Revenue Boards to implement Transfer Policy with iron hand!

ONE tangible indicator of the AGT season hotting up is the number of visitors 're-visiting' North Block, and largely loitering around in the corridors for a familiar face who may invite one for a cuppa coffee ! True, it is mela time in CBEC and CBDT which are working on various orders simultaneously by keeping their eyes on April-end. Insiders say that CBEC has done its homework for Commissioners' transfer order, and the transfer policy guidelines are being implemented with iron hand! That means all those who have completed three years in the metros will have to move out irrespective of their tall 'stature' and broad 'vision'! Delhi, Mumbai, Chennai and Kolkata are going to see a lot of new faces. Even those who might get promoted as CC in next one year are not going to be spared. However, since CBEC Chairman is retiring, one may expect a couple of aberrations as his choice like his predecessors. The work on AC/DC is also getting into the final leg, followed by the Addl/JCs. Chief Commissioners can wait till month-end. If the new panel gets the ACC approval faster their order may be clubbed also. Same is the case with the CBDT. And the netizens may expect the first order by next Friday.

Construction Service abatement : Value of client-supplied materials need not be added : Madras HC interim order in case of L & T;

PM to inaugurate meet of CMs & CJs of High Courts to discuss administration of justice on fast track on Sunday;

Percentage of students enrolled in science courses goes up from 29% in 1995-96 to 35% : Govt Survey report;

DPC for promotion to CIT - A panel of 36 covered - Last name is Sanjiv Dutt of 1987;

Sec 11C benefits : CBEC extends 60% abatement from gross value to tour operators from April 1, 2000 to Feb 4, 2004;

Govt working on new Urban Housing and Habitat Policy;

2007-TIOL-168-HC-MAD-IT.doc

Appeal remedy is an effective remedy, and writ jurisdiction cannot be invoked on mere allegation that the appellate authority may follow the decision relied upon by the AO :Madras HC;

2007-TIOL-91-ITAT-CHD-TM.doc + tm story.doc

It is not permissible to make assessment purely on guess work and on surmises and conjectures

If search and requisition does not lead to acquisition of relevant material to establish undisclosed income, the case must fail

Without material and information to compute undisclosed income, assessment cannot be made : ITAT Third Member;

2007-TIOL-90-ITAT-HYD.doc

Cooperative Bank - Exemption u/s 80P(2)(a)(i) - Does conjunction 'or' used between two expressions of 'carrying on the business of banking' and 'providing credit facilities to its Members' actually mean 'and'? - Exemption under this Section is not based on principle of mutuality alone - Revenue fails to explain why 'or' be read as 'and' - Assessee can avail exemption even by providing banking services to non-Members : ITAT;

2007-TIOL-89-ITAT-KOL.doc

Assessee liable for TDS u/s. 194H on commission paid to its franchisees in connection to sale of starter packs and recharge coupons : ITAT;

CENTRAL EXCISE SECTION

2007-TIOL-446-CESTAT-MAD.doc + ericsson story.doc

Central Excise vis-a-vis Service Tax - The appellants had done installation and Commissioning of Transmission apparatus for Radio Telephony with the components imported - Service Tax is paid for this activity - Tax cannot be charged under Central Excise Act for the same activity :Cestat;

2007-TIOL-445-CESTAT-BANG.doc

Central Excise - Reversal of Modvat credit - The credit has already been taken validly when the final product is dutiable - Reversal of credit is not required when the final product is exempted subsequently :Cestat;

SERVICE TAX SECTION

stnot07_015.doc

Sec 11C benefits to tour operators; 60% abatement allowed for past period;

2007-TIOL-442-CESTAT-MUM.doc

Mere procuring/booking of orders for the principal by an agent on payment of commission basis does not amount to providing services as a C & F agent - Tribunal decision in L & T 2006-TIOL-814-CESTAT-DEL-LB followed :Cestat;

CUSTOMS SECTION

2007-TIOL-169-HC-MAD-CUS.doc + hc cus story.doc

Arbitrary enhancement of value and ordering of provisional assessment with a huge bank guarantee stand to no reason: Madras HC;

2007-TIOL-444-CESTAT-BANG.doc

"for use in textile industry" does not mean the goods should be actually used - Exemption cannot be denied in the absence of end use conditions :Cestat;

2007-TIOL-443-CESTAT-AHM.doc

Customs - Delay in filing appeal in Tribunal because of writ petition in the High Court of Gujarat - After withdrawal of writ petition on grounds of alternative remedy, Appeal filed in Tribunal within one month - Delay condoned - Refund - For correction of mathematical error, no appeal is required to be filed and refund can straightway be claimed within limitation period - Prima facie, strong case in favour of appellants - Stay granted on pre-deposit of Rs. 10 lakhs:Cestat;

ddt 5 apr.doc

Duty free import of Wheat - withdrawn - Not really - Reintroduced;

Service Tax abatement - tour operators;

cob(web).doc

Doing Business parameters of World Bank a readymade roadmap for our policy makers !

edit.doc

SAARC needs to co-opt cooperation for long-term growth !

cbuzz0920.doc

Bharat Coking Coal forms JV with SAIL; IOC floats tenders to buy butane;

cbuzz0919.doc

Fiat launches Palio Stile; Sanguine Media forays into TV software production;