VAT-20 (annual statement) in Punjab to be online w.e.f 01-11-2012

0 comments Tuesday, October 30, 2012


Excise & Taxation Department, Punjab has made online filing of VAT-20 (annual statement) under Punjab VAT Act, 2005, for the year 2011-12, mandatory w.e.f 01-11-2012. A public notice to this effect has been issued.  

 The online utility for filing VAT-20 is not available as yet, therefore it is stated in the public notice  that the annual return will now be filed from 1st December 2012 to 31st December 2012.
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No seizure of Jewellery upto 500 grams claimed to be of married lady

0 comments Monday, October 29, 2012

We have duly considered the rival contentions and gone through the record carefully. In the judgement of Hon'ble Gujarat High Court relied upon by the assessee, the scope of the circular bearing no. 1916 has been considered. It is true that this circular was issued by the Board guiding its officials not to seize gold jewellery, if it is found to the extent of 500 grams and claimed to be of a married lady. Similarly, to the extent of 250 grams claimed to be belonging of a unmarried lady and 100 grams claimed to be belonging of male member, than no seizure is to be affected.
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No TDS u/s 194C when transportation done by supplier

0 comments Friday, October 19, 2012


SECTION 194C OF THE INCOME-TAX ACT, 1961 - DEDUCTION OF TAX AT SOURCE - PAYMENTS TO CONTRACTORS & SUB-CONTRACTORS - DEDUCTION OF TAX AT SOURCE ON PAYMENT OF GAS TRANSPORTATION CHARGES BY THE PURCHASER OF NATURAL GAS TO THE SELLER OF GAS

CIRCULAR NO. 9/2012 [F. NO. 275/11/2012-IT(B)], DATED 17-10-2012

Representations have been received from various sections of the Industry on the difficulties faced in the matter of Tax Deduction at Source on Gas Transportation Charges paid by the purchasers of Natural gas to the sellers of gas.
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Works contract service after negative list-Part II(reverse charge)

0 comments Wednesday, October 17, 2012



In the previous article(see previous article here) some aspects of works contract service were discussed. In this continuing article an attempt has been made to discuss the reverse charge mechanism in works contract service.

What is reverse charge: Before jumping to the reverse charge mechanism in works contract service, it is important to understand what is reverse charge.  Normally service tax is payable by the service provider after charging/collecting the same from the service receiver.
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Again two challan forms for VAT payment under Punjab VAT Act, 2005

0 comments Monday, October 15, 2012


 It is for the information of all concerned readers of blog that for VAT payment under Punjab VAT Act, 2005 two challans are required to be filled up. One is VAT-2 and other is VAT-2A. Earlier only one consolidated challan i.e VAT-2 was introduced in suppression of the three challans i.e VAT-2, VAT-2A and VAT-2B w.e.f 14-12-2011. It was a relief for the common taxpayer after the introduction of one consolidated challan in form VAT-2.
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AO must apply his mind before disposing off stay application

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Delhi High Court in an important case namely Virgin Mobile India (P.) Ltd. v. Assistant Commissioner of  Income tax has held that while disposing off the stay application of an assessee the assesseing officer must apply his mind and should dispose not outrightly reject the stay application without reasons.

It is generally seen that stay applications are rejected by assessing officers in a mechanical manner. Even  no reasons are given while disposing off the stay applications. The AOs while disposing off stay applications just try to safeguard the interests of revenue and they dont try to see the hardship being caused to assessees if the stay application is rejected. This judgement is a good one to cite before AOs during the hearing of stay applications.
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Due date of Service tax return for April-June-2012 extended to 25-11-2012

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Due date for filing of service tax returns for the period 
01-04-2012 to 30-06-2012 has been extended from 25-10-2012 to 
25-11-2012. 

Rule 7 of the Service Tax Rules, 1994 - Returns - Extension of time to file return in form ST3

ORDER NO. 3/2012 [F.No.137/99/2011-ST], dated 15-10-2012
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Works contract service after negative list-Part 1

0 comments Sunday, October 14, 2012


Service portion in the execution of a works contract has been declared as service u/s 66E after the introduction of negative list. That means works contract service per se is not a service but it is a service because it has been declared to be  a service u/s 66E. Here an attempt has been made to elaborate on the works contract service after the introduction of negative list.
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No penalty u/s 51 of PVAT Act when there is voluntary reporting and no Punjab Tax involved

0 comments Friday, October 12, 2012

Punjab & Haryana High court in State of Punjab vs ABB Limited has upheld the order of Tribunal to the effect that when there is voluntary reporting at the ICC when goods were imported into the State of Punjab hence there was no tax of Punjab was involved, therefore no penalty u/s 51 of Punjab VAT Act could be levied.
  

Held: Tribunal concluded that there was no error on the part of the respondent-dealer as full sales tax on the transaction being inter state sale had been paid and the element of tax in Punjab State was not involved. It was also noticed that there was voluntary reporting at ICC and the goods were accompanied by proper and genuine documents complete in all respects. Also payments for the transactions were made through the banking channels i.e. by cheques and were not kept out of the books of account.
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Direction regarding collection of processing fee under Punjab VAT Act

0 comments Sunday, October 7, 2012


OFFICE OF THE EXCISE & TAXATION COMMISSIONER, PUNJAB


To,

                        All the Deputy Excise & Taxation Commissioners (Divisions),
and  all AETC's (District Incharge) in the state.


No. DETC-VAT-2012/2                      Patiala, dated: 05-10-2012
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