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Drug seizure, appreciation letter from unconcerned CC and the confused Board! RECENTLY
the J & K Central Excise Commissionerate made one of the biggest
seizures of heroin - net 25 kg. But this is certainly not big news!
What seems to be carrying greater news value is the letter of one
of the Chief Commissioners who sent the same to the J & K Commissioner,
congratulating him for the exceptional work and asking him to keep
it up! Upto this point it was fine, and can be perceived as natural
outburst of genuine emotions. But what seems to have taken away
the veil of genuineness is the not-so-simple act of sending a copy
of the same letter to the Chairman and all the Board Members. Why?
What purpose does it serve? Should every CC and Commissioner in
the field switch over to this new tradition of sending appreciation
letters to neighbouring or distant jurisdictional Commissioners
if they make a seizure and start sending those letters to the Board?
The CBEC topbrass is confused about the rationale of sending such
a letter to the Board, particularly when the seizure does not fall
in the jurisdiction of the CC at the epicenter! One may imagine
how confused the CC, Chandigarh, must be as he happens to be the
jurisdictional CC. Even as confusion pervades many layers of the
CBEC bureaucracy, the 'Insiders' feel that this is what one does
when nothing much happens in one's own jurisdiction! |
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India, Asean resolve to explore 'Open Sky' policy; Asean meet : PM explicitly hints at aligning peak Customs duty with Asean; Forex reserves slump by $ 666 mn last week; Financial independence necessary for functioning of judiciary: Outgoing Chief Justice of India Justice Y K Sabharwal; |
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| Also Sending you the following files: |
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2007-TIOL-28-HC-ALL-IT.doc + universal story.doc Notice under Sec.148 issued after four years from the end of the assessment year quashed - assessee had disclosed full and true material facts relevant to the assessment year; Exporting right for exhibition of films is nothing but sale of goods and does satisfy contemplated under Sec 80HHC ; Replacement costs of machinery is revenue expenditure; |
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Rebate on goods manufactured in N-E and subsequent exports under Rule 18; 2007-TIOL-70-CESTAT-DEL.doc + jk story.doc Judicial discipline demands that single Member Bench must follow the larger bench decision which is neither expressly nor impliedly overruled by any decision of a higher forum; Cenvat Credit – Appellant as a recipient of raw materials has no say on the assessment taking place at the supplier’s end – strong case for waiver of duty demand – Pre-deposit ordered by Commissioner(A) waived; Modvat credit - declaration under Rule 57G filed - Since assessee failed to prove that the materials received in the factory are defective / sub-standard goods to be used as inputs, already declared under Rule 57(1), credit cannot be allowed; Finalisation of provisional assessment - refund claim - unjust enrichment - Stay granted on Revenue's appeal; Excise levy on MRP - Explanation 2 of Sec 4A on two MRPs - Goods cleared with pre-revised MRPs, after keeping Revenue intimated about the revision, to be assessed at the pre-revised rate; Commissioner has re-quantified demand on his own without giving an opportunity to the appellants to controvert the same - Principles of natural justice violated - Matter remanded;
SERVICE TAX SECTION ST - Procurement of orders and collection of payments not covered under C & F Service - Recovery stayed; Excise levy on MRP - Explanation 2 of Sec 4A on two MRPs - Goods cleared with pre-revised MRPs, after keeping Revenue intimated about the revision, to be assessed at the pre-revised rate;
CUSTOMS SECTION COD – Appellant arrested and detained for a period of one year under COFEPOSA – Delay of 21 days in filing the appeal condoned; |
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What is the rate of Service Tax? Pay only 10.2%? An Open Letter to the Finance Minister by; Demurrage charges for illegal detention by Customs - Who should pay? 2007-TIOL-06-SC-NTT.doc + NTT story.doc NTT stuck for good - Government to bring in amendments - only lawyers and CAs to appear - wait for the amendments; Economic Advisory Council projects new FDI inflow to be larger than portfolio capital; G-33 dismayed over the revised paper by WB on Special Products; SREI Infrastructure to enter into strategic partnership with EBRD; |
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| Regards
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