SCS 2006 09
SCS 2006 09
H I G H L I G H T S
l From the President 03
l Academic Guidance 05
l Legal World 12
l Students Services 16
CS Examination-June 2006- Results 20
l Students Quiz 24
l SMTP Organised by HQ/RCs/Chapters 25
l Schedule of Academic Development Programmes 25
l Schedule of Training Orientation Programmes 25
l News and Announcements 26
l 35 Years of CS on CD-ROM 40
Yours sincerely,
(H M Choraria)
[email protected]
Kolkata
September 16, 2006
TAX LAWS
LW(S) 57.09.2006
MEDPRO PHARMA [P] LTD v. COMMISSIONER OF CENTRAL
EXCISE [(2006) 4 STT 341(CESTAT)] Justice.R.K.Abichandani (P),
S.S.Kang (VP) & T.V.Sairam (TM) [Decided on 23.6.2006]
The Finance Act, 1994-Section 65(23) -Service tax- Clearing and
Forwarding Agent- Interpretation of the expression clearing and
forwarding operations- Could the expression be dissected into
clearing and forwarding segments- Held, No.
Brief facts : Facts are immaterial for this case. The assessee was
rendering clearing services as agent to its principal. The question of
law involved was whether the term clearing and forwarding agent
could be dissected into clearing as well as forwarding. In other
words, the issue was whether the tax is attracted only when both the
clearing and forwarding services are rendered and not when only
either clearing or forwarding services are rendered.
Decision : The term cannot be dissected.
Reason : A C&F Agents functions consisting of seemingly unrelated
tasks, are well orchestrated. This view is strengthened by various Attention Students!
references including the Report of the United Nations Economic
Commission for Africa. All revealing in no uncertain terms that the
freight forwarders are known variously as clearing agent, shipping SUBSCRIPTION TO
forwarding agent etc. Even if one segment of activities was not
performed, it could not be held that the appellants were not engaged CHARTERED
CHAR SECRETAR
TERED SECRETARY
ARY
in taxable service. Due to their orchestrated nature of work, such
isolated activity could also be covered under C&F operations. Merely, Students may perhaps be aware that the Institute has been
because the bassoon is not played in one of the movements of a bringing out a monthly journal Chartered Secretary for corporate
symphony, it does not cease to be otherwise a part of the orchestra. professionals for the last over thirty-five years. The journal is rated
to be one of the best professional journals consistently maintaining
One has to go by the trade understanding based on sheer common high standards in providing Government notifications, legal decisions
sense. Merely, because a buyer buys only rice and not wheat in a and analytical and informative articles. The journal is not only
grocery shop, which claims to sell wheat and rice, the shop cannot important for corporate professionals, members of the Institute and
cease to be a shop selling wheat and rice. In the same way, rendering lawyers but is equally important for students for keeping them well
only forwarding service could not make the appellant cease to be informed about the latest changes and developments.This in turn
clearing and forwarding agent, so as to save it from the tax. The will not only help the students to write their examinations well but will
expression clearing and forwarding operations is a compendious also help them to step into the professional world with confidence.
expression of nature of services offered, any of which will bring the The Legal World section provides all the latest and important cases,
service providers in the tax net of this category. Moreover, in the the From the Government column provides changes/ amendments
process of forwarding operations, clearance stages may arise such in various statutes/Laws/Rules etc. and the Articles section provides
as at octroi posts or subsequent transits. informative and analytical articles on contemporary topics.
The word and is positioned, being sandwiched between the words The concessional annual subscription of the journal is
clearing and forwarding. In such a positioning, it is not possible to Rs. 300/- for the Registered Students of the Institute. It is in the
segregate the holistic concept of clearing and forwarding into divisible interest of the students to subscribe to the Journal. Students
activities ,either or both of which can be provided for answering the interested in receiving the monthly journal Chartered Secretary may
customers needs. send a Demand Draft favouring the Institute of Company Secretaries
of India for an amount of Rupees 300/- and forward the same to :
The expression C&F operations cannot be dissected into clearing
and forwarding as they fall in the common category and hence, all Joint Director (Publications)
or any of the services of that category will be services provided by a The Institute of Company Secretaries of India
C & F Agent connected with C&F operations and will attract levy of
service tax. 22, Institutional Area, Lodi Road New Delhi-110003.
STATUS OF TRAINING
(Period from 01-08-2006 to 31-08-2006)
15 Months Training with Company/Company Secretary in Practice and 03 Months & 15 days Practical Training
STAGE-I STAGE-II
Biodata of the students sent to the companies/company Students sponsored for training
secretaries in practice for consideration
APPLICATIONS CASES
Pending Received Forwarded for Pending Pending Received No. of students Pending
Training as on during the consideration as on as on during who have actually as on
Type 31.07.06 month (upto 31.08.06) 31.08.06 31.07.06 the month taken for training 31.08.06
(upto 31.08.06)
15 Months in NIL 16 16 NIL 05 69 59 15
Companies
15 Months with NIL 10 10 NIL 08 43 46 05
CS in Practice
3 Months in NIL 40 34 06
Company/
15 Days in
Optional Area
2. Exemption
1. Number of applications pending as on 31.07.2006 : NIL
2. Number of applications received for exemption : 20
3. Number of exemptions granted : 20
4. Number of pending applications as on 31.08.2006 : NIL