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Giving 'additional charge' is a full time job for Revenue Boards! GIVING additional charge whenever a senior officer retires and the post falls vacant has never been a simple affair in both the Revenue Boards! It would certainly not be a mistake if one believes that while filling up such temporary vacancies the Boards never go by the temporal calculations. Their decisions often reflect their fleeting conviction and trust in the officers who are given additional charge. If we stretch the inference a little more their changing mood resulting in frequent changes in the additional charge rather reflects the fleeting likes and dislikes of the heads of the Boards. Take the case of CCIT - I in Delhi. As soon as Mr B M Singh was elevated, a temporary charge was given to one of the senior most officers in Delhi. Knowing fully well that this officer is going to retire soon, the CBDT decided to bring in another officer (of course, senior to him) from Kolkata for only a couple of months as he would also be retiring soon. In the process the Board has caused instability to two senior officers and shown its poor trust and equally poor administrative skills. Similarly in the case of CBEC, as soon as the DG-post at Directorate of Export Promotion fell vacant, an additional charge was given. And, within 10 days, without informing the officer holding the additioinal charge, another officer was given the charge. Now let's look at the wits of the kaal (time) - the officer who has been given the additional charge is learnt to be fully convinced that nothing could be more short-lived than this charge as the Board may change the additional charge again! And he is not wrong in his insightful understanding of the working of his Board! In the bargain, Revenue is the only one whose interests suffer as the decision-making in these offices normally come to a halt till a full-timer takes over! |
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Japan hikes ODA support to Rs 6916 Cr for India; India's external debt soars to USD 142.7 bn by Dec-end; CBDT, UPSC to hold DPC for promotion to CIT; A supplimentary list of 33 to be discussed today; Noted journalist M V Kamat says IT will make newspapers extinct product ! MoC trying hard to script a worthy replacement scheme for DEPB; |
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| Dear Member, Sending you the following files and also want to inform you that despite best efforts of the officials North Block could not make CST Notification available today as the gazetted copies are yet to be made available to them. In case it is made available tonight or tomorrow we will be as usual prompt to send the same to you. |
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2007-TIOL-87-ITAT-DEL.doc + hero story.doc Payments made for royalty not entirely revenue expenditure, partly capital in nature - Benefits of enduring nature have accrued to the assessee in enjoying exclusive right of manufacture of motorcycles within India for a long period: ITAT; Assessee is incorporated in the USA - Provides engineering design and process technology - Although the assessee has presence of two of its related companies in India but claims not have a PE - Returns its income as 'royalty' and fees for included services but claims its income is not taxable in India under DTAA - AO reworks profits by charging 48% tax rate on equipment directly supplied to the customers - Since voluminous documents need to be examined to reach a conclusion whether the assessee has a PE, the case restored to the files of the AO: ITAT; 2007-TIOL-154-HC-MAD-IT.doc + finance hc story.doc Effecting a change in accounting method is a right of the assessee - Unless Revenue shows distortion in taxable income, additions cannot be made: HC; Tax benefits u/s 54EC - Assessee fails to take full advantage of the scheme because of capping of funds to be raised through tax-free bonds - Writ filed - It is legal principle that no mandamus can be issued to the Legislature, and it is the policy decision of the Govt to decide how much fund is required to be raised for a particular sector through tax concessions route: HC; |
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2007-TIOL-415-CESTAT-AHM-LB.doc + LB STORY.doc 'Makai Poha' is correctly classifiable under heading 11.01 & not 19.04 of the CETA'85 - Decision in 'Favourite Food Products' overruled : Cestat Larger Bench; CVD payable on like goods imported into India was 16% adv & duty paid by EOU supplier was also 16% adv. in terms of notification 2/95-CE - Credit of entire amount available following LB decision in Vikram Ispat : Cestat; Scrap generated at job workers premises - Demand cannot be sustained on principal manufacturer - refund admissible of duty paid by principal manufacturer on such scrap as Scrap never returned by job worker : Cestat; SERVICE TAX SECTION 2007-TIOL-414-CESTAT-AHM.doc + ril story.doc No telegraph authority can be treated as subscriber of another telegraph authority in relation to the link established between one telegraph authority and another telegraph authority: Cestat; ST - Cargo handling service - Assessee claims to be leasing out only pay loaders - However, the agreement between the assessee and the recipient of the service includes all aspects of handling coal - Pre-deposit ordered: Cestat;
CUSTOMS SECTION Anti-dumping on import of Flat base Steel Wheels from China imposed; Anti-dumping duty on Potassium Permanganate from China to continue; Govt grants more import duty benefits under Singapore bilateral trade treaty; DEPB Scheme survives till March 31, 2008; Wheat is freely importable till Dec 31, 2007; DGFT extends last date for filing application under Focus Market Scheme to March 31, 2008; Power of Commissioner (A) to remand - Amendment in Sec 128A(3) in 2001 - Tribunal upholds power of remand as a part of adjudication process - Since the power of remand has been expressly taken away by the Finance Act, 2001, the Commissioner (Appeals) is divested of power to remand the case back to the Adjudicating Authority - Case remanded to Commissioner for fresh adjudication: HC; Order of Tribunal is dated 8.6.05 - ROM filed on 6.1.06 - u/s 35C of CEA'44 ROM application to be filed within 6 months from the date of order - ROM application time barred: Cestat; |
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ddt 30 mar.doc + rbi_pressrelease.doc + chennai.doc Reserve Bank of India to accept tax payments beyond banking hours on March 31; Mumbai slips on rating for business-friendly environment; Aurobindo JV gets first ANDA approval; Ireland and Portugal advised to take up proactive measures to combat corruption by OECD Working Group on Bribery; Patel Engineering bags Rampur Hydro Electric Project; Tata Metaliks enters JV with Kubota Corporation; |
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