MoC gearing up to unfold annual supplement to Foreign Trade Policy on Friday;

Chennai Airport Customs seizes Ketamine worth Rs 1.35 Cr; Two Kuala Lumpur-heading passengers held;

AGT season begins; CBEC full Board discusses Commissioners' transfer order today;

Empowered Panel on VAT to submit GST report to MoF by month-end;

Shabhash Sridhar ! - CBEC Member, Sridhar is our new hero (See 'DDT');

CBI raids Mumbai-based real estate developer and PF officials in Rs 160 Cr PF fraud case;

2008-TIOL-202-HC-P&H-IT.pdf

CIT, Jalandhar Vs M/s P K Industries (Dated : March 3, 2008)

Income Tax – refund - interest - Interest is payable on the amount to be refunded under Section 244(1) within three months from the decision of the appellate or other authority specified in Section 240. The expression “amount” in the earlier part of Section 244( 1A ) refers not only to the tax but also to the interest; it is a neutral expression and it cannot be limited to the tax paid in pursuance of the order of assessment.

Even assuming that there is no provision for payment of compensation, compensation for delay is required to be paid as the Act itself recognizes in principle the liability of the Department to pay interest when excess tax was retained and the same principle should be extended to cases where interest was retained. : P & H HIGH COURT;

2008-TIOL-201-HC-P&H-IT.pdf

Smt Anchi Devi Vs CIT, Hisar (Dated : March 28, 2008)

Income tax - the Assessing Officer cannot be allowed to initiate fresh proceedings on identical facts as the first assessment proceedings had failed to result in a valid assessment due to lapse on the part of the Income Tax Authority : P & H HIGH COURT;

2008-TIOL-147-ITAT-DEL.pdf + NDTV story.pdf

NDTV Vs CIT, Delhi (Dated : March 31, 2008)

Income Tax Ac t- Section 263 - Claim for deduction u/s 80HHF - In earlier AY's AO had not only examined the items exported and the manner in which the exports have been carried u/s 80HHE, and the issue regarding claim of deduction, having travelled even upto the Tribunal which found the claim to be in order, the onus was on the CIT to demonstrate as to what was the error or unsustainable in law with the action of the AO - no independent finding by CIT that the view of AO was incorrect - the order of CIT suffers from a jurisdictional defect

“Record” means all records relating to any proceeding under this Act - CIT confining himself to assessment order per se and not to the entire record, which included, the replies of the assessee made during assessment proceeding - The manner in which an assessment order is drafted by the AO is not within the control of the assessee - Merely because there is no mention in the assessment order about the enquiries made by the AO about the claim of deduction under Section 80HHF would not justify an inference that there was a failure on the part of the AO to make enquiries. : DELHI ITAT;

2008-TIOL-146-ITAT-DEL.pdf

ACIT, Delhi Vs M/s Oracle India Pvt Ltd (Dated : March 31, 2008)

Income Tax - Interest u/s 234 - AY 1995-96 - Regular assessment u/s 143(3) completed in 1998 and no interest charged - While giving effect to the appellate order the AO charged interest as Sec 234D was inserted in the statute vide Finance Act. 2003 - Since no interest was charged in the regular assessment on excess refund granted to the assessee, it cannot be charged now while effecting the appellate order - Revenue's appeal dismissed : DELHI ITAT;

cbecorder071_2008.pdf

CBEC transfers 4 Addl/JCs;

cbecorder072_2008.pdf

CBEC transfers 3 AC/DCs;

cbecorder073_2008.pdf

Fresh charge distribution among CBEC Members + zonal charges;

CENTRAL EXCISE SECTION

2008-TIOL-67-SC-CX.pdf + gas story.pdf

CCE, Chandigarh Vs M/s Gurdaspur Distillery (Dated : March 5, 2008)

Central Excise – excisability: An article does not become liable to excise duty merely because of its specification in the schedule to the Central Excise Tariff Act unless it is salable and known to the market. Counsel for the Revenue has very fairly stated that the Revenue had not led any evidence to show that the goods in question were marketable.

The finding recorded by the Commissioner (Appeals) that the Methane gas produced by the respondent was not marketable and as confirmed by the Tribunal is a finding of fact which does not call for any interference.

