ChennaiCOVID-19: Global tally goes past FOUR Crore with 11.15 lakh deaths; America has close to 27 lakh active cases against 8 lakh in IndiaCOVID-19 - Almost 80% new cases coming from 10 StatesCountrywide S&T infrastructure facilities to be accessible to industry & startups: GovtPM calls for speedy access to vaccines once readyNew Zealand PM earns second term for managing COVID-19 wellDigital Media - Govt to extend all benefits available to othersGovt not considering any DA for Govt employees: GangwarCBDT issues transfer order of 395 Addl / JCITs on All India basisSBI given nod for sale of electoral bonds for 10 daysEducation CESS - the spoilt fruit
 
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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