Taxindiaonline.com - Daily Mail Update
 
2007-TIOL-NEWS-055
Tuesday, March 06, 2007
 
Third Eye

The story of straight babus but 'teda' bureaucracy!

THE general experience of the 'Insider' is that our babus are generally straight but our bureacracy is terribly 'teda'! Why? And how? Let's take a look at the issue of depuation in the case of CBEC and CBDT. After fighting many 'battles of Panipat' the IRS officers were allowed deputation with certain conditions. As per the policy a maximum period of 10 years of deputation has been allowed - a maximum of six years for one deputation. It is a straight norm now. But let's see how our North Block babus have been interpreting it. If one is attached with a Minister and comes back to his parent department after six month for some reasons, this is to be counted as one depuation. And a maximum of two deputations is to be allowed for a period of 10 years. If one has availed two deputations and has unfortunately come back after six months or one year he is being made to lose even this period sanctioned by the new guidelines. Terrible indeed! The North Block babus tend to see deputation as a favour rather than a mandatory knowledge and skill enrichment opportunity. 'Insider' personally knows how much Revenue has gained because of the exposure of IRS officers on deputation by making interesting cases and understanding the working of various other arms of the Govt. Let's hope the North Block makes somes efforts to straighten up its 'teda' thinking!

 
News Flash

Steel manufacturers agree to roll back price hike;

Surinder Singh Nijjar & Justice Hemand Laxman Gokhale appointed as Chief Justice of Calcutta and Allahabad HCs respectively;

Neemuch CBN seizes 4200 illicit opium plants + 1.6 kg opium in two separate cases;

     
 

Dear Member,

Sending you the following files:

 
     
Common Basket

ddt 06 mar.doc + notice_15.doc

Naphta and LNG imported by Ratnagiri Gas & FM says no change in corporate tax rate + Ahmedabad gearing up for e-filing;

Ice Cubes.doc

Budget confirms shift from welfare state to 'taxing' State!

review.doc

Diktat by Member may spoil summer vacation - Review sections to burn midnight oil!

settlement story.doc

Beginning of the End !! Winds of change sweep Settlement provisions under I-T Act also;

ravindran.doc

Budget to lend impetus to litigation;

cbuzz0816.doc

DLF joins hands with Prudential for a foray into insurance; Vivimed Labs a global supplier for L'Oreal;

 
Direct Tax Basket

2007-TIOL-61-ITAT-MUM-SB.doc + exemption story.doc

Charitable institution : Income from profit-oriented business taxable but incomes under 'other heads' do not attract disability clause u/s 11(4A);

2007-TIOL-60-ITAT-KOL-SB.doc

Capital gains - Sec 55(2)(b)(i) - Uncut and unpolished diamond acquired in 1975-76 declared under the VDIS - Same was sold after getting it chiselled and polished - The cost of original asset - For capital gains the fair market value of uncut diamond as on 1.4.87 to be taken and not the fair market value of the polished diamond;

2007-TIOL-59-ITAT-DEL.doc

Expenditure incurred on employees attending seminars and workshops for skill upgradation is allowable business expenditure;

cbdt order34.doc

Six CITs locally transferred;

 
Indirect Tax Basket

CENTRAL EXCISE SECTION

2007-TIOL-105-HC-MUM-CX.doc

Assessee takes credit on inputs under erstwhile Rule 57G after six months from the date of issue of invoices - Tribunal says since invoices were to be rectified and valuable time lost in correspondence but nothing advance brought on record, credit allowable - Revenue's appeal dismissed;

2007-TIOL-295-CESTAT-MAD.doc + Arihant story.doc

Central Excise – Review by Board – Board directed Commissioner to file appeal with Tribunal against three parties – Commissioner’s appeal cited only one party as respondent – The order against the other two parties attained finality – In such a situation there cannot be any grievance against respondent.;

2007-TIOL-294-CESTAT-MUM.doc

Amount of 8% of price of exempted goods collected from customers – since amount remains already paid to the revenue, no amount is retained by the assessee – Section 11D of the CEA’44 has no application – LB decision in Unison Metals followed – Stay ordered;

2007-TIOL-293-CESTAT-MUM.doc

Appellant company sick & registered with BIFR – no production activity, no staff and Director engaged in BIFR legal proceedings, labour disputes, MSEB recovery suits, DRT matters – delay of 457 days condoned as appellant was prevented from sufficient cause in filing appeal.;

 

SERVICE TAX SECTION

2007-TIOL-106-HC-KAR-ST.doc + hc st story.doc

Service Tax on Tour Operator held legal;

2007-TIOL-291-CESTAT-DEL.doc

ROM - Service Tax - Interest due on tax not paid - Period in dispute - SC in Gujarat Ambuja Cements grants further two weeks from 13.11.2003 for non-compliance with provision of Sec 71A - Assessee accordingly allowed two more weeks leeway till the discharge of tax liability;

 

CUSTOMS SECTION

dgft06cir020.doc

Application under E-Com and physical format for benefits under DFCE : DGFT clarifies applications filed through E-Com on last date to be accepted as on time;

cnt07_020.doc

CBEC amends tariff value of only brass scraps;

2007-TIOL-292-CESTAT-MUM.doc

Doctrine of Merger – Since the assessees appeals were disposed of on 4.7.2005 itself, appeal by Revenue on 20.9.05 cannot be entertained as the Order is non est – LB decision in LML Ltd. followed;

     
 

Regards
Customercare Executive

Taxindiaonline.com Pvt. Ltd.
B-XI, 8183, Vasant Kunj, New Delhi-70
Tel. +91-11-26139742, 43
Fax. +91-11-26121990
Mobile. 9811005862
Web:
http://www.taxindiaonline.com
Email: updates@taxindiaonline.com

____________________________
CONFIDENTIALITY/PROPRIETARY NOTE.
The Document accompanying this electronic transmission contains information from Taxindiaonline.com Pvt. Ltd.,which is confidential, proprietary or copyrighted and is intended solely for the use of the individual or entity named on this transmission. If you are not the intended recipient, you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. This prohibition includes, without limitation, displaying this transmission or any portion thereof, on any public bulletin board. If you are not the intended recipient of this document, please return this document to Taxindiaonline.com Pvt. Ltd. immediately.