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PM Modi praises Haryana voters for clear majorityDada Saheb Phalke Award goes to Mithun ChakravortiCus - Adjudicating authority notified for Penta Gold caseOsama Bin Laden’s son asked to leave France over social mediaI-T - AO has no jurisdiction to consider claim made by assessee in revised return filed after time prescribed by Sec 139(5) for filing revised return had already expired: SCPM to visit Laos to attend ASEAN-India SummitKautilya Conclave 2024: Dr Jaishankar stressed on emergence of AI and its impactGST - Yatri Sathi App - Applicant, though qualifies the definition of being an e-commerce operator, does not satisfy the conditions of Section 9(5) of the Act for discharging tax liability by an electronic commerce operator: AARIIFT to open first overseas campus in DubaiGST - Purchases of second hand gold jewellery from individuals who are not registered under GST would not amount as supply of goods or supply of services and applicant is not liable to pay tax on reverse charge basis: AARNC-Congress Alliance to form Govt in J&K; BJP breaks taboo in HaryanaFood parks among areas for investments between India and UAE: GoyalCX - Penalty - Rule 26 - SCN and OIO have explained in detail about the nature of offence for which penalty is levied - No breach of any requirement for levy of penalty: HCAbu Dhabi Investment Authority commences operations in GIFT CityGST - KHOL is exempted - End use of the product at the end of the purchaser is not the concern of the assessee and cannot be the consideration for classifying the goods in question: HCSafari Retreats Judgement of Supreme Court: A Pyrrhic VictoryIndia’s RuPay card launched in MaldivesI-T- When the assessee has own funds and surplus is more than investments, then, the presumption is that own funds are used: ITATUS Court orders Google to welcome rival App storesUS to sell lightweight torpedoes worth USD 175 mn to IndiaLawyers, wife not to have access to Imran Khan over security concernsI-T- Re-assessment proceedings are rightly quashed where found to be based on change of opinion : ITATHurricane Milton turns into Category 5 storm

MESSAGE BOARD

   

Service Tax - Exit - Cancellation more difficult than Registration


Non-adversial tax department

Dear Sir,

This is simplification of process? getting registrations are "mission impossible" since begining and surrender is not possible. This is one of the reasons to avoid tax itself rather to pay?

You pay "exces tax" by mistake or eligible for refund on accosunt of any provision (exports, exemptions etc)- again mission impossible? see what is happening to the service exporters (IT services, R & D services etc)who accumulate cenvat credit and refunds are simply not granted. Reason as mentioned in the heading itself - going rates for all kind of refunds are fixed - which could be anywhere from 3% to 15%). Bangalore has the distinction of having highest rate - may be most of the service exporters are there. Else they never find any nexus of input services with export of services besides other "VALID" reasons to deny the refund.

SAD refunds are also in the same category.

Third is the EA 2000 audit - whioch by policy has to be done based on the risk review besides thresold limits. The limits were fixed 15 years ago - and still remains at same level. Risk review is never done at least for fixing this audit. This is evident from the intimation letters sent to assessees. This letter is issued mechanically without considering whether the information saught would actually be available or applicable to a particular assessee. Then seek the information like copy of returns for last few years, copy of registration, and many other such documents which are available with the department online in ACES - if they actually do the risk review then at least such information/documents would not be required again and again each year and where they keep all these PAPERS - earth (place) is limited so is the paper and CBEC Audit wing is wasting both without much purpose?

Quality of audit is also evident from the SCN which follows the audits. This happens when the "RECONCILIATION" is not done properly - else the paras are decided with mutual "understanding" of the parties along with the agreed amount to be reversed and PAID.

One thing is certain that the babus love papers with and without the picture of our beloved BAPU.

Arbind Aggarwal 28/10/2014

 

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