Taxindiaonline.com - Daily Mail Update
 
2007-TIOL-NEWS-033
Friday, February 09, 2007
 
News Flash

Notified Delhi Master Plan challenged in SC today;

Delhi Govt to phase out CST over four years; to make it 3% in April this year;

Govt considering Delhi-Kolkata rail freight corridor;

Budget 2007 : FBT provisions likely to be amended; Some relief for India Inc;

FM says timely steps have reduced sugar prices in market;

     
 

Dear Member,

Sending you the following files:

 
     
Direct Tax Basket

2007-TIOL-77-HC-P&H-IT.doc + advance tax story.doc

In case of delibertae under-estimation of advance tax, the provisions of Sec 216 get attracted and the interest is payable on under-estimated two instalments of advance tax: HC;

2007-TIOL-76-HC-MUM-IT.doc

Deduction for notional interests on borrowings advanced to another company claimed - Tribunal disallows - In view of SC decision in S A Builders tribunal's decision quashed: HC;

2007-TIOL-75-HC-P&H-IT.doc

Loans above Rs 20,000/- taken in cash and paid later - Penalty u/s 271D imposed for infraction of Sec 269SS - Since loan was taken to pay electricity bill, there was bona fide reason for doing so and tribunal set aside the penalty - HC declines to interfere: HC;

 
Indirect Tax Basket

cbecorder43_2007.doc + cbecorder44_2007.doc

Neeraj Kansal transferred to DoPM & Attached with Member (P & A);

 

CENTRAL EXCISE SECTION

2007-TIOL-185-CESTAT-MUM.doc + sunil 1 story.doc

Whether duty amount paid on supplementary invoices is delayed payment attracting interest u/s 11AB r/w 11A(2B) of the CEA'44 - fit case to waive pre-deposit of interest - Tribunal;

2007-TIOL-183-CESTAT-DEL.doc

Bar of unjust enrichment is not applicable to the refund arising consequent upon the finalization of assessment under rule 9B(5) - SC ruling in Allied Allied Photographics' Ltd and Oriental Exports followed;

2007-TIOL-182-CESTAT-MUM.doc

Selling of HSD at revised prices from depots based on revision fixed by Oil Co-ordination Committee – in absence of evidence that what was collected from customers represented Excise duty, Section 11D cannot be pressed into service – Tribunal’s decision in appellant’s own case followed;

 

SERVICE TAX SECTION

2007-TIOL-181-CESTAT-BANG.doc

Service Tax – Tour operator services – plying taxi from airport to city for customers cannot be considered as tourist services or tour operator – stay granted;

 

CUSTOMS SECTION

2007-TIOL-74-HC-MUM-CUS.doc

Valuation of gold and diamond - Confiscation - Tribunal remands the case - Tribunal cannot remand without recording its findings;

2007-TIOL-184-CESTAT-MUM.doc + genset story.doc

100% EoU - Capital goods imported availing exemption under Not Nos 13/81-Cus and 53/97-Cus - 99% captive power generated sold to State Electricity Board in DTA - Violation of Notification conditions established and duty demand with interest upheld;

 
Common Basket

ddt 9 feb.doc

Courier Imports and Exports (Clearance) Regulations, 1998;

CBEC hikes value of free gifts to be imported through courier to Rs 10,000;

budget story.doc

Cenvat Crdit across goods and services : Loopholes in Credit Rules that need to be plugged fast!

icecubes.doc

Beating about urea subsidy through policy tinkering;

rbi06cir032.doc

RBI allows FIIs to rebook certain percentage of cancelled forward contracts against rupee;

cbuzz0736.doc

L & T, European Aerospace to jointly tap defence sector;

cbuzz0735.doc

Cairn Energy bags two new exploration blocks;

cbuzz0734.doc

Garware Offshore to market ships built by Havyard Leirvik;

cbuzz0733.doc

Baglihar Dam issue : WB expert to give verdict on Monday;

     
 

Regards
Customercare Executive

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