Taxindiaonline.com - Daily Mail Update
 
2007-TIOL-NEWS-131
Sunday, June 03, 2007
 
News Flash

Ministry of I & B hopes to put in place content monitors for radio and TV channels soon;

SC says a govt servant has no vested right to get promoted but to be heard is fundamental right;

RBI Dy Governor for easy home loan package;

Pondicherry promulgates VAT ordinance; to be in force from July 1;

Sahar Airport Customs seizes black berry mobile sets + 2450 memory chips worth Rs 7.35 lakh from pax coming from HK ;

Bosch to assist Coimbatore based engineering college students; MoU signed ;

OMCs cut ATF prices but will it be passed on to consumers? ;

     
 

Dear Member,

Sending you the following files of Saturday & Sunday and today's updates will be reaching you mailbox by this afternoon :

 
     
Direct Tax Basket

2007-TIOL-145-ITAT-CHD-TM.doc + healthy tm story.doc

Consistency of approach is fundamental to judicial discipline and decorum - Learned Member's refusal to follow his own order not a healthy trend - No penalty u/s 271A in the case of contractors is leviable : ITAT

2007-TIOL-290-HC-MAD-IT.doc

Petition before Settlement Commission - Order of income and liability issued - Assessee says no finding about interest given but AO calculated both the tax and interest - Interest is mandatory u/s 215/217, and since the Commission had not considered the plea for waiver of interest, matter remanded for fresh consideration of the Commission : HC;

 
Indirect Tax Basket

CENTRAL EXCISE SECTION

2007-TIOL-731-CESTAT-AHM.doc + icecream story

Ice cream cone containers made from Printed Aluminium foils classifiable under sub-heading of 7616.90 of CETA :Cestat ;

2007-TIOL-729-CESTAT-DEL.doc

Independent textile processor under compounded levy scheme - since the application under rule 96ZNA was rejected on 1.10.2001, the duty payable under Section 4 has to be adjusted against the total duty paid under compounded levy scheme for the period from 1.5.2001 to   1.10.2001 - duty can not be demanded for one month where there was short payment when duty was paid in excess during other months :Cestat ;

2007-TIOL-727-CESTAT-BANG.doc

Central Excise - Valuation - The activity of Printing was carried out subsequent to the clearance and at a place out side the factory - The value is not includible:Cestat ;

2007-TIOL-726-CESTAT-BANG.doc

Central Excise - Refund - When assessee issues credit notes then they are not eligible for refund - order passed by Commissioner (Appeals) is not legal and proper :Cestat ;

 

SERVICE TAX SECTION

2007-TIOL-730-CESTAT-DEL.doc

ST - GTO Service - Refund claimed in the light of L H Sugar case - Revenue rejects - Assessee not eligible for refund in view of retrospective amendment of provision of Sec 71A and it cannot stake claim for windfall gain arising out of mistake of the legislature - Assessee's appeal dismissed :Cestat ;

2007-TIOL-728-CESTAT-AHM.doc

Commissioner of Customs can adjudicate the case where duty has been demanded under Section 72 of the Customs even if it is admitted that under Section 72 the proper officer is the Central Excise officer incharge of the 100% EOU :Cestat ;

2007-TIOL-725-CESTAT-DEL.doc

ST - GTO Service - SCN issued for recovery of tax under Sec 73 - In view of SC decision in the case of L H Sugar, a notice under Section 73 cannot be resorted to for recovery of tax not paid during the relevant period :Cestat ;

 

 

CUSTOMS SECTION

2007-TIOL-728-CESTAT-AHM.doc + EoU Story.doc

Commissioner of Customs can adjudicate the case where duty has been demanded under Section 72 of the Customs even if it is admitted that under Section 72 the proper officer is the Central Excise officer incharge of the 100% EOU . :Cestat ;

 
Common Basket

export story.doc

India's exports grows by 23% but trade deficits continue to worry policy makers ;

cbuzz087.doc

Spices Board to focus on other States for more spices;

     
 

Regards
Customercare Executive

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