News Update

VAT - If notice for completing assessment issued within limitation, then assessment order is within time even if passed beyond period of three years: HCGST - Cancellation of registration of GST has cascading effect on all other businessman who are receiving the goods from the registered person - Delay in filing appeal is condoned as petitioner has already made pre-deposit: HCGST - Impugned order was not reflecting under the tab 'view notices and orders' - Consequently, petitioner being unaware of the same could not contest validity within limitation period - Order set aside: HCGST - Respondents are well within their rights to levy GST on the royalty paid by the mineral concession holder for any mining concession granted by the State: HCDRI canon - Sleuths in SnagACC appoints two new Members for CBICJharkhand Assembly polls – voting underway for 43 seatsIndia-Russia discuss cooperation in Pulses tradeMHA tells House Panel that only 38 civilians lost their lives in North-East in 2023; skips mention of ManipurBoost for Make in India - Integrated Manufacturing Cluster coming up at GayaBangladesh seeks help for Interpol for arresting ousted PM HasinaNFRA recomments revising SCQ1, SQM1 & SQM2 standardsElon Musk, Vivek Ramaswamy to run new Department of Government Efficiency in USAPFRDA invites bid for System Integrator for PFRDA Connect websiteTaliban appoints Ikramuddin Kamil as Acting Consul at MumbaiWith 11% growth, PSBs perform well in 1st half of FY 2024-25CBIC notifies Customs Tariff rates for Gold, Silver and crude oilCBDT notifies PNG Regulatory Board under Section 10(46A)(a) of I-T ActCBIC notifies ICD at Jajpur, OdishaI-T - Non-addition of any income on account of same being interest commensurate with TDS deposits, or making further enquiries would not confer PCIT with jurisdiction to pass an order u/s 263 : HCI-T - If there is settlement arrived at between members of Hindu undivided family, then cost with reference to acquisition of property would have to be assessed as per Sec 49(1)(i): HCI-T - Joint venture undertaking which was awarded a contract for full-fledged development of Airport, can be said to be 'developer' eligible for deduction u/s 80-IA(4): HCI-T - If tax is deductible at source, then assessee shall not be called upon to pay tax himself to extent to which tax has been deducted from that income: HCI-T - Revenue authorities are not justified in continuing retention of books of accounts and other documents contrary to provision of Sec 132(8): HCI-T- Power of revision is unwarrantedly exercised where it is based on incorrect assumption of facts: ITATST - Software imported and sold by the Appellant is import and sale of goods and is not exigible to service tax: CESTATST - Once Appellant had paid VAT on the sale of goods, service tax cannot be demanded on such sale of goods: CESTATST - Burden of proving that assessee suppressed facts with intent to evade payment of Service Tax is clearly upon the Department; is necessary for the Department to illustrate any positive act of suppression on assessee's part: CESTATCus - Where imported motor vehicle is registered & certified for compliance with Central Motor Vehicle Rules , then separate EC Type Approval Certificate under Import Licensing Note to Chapter 87 of Customs Tariff Act 1985, is not needed: CESTATCus - Substantial benefit of tax exemption cannot be denied based on procedural lapse alone; confiscation of imported vehicle is not tenable where no mis-declaration of description or classification or quantity, is involved: CESTAT

MESSAGE BOARD

   

Mr Prime Servant - Here is a sample of your Ir-Reverent Servant


Please follow Principles of Natural Justice

Dear Editor,
You always criticize the revenue officers for not following the principle of natural justice but you have posted article about Dr Ajitesh without giving him an opportunity to explain his side of the story and giving the reader the complete perspective. This is extremely unfair and unethical on your part not follow what you expect other to do. It is becoming quite common on taxindiaonline to criticize the departmental officers without hearing their side of the story. While it is understandable that most of your clients are from corporate and they may rejoice the stories which show the department on the bad light, yet for the sake of fairness, you must not be seen to favour one side at the cost of other else you stand to lose all your credibility.
With best compliments
Dr A K Singh
Commissioner LTU Chennai

ltu ltu 20/08/2014

 
Re :Please follow Principles of Natural Justice

It is a fact that once you selected for Civil services you are on top of the world. This is what they have inherited from British and are continuing carried forward. They want all the facilities on the cost of tax payers hard earned money without any responsibilities or answerable to anybody. IS HAMAM MAIN ME SAB NANGE HAIN and hence you can not expect and fairness from them, The present PM must bring the administrative reforms with scraping of UPSC exams except for the technical posts. All others should start their career with grass root level. Then they will know the ground realities and perform their duty well and productive manner.

rajesh kurian 20/08/2014

 
Re :Please follow Principles of Natural Justice

i am surprised with this post. Instead of finding fault with the five year old IRS officer the seniors are jumping to his defence.

The order is quite verbose and even if Mr Vijay Kumar had not added anything into it it would still be a scorcher for the officer.

What is this about hearing the other side of the story? With due respect the Dr. Commissioner has failed to recognize that this report is not a news story but an order of the CIC where the Hon'ble Information Commissioner has penned his displeasure in as many words. And it is surprising that while reporting an order the Commissioner wishes that natural justice be delivered. If that be so, the Gujarat HC (another young IRS officer denying refund was involved) Delhi HC (customs officer cost imposed) and even the Supreme Court or for that matter the CESTAT has in as many cases come down heavily on the departmental officers. does the learned commissioner expect that the reporting media should in all such cases hear the other side of the story and then report the case. I think once the Hon'ble authorities have delivered an order - mind you the Information Commissioner has put it in black and white the events that transpired while hearing the case - it is for the department to take the case the next level and get the remarks expunged if they are so concerned about the young IRS officer. Instead of asking the officer to take a few tips on etiquette if seniors like you rally around him, i know what the department would be in the days to come - just ask your subordinate officers the brashness of the young IRS officers and you will get to know the truth.

And yes, the corporate does relish such news and so also the departmental officers when it is via an order delivered by an august body.

But why are some pained by this - as the saying goes there is always a rotten apple in a basket!

sachin deshmukh 20/08/2014

 

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