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Kandla Customs arrests two persons in SEZ fraud; FM clarifies Govt has no intention to legislate on corporate salary; MMTC plans to set up jewellery SEZ ; Aviation Policy goes to Group of Ministers; USA Supreme Court rules against India & Mongolia claiming immunity from paying taxes on Properties which partly provide accommodation to Indian diplomats; Central Excise mop-up logs 2.7% growth rate against 20.8% of Customs till May 2007; Union Cabinet okays Ordinance to grant relief from forcible action against unauthorised construction for one year in Delhi + amendment of SBI Act + establishment of Indira Gandhi National Tribal University; Rajasthan Governor Ms Pratibha Patil is UPA-Left nominee for Presidential poll ; |
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| Dear Member, Sending you the following files: |
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Jurisdiction of High Court - Assessee's cases transferred u/s 127(2) of the Act from one jurisdiction to another - Assessee objects on the ground that all proceedings took place in earlier jurisdiction and it is the situs of the AO that decides the jurisdiction of the HC - Since the situs of the AO itself has been changed becaue of the transfer of the cases, as per explanation of Sec 127(4), the appeal u/s 260A will lie in the HC of the present jurisiction - Revenue's appeal allowed (para 11,13,15) :HC; 2007-TIOL-167-ITAT-MUM.doc + stock story.doc Excise Duty not includible in the valuation of closing stocks – Re-opening of assessment based on Audit objection is not bad in law :ITAT; Ex-gratia payment - Assessee claims it to be capital receipt and thus not taxable as salary - Revenue disagrees - Where ex-gratia payment is made with reference to past services of the employee, then it's chargeable to tax as profit in lieu of salary but where it's made voluntarily without any mention of past services, then such payment is not chargeable to tax - Since the assessee got it in recognition of his past services it is liable to tax - Assessee's appeal dismissed - (para 4.1,4.3):ITAT; Assessee is a charitable body - Seeks condonation of delay for registration u/s 12AA - Revenue declines to do so and grants exemption from the date of application - The objective of Limitation Act is not to perpetuate injustice but to prevent dilatory tactics, and delay irrespective of its length should be condoned in bona fide cases - No intentional dealy - Assessee's appeal upheld (para 12) :ITAT; |
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Govt extends excise refund benefits for cement used in construction of houses for tsunami victims till March 31, 2008; Is Castor oil ayurvedic ? Issue remanded to Tribunal: SC; Cenvat / modvat credit on capital goods - Is it admissible on ropeway spares used for carting limestone from crusher near captive mines to the factory? - Credit is allowable as per earlier orders of the apex court :SC ; Central Excise - Appeal - Condonation of delay - Not entertaining the COD application and returning it by letter is not correct as per law - Matter remanded to Commissioner (A) for decision on merits :Cestat ; Central Excise ?usage of common inputs - payment of 8% amount is not applicable for by products ? since the assessee has reversed the credit, the 8% demand is not sustainable :Cestat ;
SERVICE TAX SECTION 2007-TIOL-790-CESTAT-MUM.doc + finolex st story.doc Unloading and transferring of the LPG gas from the ship to tanks, cannot get attracted under the services of Storage and Warehousing Unloading of LPG from the ship and transfer by pipelines to LPG tanks, by any stretch of imagination cannot fall under the category of unloading of the goods in the storage area considering the fact that the characteristics of the product (which is being unloaded) is of volatile nature and hazardous one. It is also not disputed that the unloading activity of the LPG gas from the ship takes place at the port and appellant is paying Service tax under the category of port services. :Cestat ; Input service credit on mobile phones ? stay allowed as the issue is covered in CESTAT order in Indian Rayon & Industries Ltd :Cestat ;
CUSTOMS SECTION Revision of application form for grant of Custom House Agent's License under section 146 of the Customs Act, 1962; What is the relevant date on which the vessel is broken up? – Substantial question of law – remanded to High Court:SC; Exports under duty exemption scheme - Search - Seizure of documents - SCNs issued against parts of consignments - Revenue is free to investigate as per law but cannot proceed without issuing SCNs in remaining consignments - Revenue's appeal dismissed :SC; 2007-TIOL-312-HC-KAR-CUS.doc + hc power story.doc Tribunal rectified certain mistakes which did occur in the impugned order and that power is available to the tribunal" - Revenue appeal rejected:HC; Customs - Imposition of Penalty on Department officer - The revenue has failed to establish the case of abatement and collusion against the appellant :Cestat ; |
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FBT on shares to employees – need not pay today; wait till September ; RBI further liberalises overseas direct investment; Selection for the post of Director (Finance) in Telecommunications Consultants India Ltd. in Schedule 'B' scale of pay. Training Programme on Defence.doc Training Programme on Defence/Internal Security at the National Defence College, New Delhi - Beginning January, 2008 - 11 months ; Orchid gets FDA nod for Terbinafine HCL; Venus files papers for patent; VSNL launches Global Managed Hosting & Storage Solution; Bharat Electronics hands over spacecraft components to ISRO; |
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