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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

   

Money ... Black is Beautiful!


Black Money

Sir,
What about the domestic black money.
1. Real Estate - huge gap in the actual price vis-a-vis transaction price - in most of the places the difference could be many fold.
2. All the showrooms in the markets - big cities, small cities, towns and even villages - daily sales trasanction is few lakh to few crores - either not paying any tax or paying a fraction of tax - as there are no books of accounts, no sale invoices. I know many in my city - who do not know - what is income tax and owns many properties as they are flush with cash and the only place is to buy either gold/silver or immovable property. SHould there be not a "composition scheme" for income tax on such traders, shopkeepers.
3. This category is of the "marriage homes/places/farms" mushrooming every where - they do not pay service tax - as most of them are not registered - double dhamaka for them - avoid service tax and income tax both. Few of them are smart enough to charge service tax and collect but not paying.
4. Instead of audit of the registered/PAN holders - the crowd in the CBEC should be deployed to monitor these establishments - this will add to indirect tax collection and indirectly would add direct tax collection also. Going rate of these places is anywhere between 10 lakhs to crore - imagine the amount of service tax, VAT and income tax being evaded. Our officials and ministeres are also happy to attend such gatherings without mindful of the evasion.
5. Then you have the private schools from kindergarden to higher levels - many of them are pure commercial - cahrge huge fees and pay little to thier staff. No PF, no TDS and no income tax on income. I have seen my neighbourhood schools have grown from one room play school to a medical college besides few senior secondary schools - the director/promotor/malik - have progressed to 1000 sqaure meter houses with fleet of big cars - but pay a pittance as income tax.
There is a need to take a holistic view and concrete use of work force to collect tax from the non-payers is required but the babus always find ways to arm twist the companies paying good amount of tax but not servicing the babus who comes for audit as a routine once in a year and other wise also, completely ignoring the EA 2000 Audit manual which mandates the risk profiling - there is no such profiling and no body is ever told of the risk. Just see the auditors raising a para for reversal of some cenvat credit of few lakh in a company which pays 1200 crores of excise duty out of which 45% is though PLA, what a risk??

The views are strictly personal.

Arbind Aggarwal

Arbind Aggarwal 23/08/2014

 

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Technical Session I - Ease of Doing Business: GST on Digital Economy