201409.29
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India opposes global plan to make tax arbitration binding in G-20 in Australia

During G-20 meeting of Finance Ministers ,in Australia ,  our Finance Minister of State Mrs Nirmala Sitharaman, categorically opposed an international proposal to make arbitration binding and mandatory in tax treaties . Since, it will otherwise effect sovereign rights of India. It was emphasised ,in G-20 meet ,that under the mutual agreement procedure (MAP) for…

201409.24
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CESTAT has the powers to extend the stay beyond the period of 365 days under the provisions of Section 35C (2A) of the Central Excise Act, 1944

2014-TIOL-1846-CESTAT-AHM IN THE CUSTOMS, EXCISE AND SERVICE TAX APPELLATE TRIBUNAL WEST ZONAL BENCH, AHMEDABAD Application No.E/MA(Extn)10941/2014 Appeal No.E/509/2011 Arising out of Order-in-Original No.02-03-COMMR-2011 Dated: 11.1.2011 Passed by the Commissioner of Central Excise & ST., Ahmedabad Date of Hearing: 31.7.2014 Date of Decision: 2.9.2014 M/s BHARAT VIJAY MILLS VS COMMISSIONER OF CENTRAL EXCISE AND SERVICE TAX,…

201409.17
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Suo Motto Stay after Mandatory Pre-Deposit under Section 35F w.e.f 06.08.2014

Anand Mishra, Advocate For long there was a chaos as to what will be modus of stay on recovery after the  stay applications have been dispensed off by an  amendment in Section 35B(7)(a) of CEA,1944 . Before   referring to the CBEC circular no . 984/08/2014-CX., Dated: September 16, 2014, it is very important to refer…

201409.09
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Section 35F of CEA,1944 – Implications w.e.f 06.08.2014

Anand Mishra, Advocate The newly enacted 35F of CEA,1944 w.e.f 06.08.2014 results into  new era in appeals . Query 1(a) Whether an assessee is supposed to file a stay application alongwith an appeal before CESTAT ? Answer: No, it is not required to be filed before appellate authorities. Further,in budget speech Honourable Finance Minister had stated that…