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DRI seizes 20 kg heroin + fake IC worth Rs five lakh from a truck coming from Jammu - suspected to be coming from across the border; Early this month DRI had seized 7 kg heroin in Punjab; Nath asks global trading community not to confuse subsidies for tariffs; China, Pakistan FTA to get operational from July 1, Tariff rates to be cut in two phases; CBI arrests Chandigarh NCB official in bribery case + Also arrests one Service Tax Inspector in Panchkula in corruption case; Shri Hareswar Baruah appointed as Addl Judge of Guwahati HC; ACC appoints Rajit Issar, IAS of 1972 batch, as Secretary of Deptt of Official Language; USA calls for India's constructive role in resuming WTO talks; Punjab Govt for arrest of Dera Chief; Situation tense in Sirsa; Empowered Group of State FMs on VAT favours levying service tax on public schools and private hospitals; |
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| Dear Member, Sending you the following files: |
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CBDT amends Rule 6DD; 2007-TIOL-185-ITAT-MUM.doc + sb story.doc Constitution of Special Bench on wrong facts - same issue pending in High Court - order constituting Special Bench withdrawn - Order to constitute Special Bench is administrative and President has the power to withdraw such an order :ITAT; Income Tax - CIT(A) passes order without giving reasonable opportunity of being heard to the A.O. despite specific request - Hearing in front of CIT(A) is quasi judicial proceeding which should conform to principles of natural justice and right to hear is one of the first principles of natural justice :ITAT; Income Tax - Assessee gets interest from development authority for delay in giving possession of the plot alloted to it - Revenue treats it as revenue receipt and makes addition in the total income - Use of the word 'Interest' for the amount does not make it so and its actually a compensation paid to the assessee for delay and thus a capital receipt - Revenue's appeal dismissed :ITAT; Income Tax - Assessee is a financial institution - Makes provision for 'interest accrued but not due' but does not know of ultimate beneficiary of such interest as it's to be paid on transferable bonds - A.O. imposes penalty u/s 221 for non deduction of tax at source - TDS is a vicarious liability to pay tax on behalf of the actual recepient of income and provisions of TDS can't be invoked unless identity of such recepient is ascertained since the scheme of TDS proceeds on the assumption that person who has to make payment knows the identity of the beneficiary, and moreover penalty for non deduction of tax at source can't be imposed u/s 221 - Assessee's appeal allowed :ITAT; |
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2007-TIOL-862-CESTAT-MUM.doc + hindalco story.doc Once duty has been paid on excisable goods & the same are later returned by the consignee & rule 16(1) of CER 2002 is followed, it cannot be said that the goods were non-marketable in the first place & the same are "waste & scrap" - Demand upheld but penalties set aside - Tribunal. Removal of the goods from the factory after discharging the duty liability indicated that the appellant themselves accepted that the goods are marketable. The argument of the Ld. Advocate that no duty is payable on the non-marketable goods could have come to his rescue provided the appellant had not cleared the goods from his factory premises and destroyed the same in his factory premises. Provisions of Section 11AC of the Central Excise Act, 1944 will not be applicable in the facts and circumstances of the case as there could be a mis-understanding of the provisions of Rule 16. Since the issue involved is a question of interpretation of Rule 16, the penalties imposed on the appellants under Rule 25 are also not warranted and hence the same are set aside : Cestat; Although Electricity Board is not a "State" within the meaning of Article 12 of the Constitution of India, since its entire capital is provided by State Government, it is a State government undertaking & is eligible to exemption under Notfn. No.74/93 CE, 175/86-CE and 1/93-CE - SC decision in Electricity Poles Manufacturing followed - Revenue appeal rejected:Cestat;
SERVICE TAX SECTION Service tax - Refund - Matter remanded to the original authority to decide the question of unjust enrichment afresh:Cestat; Service Tax - Business Auxiliary Services - Stay/Dispensation of pre-deposit - The basic condition under Section 65(19) of the Finance Act, 1994 for rendering production of goods on behalf of client taxable has prima facie not been satisfied in this case - Stay granted:Cestat;
CUSTOMS SECTION NOTIFICATIONS Not 62/94 amended to notify ICD in Kerala; Charter of functions for RMS division + local committee; CASE LAWS 2007-TIOL-864-CESTAT-AHM.doc + LB story.doc Whether burden of proof to establish the veracity of export value lies on the exporter or department? Issue goes to Larger Bench :Cestat;Customs - duty on bulk liquid cargo - quantity received in the shore tanks should be the basis for assessment but not the ullage quantity as there will be always difference between the ullage quantity and the quantity received in the shore tanks :Cestat; |
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ICD - Vapi replaced with Valvada; State FMs decision to levy service tax on schools and hospitals - It would amount to 'fiscal blasphemy'! MRP price - Petitioners question the impermissibility to charge customers above the MRP on mineral water bottles - Predominant activity of a hotel or restaraunt is to provide service and not sale of any provisions which is only incidental to its main activity and, thus supply of food and drink by them does not constitute sale - There is no violation of Standards of Weights and Measures Act which limits charging above the listed price - Petition allowed: HC; RBI comes out with guidelines on pension funds management by banks; IRS officer receives UN Award on behalf of State of Chhatisgarh; Crisil assigns first set of Bank Loan Ratings; |
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