Taxindiaonline.com - Daily Mail Update
 
2007-TIOL-NEWS-118
Friday, May 18, 2007
 
News Flash

Sahar Airport Customs seizes Euro worth Rs 23 lakh from pax heading for Madrid;

Govt keen to pursue concept of 'merchant airports';

Bomb blast in a mosque in Hyderabad; Five killed;

CBEC likely to notify new Services on Monday; to be effective from June 1, 2007;

ISO 9001 : 2000 certification : Division III and Range 1 of Div III of Ahmedabad Central Excise Commissionerate II also awarded certification;

US Senate okays Immigration legislation; Indian diaspora to be major beneficiary;

Cabinet approves National Policy on Voluntary Sector 2007 + Phase III of National AIDS Control Programme;

     
 

Dear Member,

Sending you the following files:

 
     
Indirect Tax Basket

2007-TIOL-88-SC-IT.doc + sc story.doc

HC misdirected itself and committed error in disturbing concurrent findings of facts of all lower authorities - Gifts of over Rs 1.7 Cr to be assessed as income u/s 68 - Assessees failed to discharge the onus of proving authenticity of transactions: SC;

2007-TIOL-259-HC-DEL-IT.doc + nokia story.doc

Assessee is a Finnish company - Claims to have no PE in India - Declared nil income under DTAA - AO disagrees and raises demand with interest u/s 243B - CIT(A) grants no stay of deposit of tax - Assessee refers to Tribunal's Special Bench order in its favour and pleads for consideration of cumulative tax payment and refund due - Since High Court has not stayed the Special Bench decision, it is operative and if cumulative liabilities and tax payments are taken, Revenue may owe refund of tax - Stay on deposit granted : Delhi HC;

2007-TIOL-258-HC-DEL-IT.doc

Purchase of property - Seller gives statement of receiving huge cash payment from the assessee - Additions made for unexplained investment u/s 69 - Since assessee did not avail the opportunity given to him for cross-examinatin of the seller and the assessment proceedings, Tribunal's decision to uphold additions is valid - No question of law involved :Delhi HC;

2007-TIOL-257-HC-ALL-IT.doc

Assessee is in sugar and liquor manufacturing - AO makes addition for the closing stock of bagasses - Assessee uses it as fuel and takes deduction only for labour charges and wire used for baling - Tribunal upholds valuation of the closing stock at the cost price - Tribunal's order upheld - Revenue's appeal dismissed : Allahabad HC;

 
Indirect Tax Basket

CENTRAL EXCISE SECTION

2007-TIOL-87-SC-CX.doc

Erection of boiler at site - excisability - matter remanded to Tribunal for considering facts in the light of 2006-TIOL-177-SC-CX :SC;

2007-TIOL-655-CESTAT-MUM.doc + 11AB story.doc

Differential duty paid due to price escalation - interest not required to be paid under s.11AB of the CEA'44 as there has been no determination of duty under section 11A(2) : Cestat;

2007-TIOL-654-CESTAT-MAD.doc

Central Excise - Valuation - The amount collected by the appellants from their dealers towards Service Station Licence Fees (SSLF) is not includible in the Assessable Value of the Petroleum products : Cestat;

 

SERVICE TAX SECTION

2007-TIOL-652-CESTAT-KOL.doc

ST - C & F Service - Commission received for procuring orders on behalf of principal not liable to tax - Larger Bench decision in the case of L & T Ltd ( 2006-TIOL-814-CESTAT-DEL-LB ) followed;

2007-TIOL-651-CESTAT-MAD.doc

Service tax - Appeal - Condonation of delay in filing appeal - Pedantic view should not be taken when there is no gross negligence - There is gross negligence in the case - Condonation application rejected :Cestat;

 

CUSTOMS SECTION

dgft07pn005.doc

DGFT notifies export of 26000 MTs raw sugar out of free sale quota for USA & EU;

2007-TIOL-656-CESTAT-KOL.doc + elam story.doc

No penalty when goods are abandoned - adjudicators should be fair and transparent and should not offer false promises : Cestat;

2007-TIOL-653-CESTAT-MAD.doc

CHA - When the two licences issued in two separate jurisdictions are mutually exclusive in operation - Suspension of licence basing on the irregularity in jurisdiction of other licence is incorrect : Cestat;

 
Common Basket

ddt 18 may.doc

Customs gets trade mark - IPR enforcement agency;

cbuzz051.doc

Karuturi Networks acquires Estel Communications; Ranbaxy gets FDA nod for Fexofenadine;

cbuzz050.doc

L&T secures Rs 412 crore orders;

cbuzz049.doc

GAIL-HPCL sign JV agreement for city gas projects in Rajasthan;

     
 

Regards
Customercare Executive

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