Taxindiaonline.com - Daily Mail Update
 
2007-TIOL-NEWS-045
Friday, February 23, 2007
 
News Flash

Pak test fires 2000 km long range missile;

President says Govt to set up people friendly courts to dispose off petty cases;

Cabinet gives nod to phase out CST; to reduce it to 3% from April 1, 2007 + to set up new IIM at Shillong + DTAA with Myanmar + introduction of Micro Financial Sector (Devt and Registration) Bill, 2007;

After foreign currency in chappal at Airport, heroin found concealed in chappal by Neemuch CBN;

1980 Batch IRS officer Nirmal Singh is no more; dies of cardiac arrest;

     
 

Dear Member,

Sending you the following files:

 
     
Direct Tax Basket

2007-TIOL-08-ARA-IT.doc

Assessee seeks advance ruling by moving fresh application and submitting supposedly fresh facts - Petition filed after pronoucement of ruling - Rule 5 cannot be invoked to support maintainability and the Authority does not have power either to admit additional material or to review the ruling on the basis of such additional material: ARA;

2007-TIOL-49-ITAT-DEL.doc + interest story.doc

Interest on borrowed funds for investing in group companies not deductible: ITAT;

2007-TIOL-48-ITAT-MUM.doc

Assessee is a non-resident - Defaults in filing quarterly returns under Rule 37A - Since reference to Sec 206 is conspicuously missing in this Rule unlike Rule 37, no penalty can be levied u/s 272A(2)(c) - CIT (A) order set aside: ITAT;

2007-TIOL-47-ITAT-MUM.doc

Deductions u/s 80-IB - Assessee imports jumbo rolls of several varieties - Through a process of mechanical and chemical converts them into different products like stickers, panal tapes, laminating labels etc - Since these items cannot be re-converted into raw materials and jumbo rolls are known by different commercial names, it is a manufacturing activity, entitled to benefits u/s 80-IB: ITAT;

 
Indirect Tax Basket

CENTRAL EXCISE SECTION

exnt07_07.doc

Cenvat Credit Rules amended for tariff heading 68, 25 & 22;

etariff07_02.doc

SEZ-related notifications rescinded;

2007-TIOL-250-CESTAT-BANG.doc + hp story.doc

Central Excise – Cenvat credit – No permission required for transfer of credit on amalgamation;

2007-TIOL-248-CESTAT-AHM.doc

Assessee a manufacturer of pencil sharpener - Sends manufactured goods to job worker for assembling - Meanwhile, Govt exempts pencil sharpener from duty - Modvat credit taken reversed by the assessee on his own- Omission of not reversing credit on goods sent to jobworker - Revenue invokes extended period - Since there is no evidence to suggest that there was an intention to evade duty, limiation cannot be invoked;

2007-TIOL-247-CESTAT-DEL.doc

Wrapping paper captively consumed upon payment of duty – Credit availed – restriction of 800/- p.m.t settled in appellants favour – Refund claim filed - Proviso (c) to sub-section (2) of Section 11B of Central Excises and Salt Act, 1944 carves out an exception in respect of cases involving Credit of duty – unjust enrichment not applicable;

 

SERVICE TAX SECTION

2007-TIOL-246-CESTAT-MUM

Service Tax – Consulting Engineer – Respondents rendering Engineering Service and charging licence fees against making available Technical expertise/assistance for cooling Technology – not liable to Service Tax under Consulting Engineer – Revenue appeal dismissed;

 

CUSTOMS SECTION

ctariff07_016.doc

SEZ related Nots 113/2003, 45/2005 and 20/2006 amended;

cnt07_014.doc

Amends 110/2003 related to SEZ;

cnt07_013.doc

SEZ Rules 2003 rescinded;

cnt07_012.doc

SEZ Regulations 2003 rescinded;

2007-TIOL-249-CESTAT-MAD.doc + Loyal Freight story.doc

Customs – CHA – CHA cannot be held to have fulfilled the peremptory condition for regularization of temporary licence - Where the temporary licence itself was bereft of legal sanction, its regularization is out of question;

 
Common Basket

ddt 23 feb.doc + rbi not1.doc + rbi spl.doc

EASIEST Service Tax – RBI Notification;

Margadarsi can at best pay 49 ps to a rupee – Rangachary Committee;

budget story.doc

Dear PC, Please hike medical reimbursement;

transfer story.doc

CBDT does arduous 'homework' to make thoughtless amendments in Transfer Policy;

2007-HRIOL-02-CIC.doc

Red Light for the President’s car - President and PM under RTI Act;

diamond.doc

Hindustan Diamond looking for CMD;

cbuzz0785.doc

Posco raises steel prices; Nissan, Renault and Mahindra to form a joint unit;

cbuzz0784.doc

Sterlite Optical to supply power to Power Grid; CEMA acquires GE's consumer lighting business;

cbuzz0783.doc

Semiconductor Policy announced, expects FDI to rise to USD 10 bn;

cbuzz0782.doc

Only 1/4 th households covered by insurance : NCAER Survey;

cbuzz0781.doc

Ganesh Housing & Gujarat to work for Smart city; Ranbaxy receives EU authorisation;

     
 

Regards
Customercare Executive

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