Taxindiaonline.com - Daily Mail Update
 
2008-TIOL-NEWS-056
Tuesday, March 04, 2008
 
News Flash

Excise duty exemption to HP & Uttranchal : Printers & computer monitors also included in schedule of items;

11th Plan: 7 IIMs, 8 IITs and 30 Central Univs to be set up;

ICICI Bank lost USD 264 mn due to sub-prime crisis (See 'Mixed Buzz')

Associated Enterprises, beware: Account transactions even without cash flow now attract service tax (See 'Common Basket');

Govt gives nod for fiberglass LPG Cylinders;

     
 

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Direct Tax Basket

2008-TIOL-127-HC-RAJ-IT.pdf

Income Tax - Assessee, engaged in pawning business, advances loan against pawned articles and charges interest - A.O. calculates interest on debtors without taking into account the acknowledged rate - There must be documents alongwith the pawned articles showing the amount for which the articles were pawned which should have been taken into account for calculating interest at the rate acknowledged by assessee, and thus deletion of entire amount of interest cannot be sustained - Matter remanded to A.O. to calculate interest accordingly - Revenue's appeal allowed.: RAJASTHAN HIGH COURT;

2008-TIOL-126-HC-RAJ-IT.pdf

Income Tax - A.O. declines to accept assessee's gross profit rate and instead applies a higher rate - CIT(A) and Tribunal delete the additions made - CIT(A) and Tribunal have given cogent reasons for deletion and moreover previous year's GPR couldn't have been applied as in that year entire sale was export sale whereas in the year under consideration a part of sale is domestic sale and it is export sale which yields a higher GPR - Revenue's appeal dismissed. : RAJASTHAN HIGH COURT;

 
Indirect Tax Basket

CENTRAL EXCISE SECTION

2008-TIOL-125-HC-RAJ-CX.pdf

Central Excise - Modvat credit on captive consumption of inputs can be availed by the assessee when it has fulfilled the conditions of payment of Excise Duty under S. 3A of the Central Excise Act when the goods were removed from the re-rolling Mill manufacturing inputs to forging factory under an invoice by making payment of the invoice price by a cheque in separate account though both the factories are owned by the same person : RAJASTHAN HIGH COURT;

2008-TIOL-331-CESTAT-MUM.pdf + prakash story.pdf

When ground for rejecting the appeal of the appellant is totally non-existent on the date of the order, the order is required to be set aside with consequential relief: MUMBAI CESTAT;

2008-TIOL-330-CESTAT-MUM.pdf

No interest payable u/s 11AB of the CEA'44 in respect of the supplementary invoices raised by the respondent assesses on the enhancement of the purchase order value – Bombay HC decision in appeal no. 42/2007 in Rucha Engineering relied upon – Revenue appeals dismissed.: MUMBAI CESTAT;

 

SERVICE TAX SECTION

stsegst.pdf

Film theatres now come under Central Excise control - through Service Tax;

2008-TIOL-328-CESTAT-DEL.pdf

ST - whether bottling of liquor amounts to manufacture or only packaging so as to attract service tax - Since issue is pending with larger bench of high court, penalty set aside and pre-deposit waived off : DELHI CESTAT;

 

CUSTOMS SECTION

NOTIFICATION

ctariff08_031.pdf

Not No 105/2007 rescinded;

ctariff08_030.pdf

Govt imposes definitive anti-dumping duty on phenol;

cnt08_012.pdf

Tariff value of poppy seeds and brass scrap revised;

dgft07pn120.pdf

DGFT amends para 4.28 for recovery of customs on unutilised imported goods;

dgft07pn119.pdf

SION rates for engineering products amended;

dgft07not081.pdf + dgft07pn121.pdf

Prohibition on export of non-basmati rice – exemption for export to Bangladesh;

dgft07cir031.pdf

Clarification regarding requirement for return of original TR – 6 Chalan evidencing payment of Customs Duty for the excess raw material imported against Advance Authorisation Scheme;

CASE LAWS

2008-TIOL-329-CESTAT-BANG.pdf

Customs - Restriction on import of Second hand Capital Goods – hard disks imported are not second hand even though the sticker mentions “factory repaired”: BANGALORE CESTAT;

 
Common Basket

ddt 4 march.pdf

Service Tax – Publication of names;

ice cube.pdf

Politically correct budget lacks long-term vision!

2008-TIOL-33-SC-CT.pdf + sc ct story.pdf

UP Trade Tax - levy of tax is not on use of goods but on the transfer of the right to use goods: SUPREME COURT;

BUDGET ANALYSIS 2008-09

TIOL story.pdf

The 'And' & 'OR' story continues – Notification 11/2008-CE(NT);

dbsharma.pdf

Associated Enterprises, beware: Account transactions even without cash flow now attract service tax;

somesh article.pdf

Budget: The train in front of engine budget!

santosh article.pdf

Budget proposals & potential controversies;

Mixed Buzz

mbuzz400.pdf

ICICI Bank lost USD 264 mn due to sub-prime crisis;

mbuzz399.pdf

TRAI keen for 'Restructuring of Cable TV Services';

mbuzz398.pdf

TRAI favours hike in FDI limit for broadcasting sector;

mbuzz397.pdf

Essar Oil bags E&P block in Vietnam; to invest USD 60 mn;

 

Regards
Customercare Executive

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