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CESTAT to hold Circuit Bench at Hyderabad from Sept 3 and at Cochin from Sept 13; Govt to set up National Silkwork Seed Regulatory Authority; Import of finished steel goods goes up by 60% during April-July this fiscal; Govt says pvt sector has no role in nuclear power generation; TRAI says no cap for number of players in each telecom circle; Nath confident of realising USD 160 bn exports this fiscal; MoF appoints 10 advisors for PPP projects; |
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| Dear Member, Also sending you the following files: |
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2007-TIOL-1240-CESTAT-MUM-LB.doc + lb story.doc SSI Exemption - Omission to declare the use of brand name of another person in the classification list cannot lead to application of extended period of time : Cestat Larger Bench; 2007-TIOL-1239-CESTAT-DEL.doc + maruti story.doc Shortage of inputs - credit reversed obligingly - no penalty or interest imposable on Samman Patra recipient - Tribunal upholds its earlier order in remand proceedings :Cestat; Appellant failed to establish that the excess amount of duty incidence were not passed on to other person- Appellant have not produced any supporting evidence in support of their contention that the excess amount of duty incidence was not passed to other persons - No evidence has been brought on record to the fact that the incidence of duty had not borne by their buyer- Claim for refund rejected :Cestat; Central Excise - Cotton Embroidery Yarn - Exemption - No merit in the contention of Revenue that the availability of exemption under Notifications in question depend on the manner of usage of embroidery yarn in fabrics - Nothing in Notification is found to indicate that the process of embroidery as fabric was decisive in determining whether the yarn/thread in question was eligible for the benefit of exemption :Cestat;
SERVICE TAX SECTION ST - GTA Service and C & F Service - Assessee was the recipient of the services - Demand raised and penalty imposed - In view of SC decision in the case of L H Sugar, demand not sustainable :Cestat; ST - Business Auxiliary Services - Assessee was into processing of loan applications and forward the same to banks for sanctioning - Since neither the bank nor the Revenue informed them the assessee had a bona fide belief that they are not covered - Demand with nominal penalty raised - Assessee pays - Commissioner later enhances penalty amount - Since the levy was new and confusion prevailed in the initial period and the assessee also did not collect tax from banks, it was not a fit case for enhancement of penalty :Cestat;
CUSTOMS SECTION NOTIFICATION DGFT amends handbook to make CST reimbursement quarterly; CASE LAWS Customs Duty - Appellant imports certain goods which are detained by the authorities and not released even on submission of bills of entry on the ground of test of samples - Court orders release of goods on provisional assessment - Revenue treats the goods under a different tariff head than the one declared by the petitioner in provisional assessment - Petitioner objects on the ground that the authorities do not have jurisdiction to change the tariff entry at the stage of provisional assessment which can be done only at the time of final assessment - Provisional assessment is made u/s 18 which lays down no bar on treating the goods under a different tariff head than the one declared by the importer but this can be done only on the basis of some valid and reliable material and not on surmises and conjectures - A.O. in the instant case had test report which formed a reliable material :HC; No evidence to this effect that the goods were pilfered during its custody with Mumbai Port Trust - Revenue has failed to conclusively establish that the goods were pilfered while in the custody of the Mumbai Port Trust - Liability cannot be fixed on the Mumbai Port Trust as custodian in terms of provisions of 45(3) of Customs Act, 1962 :Cestat; Penalty under Sec. 112 of the Customs Act cannot be imposed in lieu of confiscation of the goods - It is only when the importers are asked to pay fine in lieu of confiscation, that such amount of fine is to be mentioned in accordance with Sec.125 ibid - Penalties imposed in lieu of confiscation set aside :Cestat; |
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Section 11C notification issued but demand already confirmed ? 123 Agreement : Reductio ad asburdum! A tale of tax evasion case and the plight of a Commissioner! SREI Infrastructure picks up stake in AP Venture Fund; KLG Systel Bags orders over Rs 67 crore; Polaris Retail Excel is now powered by SAP NetWeaver; Ashok Leyland, Nissan agree to form partnership for manufacture of LCV products; |
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| Regards Taxindiaonline.com Pvt. Ltd. |
