Taxindiaonline.com - Daily Mail Update
 
2007-TIOL-NEWS-074
Wednesday, March 28, 2007
 
Third Eye

'Relieved' officer to assist CBEC in preparing AGT list !

MONDAY happened to be the last day for CBEC JS (Admn) Deepak Khandekar. He handed over the charge to his successor Lalit Kumar Gupta. But by now, it is a settled administrative law in the CBEC that it has to do something unthinkable and funny to live upto its public image. What is the latest one? Given that it has got a full-time JS who has incidentally joined at the time of AGT it is indeed a good time for him to quickly learn the different shades of ropes of management of huge lists and also the art of handling the AGT pressure. But he has been deprived of this opportunity as the 'Relieved' officer has been asked to continue 'unofficially' for 15 more days to help the Board in the AGT work! Strange! Is it not? When it has a full-time Member (P & A) who is also assisted by a full-time OSD nowadays, and it is also the full Board which participates in the placement exercise what additional input one may expect from this 'relieved' officer? How will he be of any extra aid to the Board except perhaps influencing the list prepation with his own bias? But let's accept this that this is the way the CBEC or the Revenue Hqs works!

 
News Flash

Sahar Airport Customs seizes FC worth Rs 38 lakh from pax going to Singapore by Jet flight;

On one hand Minister tells Parliament that pvt airlines asked to withdraw 'congestion charges' and on other hand, DGCA seeks rationale from airlines for imposing such charges !

ADB outlook report 2007 attacks sops to SEZs by Indian Govt;

ADB says India's economic growth may slow down to 8% next fiscal;

     
 

Dear Member,

Sending you the following files:

 
     
Direct Tax Basket

2007-TIOL-44-SC-IT.doc + sc story.doc

Delayed crediting of TDS deducted u/s 194C and 200 - company and directors liable for prosecution u/s 279 - Juristic 'person' like company can be imposed fine if not imprisonable as decided in the Standard Chartered case ( 2005-TIOL-79-SC-FERA-CB ) by the Constitution Bench - Since Directors are considered 'Principal Officer' u/s 2(35), they are liable for prosecution for any default in complying with statutory provisions : SC;

2007-TIOL-145-HC-MAD-IT.doc

Search u/s 132 conducted before introduction of Sec 113 - Surcharge in block assessment case not leviable : HC;

2007-TIOL-144-HC-P&H-IT.doc

Assessee claims deduction for contribution made to Provident Fund - AO disallows on ground that the PF is not recognised - Given that the expense was incurred for business purposes and Sec 36 (1)(iv) does not debar specifically deduction on account of contribution made under the Provident Fund Act, 1925 as it only talks about grant of deduction in respect of recognized provident fund, deduction cannot be disallowed : HC;

 
Indirect Tax Basket
CENTRAL EXCISE SECTION

2007-TIOL-403-CESTAT-BANG.doc + review story.doc

Central Excise - Appeal - Commissioner cannot authorise a lower officer to file Review application;

2007-TIOL-402-CESTAT-MUM.doc

Rule 16 of CER nowhere prescribes that the time limit within which goods received for repair, remaking etc. to be returned - time limit built in Trade notice extraneous to rule - no contravention of any rule - demand of duty and penalty set aside - Appeal allowed;

2007-TIOL-401-CESTAT-DEL.doc

Remission of Central Excise Duty - Reversal of cenvat credit taken on inputs used in finished goods destroyed in fire - Issue is settled in favour of the assessee by the LB in the assessee's own case 2007-TIOL-135-CESTAT-DEL-LB;

 

SERVICE TAX SECTION

2007-TIOL-399-CESTAT-MUM.doc

No service tax is payable under the category of "Consulting Engineering Services" in respect of transfer of technical know how - Tribunal decisions in 2006-TIOL-298, 948, 949, 2005-TIOL-1170, 2007-TIOL-236 followed;

2007-TIOL-398-CESTAT-DEL.doc

ST - C & F Service - Commission Agents not liable to pay tax;

 

CUSTOMS SECTION

ctariff07_046.doc

Anti-dumping duty on pentaerythritol extended;

ctariff07_045.doc

Anti-dumping duty on hydrofluoric acid extended;

cnt07_024.doc

Exchange rate export goods for April;

cnt07_023.doc

Exchange rate for imported goods for April;

2007-TIOL-147-HC-MAD-CUS.doc + bailable story.doc

Customs offence is bailable - Accused allowed to be released on cash bail;

2007-TIOL-146-HC-MAD-CUS.doc + bail story.doc

Customs offence is bailable - no need for anticipatory bail - if arrested, the accused shall be entitled to be released on bail immediately;

2007-TIOL-400-CESTAT-AHM.doc

Customs - Valuation - Tariff Value - Import of mixed brass scrap - Confiscation on ground that it was not mixed but 'Honey Grade' brass scrap - It is settled law that in case of tariff value-based assessment there cannot be any misdeclaration for duty evasion - Confiscation and penalty not warranted;

 
Common Basket

ddt 28 mar.doc

Have you not deposited that TDS with the Government - beware you can go to jail!

spl down.doc

Hike in exemption threshold limit a relief for both Revenue and small service providers;

export valuation.doc + Darift Circular.doc

Customs - import and export valuation rules - Board corrects mistakes;

RBI Tax Payers.doc

Annual Closing of Government Accounts - Special Measures for the Current Financial Year (2006-07) - RBI instructions;

cbuzz0891.doc

USFDA grants approval to Strides and Wockhardt; Kirloskar enters MoU with Government of Maharashtra;

cbuzz0890.doc

Jagran and Yahoo launch Hindi news internet property; Sterlite to work with Power Grid Corporation;

cbuzz0889.doc

Spain's contributions surge WTO funds;

cbuzz0888.doc

Rajasthan oil fields keep Cairn India hopeful; TCS divests its stake in Sitel;

     
 

Regards
Customercare Executive

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