Taxindiaonline.com - Daily Mail Update
 
2007-TIOL-NEWS-064
Friday, March 16, 2007
 
News Flash

Quattrocchi case : SC to hear contempt petition against CBI Chief tomorrow;

Banking Regulation (Amendment) Bill passed by LS; leaves SLR reduction on discretion of RBI;

Company Affairs Minister says no proposal to set up RoC office at Jodhpur;

Inland Vessels Act to be amended to keep pace with modern needs;

Cabinet approves enhancement of retirement age from 62 to 65 for teaching faculty in govt funded high and technical institutions + release of DA to govt employees from Jan 1, 2007;

CBN Lucknow + Neemuch separately bust illicit heroin lab and seize 3 kg morphine + 11 kg opium + 3 kg sodium carbonate + cash; Lucknow office arrests one person;

Govt sanctions Central Secretariat to Qutab Minar underground corridor for metro rail;

Efforts on to table Airport Economic Regulatory Bill in current session;

Railways to run 'Bharat Darshan' tourist trains;

     
 

Dear Member,

Sending you the following files:

 
     
Direct Tax Basket

cbdtorders.doc

Chairman for Authority for Advance Ruling;

2007-TIOL-73-ITAT-MUM.doc + itat story.doc

Deductions taken for disputed central excise duty - Apex Court rules in favour of the assessee - Sum refunded offered u/s 41 as business income and deduction claimed u/s 80HHC - AO disallows on ground that deeming profit cannot form part of business profits - Since deductions were taken for the disputed sum in the previous AYs, it does form part of the business profits - Since Sec 41(1) lies between Sections 28 to 43 C provided for working out profit of the business it cannot be disallowed for claiming deduction u/s 80HHC;

2007-TIOL-72-ITAT-DEL.doc

Excess amount refunded by Customs - Sec 10A benefits not to be denied as it also partakes the character of sale proceeds

Income derived from fluctuation of foreign exchange - Since such income is also derived from exports assessee is eligible for Sec 10A benefits;

2007-TIOL-71-ITAT-MUM.doc

Block assessment period - Assessee ordered to deposit 50% of the tax arrears - Payments made in instalments - Later AO assesses income as 'nil' - Refund claimed - AO and CIT (A) rejects the same as time-barred - If claim of refunds falls within the scope of Sec 237 it is not hit by limitation prescribed u/s 239(2)(c);

 
Indirect Tax Basket

cbecorders80.doc

Addl charge of Coimbatore to Banglore CC + Appointment of OSD to Member ( L&J);

 

CENTRAL EXCISE SECTION

2007-TIOL-345-CESTAT-DEL.doc + excise story.doc

When the department itself was in doubt about the manner of assessment of Telephone instruments sold in bulk to DoT & MTNL, it cannot be said that the assessee tried to create confusion - Larger period not invokable;

2007-TIOL-343-CESTAT-BANG.doc

Central Excise - Demand - None of the Show cause Notices shows any specific allegation based on any investigation - There is no clear indication as to what processes are carried out by the appellants and how they violate the conditions of relevant notification - demand not sustainable;

2007-TIOL-342-CESTAT-MAD.doc

It is a settled position that mutuality of interest is the sine qua non for clubbing clearances;

 

SERVICE TAX SECTION

2007-TIOL-341-CESTAT-DEL.doc

ST - Warehousing service - Is supervision charges includible in value of cargo handling charge for service tax? - Stay granted;

 

CUSTOMS SECTION

cnt22.doc

Tariff Value of brass crap hiked;

2007-TIOL-344-CESTAT-MUM.doc + customs story.doc

Section 112(a) does not warrant physical handling of goods liable for confiscation - Forging of signatures for various authorities on export documents reason enough to impose penalty under Section 112 (a);

 
Common Basket

ddt 16 mar.doc

Skoch award today for CBEC’s ICES;

FM's reply.doc

FM strongly defends Budget proposals;

budget story.doc

FM has killed the Settlement Commission!

editorial.doc

Bridge the gulf between vision and action on public sector front;

cbuzz0851.doc

Moser Baer launches home videos of Hindi titles; L&T to work for the expansion of Vizag Steel Plant;

cbuzz0849.doc

Satyam Computers launches virtual learning world;

     
 

Regards
Customercare Executive

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