Taxindiaonline.com - Daily Mail Update
 
2007-TIOL-NEWS-053
Sunday, March 04, 2007
 
News Flash

TDS changes proposed in Budget to be effective from June 2007;

IA and AI merger : New entity to seek stamp duty exemption;

Koirala says no to Left's demand to declare Nepal as Republic;

As many as 782 govt accommodations under unauthorised occupation in VIP & general categories : Maken;

Calcutta HC convicts Bengal's DGP, another IPS officer + an IAS officer for criminal contempt of courtAnti-corruption drive : CBI arrests FCI Area Manager and Office Suptd of Addl CIT, Bulandshahar, for accepting bribe;

AAI policies in place for setting up perishable cargo centres at domestic airports : Patel;

     
 

Dear Member,

Sending you the following files:

 
     
Common Basket

minocha.doc

SEZs as shield against FTAs!

education story.doc + entry.doc

Detailed guidelines in place to prevent 'fly by night' foreign educational bodies from making India home;

shailesh sheth.doc

Bonanza to small manufacturers - 'Small is beautiful'!

cbuzz0811.doc

ONGC gets one more CDM project registered; Aircel to expand all over India;

 
Direct Tax Basket

2007-TIOL-104-HC-DEL-IT.doc

Return filed - Notice u/s 143(2) served - An employee of the assessee received the same - Representative of the assessee attends to hearing - Another representative appears for the case in the second round and raises objection of no notice being served on the assessee - No objection can be filed so late when the representative of the asessee has been appearing in the court;

2007-TIOL-103-HC-P&H-IT.doc

A loss return filed - AO disallows deduction u/s 80-P - Even then the resultant amount is in negative - Additional tax demanded u/s 143(1A) - Even if resultant effect was mere reduction of loss, additional tax is payable;

 
Indirect Tax Basket

rlt078-Part9.pdf

RLT Case law headnote;

 

CENTRAL EXCISE SECTION

2007-TIOL-284-CESTAT-MUM.doc

Proceedings initiated for recovery of modvat credit u/r 57I after substitution by Cenvat Rules are not saved by Section 38A of the CEA’44

2007-TIOL-282-CESTAT-DEL.doc + scn story.doc

Confirmation of demand cannot traverse beyond the allegations in show cause notice;

2007-TIOL-281-CESTAT-MUM.doc

Refund of pre-deposit – Remand ordered by Tribunal to determine the overall value of clearance for computation of SSI exemption – Commissioner deciding the case on 18.4.2000 – since refund of pre-deposit granted within 3 months of the date of this order, the question of entitlement for interest does not arise;

Board Circular dated 2.1.2002 relied upon by appellant is misplaced – it does not stipulate that the amount is to be paid within 3 months from the date when the case is remanded for fresh adjudication;

2007-TIOL-280-CESTAT-MUM.doc

Amount of refund can be adjusted against Government dues u/s 11 of the CEA’44;

 

SERVICE TAX SECTION

2007-TIOL-283-CESTAT-DEL.doc

ST - Consulting Engineer Service - Demand raised for period June 2001 to August 2003 - Assessee argues levy during this period was on engineering firm and professionals and not manufacturer - Stay granted;

 

CUSTOMS SECTION

ctariff07_035.doc

CBEC reduces import tariff on woven fabrics to 10 %;

2007-TIOL-285-CESTAT-DEL.doc + anju story.doc

Illegal seizure in 1991 – widow of the victim wins the case in Tribunal after 15 years – As per Board circular only Assistant Commissioner could seize silver – Seizure by Superintendent not valid;

2007-TIOL-279-CESTAT-MUM.doc

Un-authorized export of Indian & foreign currencies booked at different post offices post Bombay bomb blasts – Connivance of the staff of postal department – imposition of penalty upheld but reduced considering the gravities of their role played and financial condition;

     
 

Regards
Customercare Executive

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