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Civil Aviation Minister in favour of hiking FDI to 74% in cargo carriers segment; Cabinet gives nod to 'Clinical Establishments (Registration & Regulation) Bill, 2007 + allows flexible norms for hiring Functional Heads of sick PSUs with revival package; USA calls for India's constructive role in resuming WTO talks; India gets only 0.3% of EU FDI; FM invites potential investors to India; Govt releases 36 lakh free-sale sugar for July-Sept 2007; |
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| Dear Member, Sending you the following files: |
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RLT Case Laws Headnotes;
Central Excise - Penalty levied u/s 11AC read with Rule 173Q equal to amount of duty - Tribunal upholds the penalty but reduces the quantum - Revenue aggrieved on the ground that Tribunal has no power to reduce mandatory penalty equal to amount of duty imposable under Sec.11AC - When a case is covered by Rule 173Q, penalty imposable under Sec.11AC is just the maximum limit and the assessing authority has discretion to levy a lesser amount - Revenue's appeal dismissed: HC; 2007-TIOL-858-CESTAT-MUM.doc + Albright Story.doc Gypsum transported from the appellant's yard to buyer's cement factories by a contractor appointed by buyer - Only amounts which the buyer is liable to pay to the assessee are includible in transaction value:Cestat; Rule 8 of CER - Fortnightly payment of duty - Appellant wrongly utilizing the cenvat credit which accrued to them after the first fortnight for payment of duty - realizing their mistake they paid interest on the incorrect utilization - no cause for imposition of any penalty - Appeal allowed with consequential relief :Cestat; Central Excise - Waste and Scrap of paper - Notification No. 89/95-CE itself is based on the premise that waste and scrap of arising in the course of manufacture of exempted goods were also manufactured goods and hence dutiable but for the exemption :Cestat;
SERVICE TAX SECTION ST - Penalty u/s 76 - Assessee seeks waiver on ground of deposit of tax and interest before issue of SCN - Since the tax was paid after detection of evasion, penalty is imposable :Cestat;
CUSTOMS SECTION NOTIFICATIONS Customs Exchange rates for imports for July (Pl replace yesterday's file as there were some jumblings in the table); CASE LAWS DEPB - Education Cess - Since the goods imported were exempted from payment of BCD and CVD during the material period, it could hardly be said that such duties were 'leviable and recoverable' on the goods, for the purpose of levy of education cess under Section 84 of Finance (No. 27) Act, 2004 :Cestat;Customs - Cess - Refund of Cess paid an imported rubber - In the absence of evidence of Cess paid under protest, the refund can not be sustained :Cestat; |
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Comments On Draft Circular For Technical Issues In Service Tax Law ; Freely navigating Cyber mafia : India needs to set up Central Agency to neutralise them! 2007-TIOL-120-SC-CT.doc + sc ct story.doc Revision by Senior officers - Karnataka Entry Tax - No limitation for issue of notice, but there is limitation for passing the order : SC; Applications for Joint Secretary (TPL-I); The Central Information Commission (Management) Regulations, 2007; Jet Airways launches India's first SMS Check-In facility; i-flex Solutions wins for providing best anti-money laundering solution; |
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