Tihar Jail new guidelines propose to creat separate cell for govt employees;

Income Tax to give 'special treatment' to realty sector;

General insurance sector logs 12% growth; Reliance registers fastest growth;

Indo-US N-deal : BJP for setting up JPC;

Dr Renuka Viswanathan, Secy (Coordination) in Cabinet Secretariat gets additional charge of National Authority for Chemical Weapons Convention;

Indian Airlines Union may move court against merger;

DLF gets environmental nod for largest mall of India;

2007-TIOL-423-HC-ALL-IT.doc + income tax story.doc

Income tax - Assessee, a public limited Co, discontinues business but claims deduction of expenditure on account of salary, bonus etc. - Revenue disallows it since expenditure has no relation with the income earned by the assessee on account of dividend and capital gain nor is it required to keep the status of the Co. alive - Assessee's case falls under Sec.57(1)(iii) wherein only that expenditure is allowable which has nexus with the income earned and which is required to keep the Co. alive whereas expenditure being sought to be deducted by the assessee does not come within its scope - Assessee's appeal dismissed - (para 13).;

2007-TIOL-422-HC-DEL-IT.doc

Investment allowance - Assessee claims ice-cream as a confectionary item - The dictionary or scientific meaning of a term need not always prevail in the construction of a statute and commercial meaning should be taken into consideration - The views taken by several other High Courts that it is not a confectionary item are correct - Revenue's appeal allowed :HC;

CENTRAL EXCISE SECTION

2007-TIOL-421-HC-P&H-CX.doc + pfizer story.doc

Can excess duty be adjusted against short payment, especially when the refund if claimed would have been time barred? - When Modvat credit had not been availed can it be selectively allowed for a few consignments for which duty is demanded? - These issues cannot be raised for the first time in appeal: HC;

2007-TIOL-1075-CESTAT-AHM.doc + excise story.doc

FO/LDO/HSD – consumables within the meaning of Notification No. 1/95-C.E;

2007-TIOL-1074-CESTAT-DEL.doc

Central Excise - Includibility of RPO charges, RPO surcharges and railway siding/shunting charges in assessable value - Issue is no longer res integra and thus RPO charges and surcharges not to be included but railway sliding/shunting charges includible in assessable value;

2007-TIOL-1073-CESTAT-MAD.doc

Central Excise - Compounded Levy - Iron and Steel products when the input supplier has not discharged duty liability in view of the dispute, deemed credit on waste and scrap received or inputs received from such input supplier is not entitled;

2007-TIOL-1071-CESTAT-BANG.doc

Central Excise - Manufacture - Separate coil does not come into existence while converting the DPC wire - No merit in the appeal :Cestat;

2007-TIOL-1070-CESTAT-MAD.doc

Central Excise – Valuation – Department has delayed the verification and demand is time barred – cost of production was declared on the basis of C.A. certificate - in view of the revenue neutrality, no demand – Penalty under Rule 209A is not sustainable :Cestat;

SERVICE TAX SECTION

2007-TIOL-1072-CESTAT-MAD.doc

Service Tax - Recipient of Clearing and Forwarding Agent - Services during July'97 to March '98 - Settled decisions are applicable for C & F agents service also which are in favour of the appellant - Impugned order set aside;

2007-TIOL-1067-CESTAT-MAD.doc

Service Tax - Cargo Handling Services - Stay/Dispensation of Pre-deposit - Sub-contractors are not liable to pay Service Tax - prima facie the case is in favour of the appellant - stay granted. :Cestat;

CUSTOMS SECTION

2007-TIOL-1069-CESTAT-BANG.doc

Customs – Imports – Exemption – Substantial benefit cannot be denied for procedural lapses – The impugned order set aside and appeal allowed:Cestat;

2007-TIOL-1068-CESTAT-MAD.doc

Customs - Imports - Digital Satellite News Gathering (DSNG) system, a satellite communication equipment rightly classifiable under 8525 20 92 of Customs Tariff - The confiscation is affirmed - RF and Duty ordered to be paid - RF and penalties reduced :Cestat;

spl column.doc

CBEC again hits DGFT and causes pangs of pain to exporters!

bird flu.doc

Bird flu : Health Ministry leaving no stone unturned to contain spread;