Taxindiaonline.com - Daily Mail Update
 
2007-TIOL-NEWS-079
Tuesday, April 3, 2007
 
News Flash

Japan pledges USD 7 mn fund to Saarc cultural exchange fund;

Mysore Central Excise Zone mops up Rs 5819 Cr - Rs 969 Cr more than target;

April- Feb exports up by 23%;

MoF Panel recommends concerted efforts to make Mumbai international financial hub;

Extradition treaty among SAARC Members : Pak predictably opposes it;

SBI hikes interest rates on foreign currency deposits;

     
 

Dear Member,

Sending you the following files:

 
     
Direct Tax Basket

2007-TIOL-164-HC-DEL-IT.doc + assessment story.doc

I-T assessment is an administrative action & writ jurisdiction should not be invoked to readily interfere with it

Assessment vs Re-assessment - Both cannot be equated as the entire exercise is looked upon with great stringency, in the case of re-assessment : Delhi HC;

2007-TIOL-163-HC-MUM-IT.doc + godrej story.doc

AY 2001-02 - When there are profits from exports, deduction granted under s. 80HHC cannot be faulted. Consequently, contention that income has escaped assessment by erroneously granting deduction under s. 80HHC sans merit : Bombay HC;

2007-TIOL-162-HC-MAD-IT.doc

Deducation for bad debt u/s 36 (i)(vii) - A claim for bad debt to be allowed in the year in which it is written off as irrecoverable in the accounts of the assessee

Assessee is into tutorial business - Collects fees in advance for future period - Advertisement expenses claimed as deduction in the year of spending - AO insists for matching income concept and argues since fee collected in advance is spread over many years, expenditure should also be claimed as deduction in the matching manner - As lon as expenditure is genuine and wholly for business it is to be allowed u/s 37 : Madras HC;

2007-TIOL-161-HC-MAD-IT.doc

Loss Return - AO disallows interest paid on borrowing u/s 43 B - Levies penalty u/s 271 (1)(c) - Disallowance of interest does not mean concealment of income and when there is no tax payable, penalty cannot be imposed : Madras HC;

 
Indirect Tax Basket

cmd.doc

Application invited for CMD-post for ITI;

Vehicle.doc

Hiring of one additional vehicle for each Commissionerate Hqrs and one additional vehicle for each Division Office - Utilization of 1% incremental revenue;

Laptop.doc

Sanction of Laptop Computers under the Scheme of utilization of 1% incremental revenue as incentive provision for CBEC;

Mobile.doc

Reimbursement of Mobile Phone charges under the Scheme for utilization of 1% of incremental revenue as incentive provision for CBEC;

 

CENTRAL EXCISE SECTION

aed instruction.doc

Refund of unutilised credit of Additional Duty of Excise (T & TA) and admissibility under Rule 5;

automobile cess.doc

Rebate of automobile cess paid on goods exported;

corrigendum.doc

No. 8/2007-Central Excise (N.T. ) amended;

2007-TIOL-159-HC-MUM-CX.doc

Defaults in payment of excise duty - Fortnightly facility withdrawn but allowed to pay by Cenvat account - Liability of interest imposed - Notice quashed and Revenue directed to grant a hearing and issue fresh SCN: HC;

2007-TIOL-434-CESTAT-AHM.doc + world bank story

Notification 108/95-CE does not prescribe any time limit - Delay in funding by World Bank not to deny benefit of notification :Cestat;

2007-TIOL-433-CESTAT-DEL.doc

Central Excise - valuation - Once a finding was reached that the parties were not related, the price at which the goods were sold by the assessee to the buyer was required to be considered as a normal price under Section 4(1)(a) :Cestat;

2007-TIOL-432-CESTAT-DEL.doc

Central Excise - Cenvat Credit on explosives used in mines - eligible for credit as inputs in view of SC ruling in Vikram Cements case :Cestat;

 

SERVICE TAX SECTION

ST3.doc

Revised ST-3 Form (Sending you the doc file);

2007-TIOL-435-CESTAT-MUM.doc + st bpl story.doc

Sale of SIM Cards - Transaction being accepted by assessee to be a sale of goods - question of considering the activity as Auxiliary service cannot be considered - Service Tax cannot be levied on the value of SIM cards - Tribunal decision in Idea Mobile Communications 2006-TIOL-857-CESTAT-BANG followed :Cestat;

2007-TIOL-430-CESTAT-AHM.doc

ST - Tour Operator - Tax is leviable only on vehicles registered as 'tourist vehicle' complying with the specifications as per the Motor Vehicle Act - Commissioner (A) order upheld against Revenue :Cestat;

 

CUSTOMS SECTION

2007-TIOL-160-HC-DEL-CUS.doc

Exports - Some of the cartons packed with misdeclared goods - Confiscation and penalty imposed - Drawback benefits denied - Exporter is responsible even if CHA is instrumental in packing misdeclared goods and a decision cannot be set aside only for the reason that a contrary decision has been taken in the case of another party - Petition dismissed: HC;

2007-TIOL-431-CESTAT-MUM.doc

An importer is entitled to relinquish his title to the goods even after expiry of warehouse period as no order for clearance of goods for home consumption has been passed - Tribunal decision in Garden Silk Mills, Technologies Software P.Ltd followed :Cestat;

 
Common Basket

ddt 3 apr.doc

Is the Sikkim Celebration over? Excise exemption expires?

Mortgage story.doc + rbi_draft.pdf

RBI lays down stringent guidelines for entry into mortgage guarantee business;

sea horses.doc

Chennai Airport Customs seizes dead sea horses being smuggled out to Bangkok;

acc.doc

ACC appoints Asha Swarup of 1973 batch as new Secretary of Ministry of Information & Broadcasting; S K Arora goes to Youth Affairs & Sports;

cbuzz0914.doc

M&M, Renault JV launches Logan; Orchid Chemicals receives ANDS approval;

cbuzz0913.doc

Ranbaxy loses patent to Pfizer in US court;

cbuzz0912.doc

Indian Hotels acquires Campton Place; Fiat Tata JV plan heavy investments;

cbuzz0911.doc

World Bank says South Asia integration to help India;

     
 

Regards
Customercare Executive

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