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Imbroglio over CBEC Chief Commissioners' transfer order continues; Parleys on to sort it out fast; President appoints three Additional Judges for Kerala HC + three for Gujarat HC; CBDT discontinues return-filing through post offices; Chennai DRI detains two Kuala Lumpur-bound passengers with 870 live star tortoises; Cong Govt in Goa plunges into crisis with two MLAs walking out of its fold; SC Constitution Bench to begin hearing in OBC case from Aug 7; |
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| Dear Member, Sending you the following files: |
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Condition of SSI Notification - Non-implementation of - Board Cautions; CASELAWS 2007-TIOL-132-SC-CX.doc + sc cx story.doc In classification matters, the view of the Tribunal should not be interfered with unless patently wrong :SC; 2007-TIOL-1017-CESTAT-DEL-LB.doc + 11A LB story.doc Mandatory penalty under Section 11A is not maximum – No discretion to reduce penalty :Cestat; 2007-TIOL-1016-CESTAT-MUM.doc + santogen story.doc Notification 1/95CE - In a case where the goods after taking delivery are not brought into hundred per cent EOU and not used in the manufacture of export products, exemption ceases to be available and duty becomes demandable for non accountal of the goods because as per terms of notification 1/95, goods cannot be put to any other use & this interpretation is required to be made in view of the Apex Court decision in the case of Sneh Enterprises vs. Commissioner of Customs, New Delhi (2006-TIOL-114-SC-AD) where it has been held that it is trite law while interpreting the statute, the courts not only may take into consideration the purpose for which the same had been enacted, but also the mischief - Tribunal decision in Carrier Aircon Limited 2002(144)ELT70 distinguished as in the present case the it is not denied that the goods were delivered to the appellant though delivery as per their instruction was up to Bhiwandi. Since in this case the purpose of the bond and condition is to prevent misuse of the goods, it is the consignee only who has to be held responsible for accountal of the goods once he has taken delivery of the goods and the goods are no longer under control of the consignor. :Cestat;
SERVICE TAX SECTION NOTIFICATION CBEC amends Service Tax Not 19/2007-ST for constitution of Committee of Commissioners; CASELAWS 2007-TIOL-1013-CESTAT-BANG.doc Service Tax - Travel Agent - The tax of Rs. 19,31,853/- already deposited - Stay granted :Cestat; ST - Business Auxiliary Service - Assessee, a manufacturer of TMT bars, franchises brand name - takes cenvat credit for service tax paid - Since franchise business of the brand name has nothing to do with the manufacturing activity, credit cannot be taken :Cestat;
CUSTOMS SECTION Drawback – In view of Board's Circular 57/2004-Cus, the appellant is entitled for the benefit of DEPB Scheme on export even though the inputs used in the manufacture of the export product were cleared through DEPB route :Cestat; Customs – Imports – Valuation – Quantity difference is a relevant factor in valuation of imported goods under Customs valuation Rules which provide for adoption of contemporaneous imports as basis of valuation :Cestat; |
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Income Tax Returns will be accepted on Saturday and Sunday also; Treaty-making powers : A historic chance for Dr Singh-headed 'Executive' to give it up and opt for a legislation! Chennai DRI seizes Red Sanders worth Rs 31 lakh being exported as granite tiles; Suzlon Energy Q1 net at Rs 89 Cr; Part of business transferred to subsidiary; NIIT signs MoU with Ministry of Human Resources, Malaysia; Ranbaxy and GSK enter into pact to settle Patent litigation; Themis Lab to transfer technology to Aventis Pharma; IDFC and IIFCL to jointly finance core sector projects; Infosys bags global BPO contract from Royal Philips Electronics; |
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| Regards Taxindiaonline.com Pvt. Ltd. |
