Leaf No : 14
Month : May
Year : 2011
editor’s desk

Greetings from Team SA!


“Nobility” is an adjective often used to define legal profession for the reason that it has a history of high standards and considered to be an ideal profession and the only profession expressly recognized in the constitution of India (Article 20) as the guardian of individual rights. The word nobility was attached to the legal profession to such an extent that the word “accountability” was totally and concisely forgotten with reference to the legal profession. This is because nobility implies a high standard of self imposed moral responsibility and hence not liable to be monitored and adjudicated from without. The word nobility which was considered as the de-facto synonym of legal profession has now been totally eclipsed by yet another equally potent word called “necessity”...

read more...

 
 
sa corner

On 28th May 2011, the annual awards for excellence, top performance, the founder's trophy for outstanding contribution and the 10th anniversay special award  "superstar" of swamy associates, were all given at the summer tour of swamy associates at wayanad, kerala.

... click here for pics

 
 

launching soon ...

 

swamy associates @ PUNE

 

 
genie in aladdin’s lamp

#  Authority for Advance Ruling lays down situations in which CVD is to be discharged on MRP basis...Click here for copy of the ruling

#  Authority for Advance Rulings limits application of concept of ‘SEZ – a foreign territory’...Click here for copy of the ruling

#  GTA service not deemed as an outputservice - CESTAT Banglore...Click here for copy of the decision

#  No selective waiver of penalty under Section 80 of Finance Act, 1994 holds CESTAT Chennai...Click here for copy of the decision

#  Harmonious reading of SEZ provisions with Service tax notification exempts services provided to SEZ units from service tax holds CESTAT Delhi...Click here for copy of the decision

#  CESTAT Bangalore orders pre-deposit in respect of construction service provided prior to 01-06-07 involving provision of service as well as transfer of goods...Click here for copy of the decision

#  No drawback when DTA exports goods purchased from EOUs holds the High Court of Karnataka... Click here for copy of the judgement

#  No discretion to reduce quantum of Penalty under Section 11AC holds the Hon'ble Supreme Court...Click here for copy of the judgement

 
 
before parting ...         -jk

 "old wine in new cask"

 
 
 
latest news

 Newlook website of "swamy associates" launched. Click "before parting" below

 Service tax on lawyers under “legal consultancy services” stayed by Delhi High Court.

 Delhi High Court has reserved the judgement in the case of service tax on “renting of immovable property”

 Foreign Direct Investments (FDI) permitted for Limited Liability Partnerships;

 Service tax department instructed to raise protective demands for “sale” of sim cards in absence of clarity on vatability/service tax liability on the said transactions.

 Public comments and suggestions on negative list of services for the purpose of GST to be submitted to CBEC/Ministry of Finance on or before June 15, 2011.

 vat spot 

# Consideration received as royalty for allowing assignee to use trademark and logo, to be treated as consideration for transfer of right to use goods and is subject to sales tax ...Nutrine Confectionary Company Private Limited vs. State of Andhrapradesh - 2011 40 VST 327 (AP)

 
circulars & notifications

excise & customs

# CBEC clarifies on exemption from excise duty for pipes used for water treatment plants... Click here for copy of the Circular

# Board issues detailed instruction on compliance and assessment aspects of Project Import Regulations, 1986...Click here for copy of the Circular

#  CBEC clarifies on the latest CENVAT amendments... Click here for copy of the Circular

service tax

#  CBEC clarifies liability of subcontractors under Service tax... Click here for copy of the Circular

#  CBEC clarifies on various issues regarding levy of service tax on hotels and restaurants...Click here for copy of the Circular

#  CBEC clarifies newly introduced provisions regarding prosecution under Service tax... Click here for copy of the Circular

#  CBEC issues clarification on the exemption from service tax to SEZ under Notification 17/2011-ST...Click here for copy of the Circular

#  CBEC further explains what is "used outside india" under Rule 3 (1) of Export of Service Tax Rules, 2005 for the period prior to its deletion...Click here for copy of the Circular

 
 
disclaimer

The views expressed and the information provided in this newsletter are of general nature and is not intended to address the circumstances of any particular individual or entity. Further the above content should neither be regarded as comprehensive nor sufficient for making decisions. Although we endeavor to provide accurate and timely information, there is no assurance or guarantee in this regard. No one should act on the information or views provided in this publication without appropriate professional advice. It should be noted that no assurance is given for any loss arising from any actions taken or to be taken or not taken by anyone based on this publication.


Should you have any feedback or require any clarifications, please do write to :

 
newsletter@swamyassociates.com
 
 
contact sa
mail@swamyassociates.com
www.swamyassociates.com
 
 
 
 
team sa
s. jaikumar +91 93400 34455
g. natarajan +91 93400 54477
m. karthikeyan +91 93400 66688
a. p. ravi +91 93400 54466
p. dwarakanath +91 93963 31929
r. subramanya +91 93759 23016
k.s. ramesh +91 93420 45442
sindhu mangat +91 93400 11034
 
chennai       •       coimbatore       •       bengaluru       •       hyderabad       •       ahmedabad