Taxindiaonline.com - Daily Mail Update
 
2007-TIOL-NEWS-083
Sunday, April 8, 2007
 
News Flash

CJI advises Gujarat model of double shift in courts should be adopted by States;

Mufti advocates Kashmir for free economic zone;

     
 

Dear Member,

Sending you the following files:

 
     
Direct Tax Basket

2007-TIOL-93-ITAT-DEL.doc + interest story.doc

If income for A.Y's for which return was not filed is covered by payment of AT, TDS and S.A. tax , then such income cannot be included in the Undisclosed Income - The assessee is liable to pay interest u/s 158 BFA(1) for delay in filing return;

2007-TIOL-92-ITAT-MUM.doc + bogus story.doc

Bogus, sham or non-genuine transactions cannot form the basis for claiming deduction;

 
Indirect Tax Basket

CENTRAL EXCISE SECTION

2007-TIOL-458-CESTAT-BANG.doc

Central Excise - Appeal - When the authorisation to file an appeal against OIA given by Commissioner under Section 35 B(2) does not bear his opinion that the OIA is not legal and proper the appeal is not sustainable;

2007-TIOL-454-CESTAT-DEL.doc

Penalty equal to duty under Section 11 AC of the Central Excise Act - Duty paid on goods found short - penalty is only equal to 25% of the duty under the first proviso to Section 11 AC;

2007-TIOL-453-CESTAT-DEL.doc

Cenvat credit - with regard to the parts, components and accessories, their classification is not relevant for deciding the eligibility for credit as capital goods;

 

SERVICE TAX SECTION

2007-TIOL-456-CESTAT-BANG.doc

Service Tax - Penalty under Section 76 cannot be imposed pertaining to the period prior to its introduction - Commissioner (Appeals) order is right;

2007-TIOL-451-CESTAT-BANG.doc

Service Tax - Consulting Engineering Services vis-à-vis Scientific and Technical Consulting Services - Technical know how services become liable for Service Tax only from 16.8.2002;

 

CUSTOMS SECTION

2007-TIOL-455-CESTAT-DEL.doc + sample story.doc

Chemical Examiners report inconclusive and vague - Remnant samples to be retested;

2007-TIOL-457-CESTAT-DEL.doc

Customs - non filing of the reconciliation statement under clause 7 of the project import regulations 1986 - it is erroneous to attach equal importance to the non-observance of all conditions, irrespective of the purpose they were intended to serve - assessments to be finalized under project import scheme;

2007-TIOL-452-CESTAT-MUM.doc

Appellant acting as an Indenting agent on commission basis & not a direct gainer of duty being evaded by principal – Penalty u/s 112(a) of Customs Act, 1962 reduced;

 
Common Basket

PCPIR Policy 23march2007.pdf + super sez.doc

PCP Investment Regions a super SEZ policy!

sez story.doc

EGoM on SEZ lifts embargo on total number; fixes uniform 50% processing area and promises to give employment to at least one person from each displaced family;

cbuzz0929.doc

AFP and Google iron out difference; Major foreign entities get ready to race for UTI Securities;

cbuzz0928.doc

OECD countries witness moderate economic growth;

cbuzz0927.doc

Astro to invest in Sun Direct TV; Navayuga Engineering keen on building port in Orissa;

cbuzz0926.doc

OECD and UAE join hands on transparency of tax collection;

     
 

Regards
Customercare Executive

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