My answer on IDT(old) May 2010

Final 2515 views 68 replies

Q1.

a) 1) Related to specified goods-received in damaged conditions.

    2) Assessee-Maufacturer,Private warehouse keeper and agent

b) 1) 30 April

    2)  30 days

c) Sec 6- CNG

d) Sec 21- Damage/destruction due to unavoidable causes

e) 1) True- not input as per 2(k)

     2) True- 5% for manufacturer

Q2.

a) Sunita Devi Trust- Tribunal can accept after 6 month

b) Rs 2,23,000

c) not sure, need ur suggestion

d) If opt for CENVAT-normal provision. if no CENVAT- i think SSI provision

Q3.

a) Shri Badiyanath Limited, Nagpur- Classify it as tooth powder- Trade paralance theory

b) Karam Chand- Not manufacture

c) Those refund which is not transfered to assessee due to unjust enrichment.

Custom

Q4.

a) 1) sec 2(2)-include provisonal and reassessment and nil

     2) Sec 2(25) except those cleared for home consumptions.

b) aggregate value received from buyer except from related party -rule 3

c) Please you tell me

d) taking out good out of india, dta to EOU, yes if good crossed territorial water of india, duty drawback available.

Q 5.

a) simple calculation

    air frieght- 20% FOB, insurance- 1.125%, Landing- 1%, transportation from airport- nil

b) Sony India Limited- Department is wrong

c) yes, India Sales Internationals

Sevice Tax

Q6.

a) 1) No

     2) Yes

      3) Yes

b) No, Sec 84-trf to comm (Appeal)

c) 1) Service reciver is liable

    2) not fair idea

d) Not attempted

 

   

 

Your inputs are welcome...........

Replies (68)

Do leave ur valuable comments and answer of those question in which i am not sure.......Thanks
 

my frd its a good effort..r u sure about sony limited case law..

Originally posted by : Amit.C( C.A FINAL 2nd group )

my frd its a good effort..r u sure about sony limited case law..

yup friend, if u will study that case, u will find that its same

any comment?????

Good attempt, hope you will score good marks

in my opinion Q4 (D) should be like this

Sec 47 interest is charged when goods are cleared for home consumption and duty is not paid within framed time period i think 5 days.

In case goods are warehoused there is no scope for levying interest u/s 47.  In that case only interest to be levied is u/s 61(2).

Hence statement is incorrect

Originally posted by : MOHIT MAHAJAN

Good attempt, hope you will score good marks

in my opinion Q4 (D) should be like this

Sec 47 interest is charged when goods are cleared for home consumption and duty is not paid within framed time period i think 5 days.

In case goods are warehoused there is no scope for levying interest u/s 47.  In that case only interest to be levied is u/s 61(2).

Hence statement is incorrect

i missed this, i have written that 47 is for warehousing.........such stupidity...

In ser tx are u sure third service of railway  is yes?

yes, its new amendments, before this except government railways all were liable to service tax but now they have deleted government n so every transportaion of good by rail is taxable.

Que 2(c)  i think all r covered in input nd 100% credit available

Que. 1 (c) sir plz explain it it is not abt CER,2002

Que 1(e)(ii) it is  5% of VALUE(sec4(1)/sec 4A / Sec #(2),not 5% of PRICE

so i think it is false

 

Originally posted by : Lalit aggarwal

Que. 1 (c) sir plz explain it it is not abt CER,2002

its abt those manufaturer who produce CNG having more than 1 premises and under sameJurisdiction as per sec 6.

Q6.a) 3) Yes

 

sir there is exemption notification so no S.T. liab

boss exemption withdrawn


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