Since the Revenue had not been able to lead any evidence to show that the goods in question are marketable, in the absence of the same, it cannot be held that Methane gas was marketable and consequently the excise duty was exigible . : SUPREME COURT ;

2008-TIOL-546-CESTAT-MUM.pdf + kopran story.pdf

M/s Kopran Ltd Vs CCE, Raigad (Dated : February 26, 2008)

Easehaler value, whether to be included in value of Easecap – Tribunal grants waiver of pre-deposit & orders Stay : MUMBAI CESTAT;

2008-TIOL-545-CESTAT-MUM.pdf

CCE, Mumbai II Vs M/s Vikash Testing & Development Ltd (Dated : December 6, 2007)

Substantial justice should not be denied on technicality - Tribunal order passed on facts which are erroneous recalled – ROM application of Revenue allowed : MUMBAI CESTAT;

2008-TIOL-544-CESTAT-MUM.pdf

CCE, Pune II Vs Helios Food Additives P Ltd (Dated : January 25, 2008)

Cement, Tor steel, MS Plates, Channels, MS Angles – Cenvat credit not available as the said items were used in civil construction for erection and plant of machinery as a whole – Revenue appeal allowed. : MUMBAI CESTAT;

2008-TIOL-543-CESTAT-BANG.pdf

M/s Handum Industries Ltd Vs CCE, Hyderabad (Dated : December 12, 2008 )

Central Excise – 100% EOU – demand of differential duty on advance DTA sales by denying the benefit of notification 2/95 CE on the ground that no physical exports were made - after the Order-in-Original has been passed, the Development Commissioner has extended the validity of the permission given to the appellant unit to continue under the 100% EOU Scheme - In the light of the changed circumstances, the impugned order of the Commissioner is not sustainable : BANGALORE CESTAT;

SERVICE TAX SECTION

2008-TIOL-68-SC-ST.pdf + port story.pdf

CCE, Bhavnagar Vs M/s Velji P & Sons (Agencies) Ltd (Dated : March 24, 2008)

Service Tax –port service – any service rendered in the port is not port service - As the Homa case was not appealed against, no appeal on the same issue in another case. : SUPREME COURT ;

2008-TIOL-541-CESTAT-DEL.pdf

CCE, Jaipur I Vs Laxmi Trading Co (Dated : February 18, 2008)

ST - Cargo handling service - Since the contract is for transportation of limestone and the loading/unloading service is only incidental and a service to himself, it is not covered under the taxable service : DELHI CESTAT;

2008-TIOL-540-CESTAT-DEL.pdf

Shri Vijay Kumar Vs CCE, Ludhiana (Dated : February 27, 2008)

ST - Business Auxiliary Service - Assessee runs petroleum products outlets owned by PSU oil companies - Revenue demands tax - Prima facie, it is not a fit case for waiver of pre-deposit : DELHI CESTAT;

CUSTOMS SECTION

NOTIFICATION

ctariff08_045.pdf

Import from Singapore : Govt enhances exemption limit on hundreds of items;

CASE LAWS

2008-TIOL-203-HC-KER-CUS.pdf

CC, Vizag Vs M/s Hygrdse Pellets Ltd (Dated : March 13, 2008)

Customs – EPCG Licence – non-fulfillment of export obligation – request for extension of period of licence is pending before the DGFT – Bank Guarantee not to be invoked until a decision is taken by the DGFT : KERALA HIGH COURT;

2008-TIOL-542-CESTAT-BANG.pdf

M/s Satguru Creations Vs CC, Cochin (Dated : November 14, 2008)

Imported old computers – RF @ 10% and penalty at 5% : BANGALORE CESTAT;

ddt 09 apr.pdf

Anti Dumping Duty on Sodium hydrosulphite – Government extends yet another dead notification!

Shabhash Sridhar ! - CBEC Member, Sridhar is our new hero;

spl column.pdf

Will a single input amongst a host of common inputs constitute ‘exclusivity' in the context of Rule 6 of the CCR, 2004?

mbuzz507.pdf

Election for Secy General post of WCO : India hosting 3-day high-profile meet starting on Monday;

mbuzz506.pdf

India-Africa Forum Summit : PM offers USD 5.4 bn line of credit;

mbuzz505.pdf

Pay Panel recommendations : Officers express deep discontentment;

mbuzz504.pdf

South Asia heading to fall short of Millennium Development Goals : WB Chief ;