India, Australia to begin FTA talks next week;

Cabinet to meet on Tuesday; To curb steel exports Govt may consider levying duty;

Kamal Nath clarifies ban on cement export not to apply to SEZs;

IMF says India's GDP growth rate to suffer a dent of 1.25% this fiscal;

2008-TIOL-213-HC-P&H-IT.pdf

CIT , Karnal Vs Om Overseas, Shiv Nagar (Dated : March 4, 2008 )

Income Tax - no defect pointed out in the books of accounts, AO not justified in making addition by rejecting the book results of the assessee – no question of law – While allowing the appeal of the assessee, the CIT ( A) has given a finding of fact that the additions have been made by the Assessing Officer without pointing out any specific defect in the books of accounts. The said finding has been further upheld by the Tribunal. During the course of arguments, learned counsel was unable to point out any illegality or perversity in the said finding of fact. Thus, we find no infirmity in the order of the Tribunal. No substantial question of law is arising for determination of this Court in this appeal and the same is hereby dismissed. : P & H HIGH COURT;

CENTRAL EXCISE SECTION

2008-TIOL-214-HC-P&H-CX.pdf + delay stoy.pdf

State Of Haryana Vs CC, CE & ST Appellate Tribunal And Others (Dated : January 15, 2008 )

Central Excise – condonation of delay under Section 35 (B)– the appellant-State has given sufficient reasons for condoning the delay and the Tribunal was not justified in dismissing both the application for condonation of delay and the appeal filed by the appellant at the threshold. .: P & H HIGH COURT;

2008-TIOL-562-CESTAT-MUM.pdf

Harish Lamba Vs CCE, Mumbai (Dated : January 16, 2008)

Rule 173Q(2) providing for confiscation of land, plant, building, machinery, etc., was deleted from the statute w.e.f. 12/05/2000 and, therefore, show cause notice proposing such confiscation is bad in law as it was issued in 2001 and the upholding of the liability to confiscation is also not permissible in law – ROM application allowed as mistake is obvious. : MUMBAI CESTAT;

2008-TIOL-561-CESTAT-MAD.pdf

Universal Packaging Vs CCE, Mumbai V(Dated : January 17, 2008)

SSI exemption – computation of aggregate value - Printed cartons cleared by assessee to buyer for packing goods for export - Applicants have filed sales tax forms which indicate that the purchaser had consumed these goods for the purpose of export – Prima facie case for waiver of pre-deposit as issue involved identical to Tribunal decision in Vadapalani Press 2007-TIOL-798-CESTAT-MAD

Non-compliance of the filing of the declarations as per Board circular 212/46/96-Cx dated 20.5.1996 is only a procedural lapse – Substantial benefit cannot be denied if otherwise available. : CHENNAI CESTAT;

SERVICE TAX SECTION

2008-TIOL-560-CESTAT-MUM.pdf

M/s J K Travels Vs CC & CE, Nagpur (Dated : March 3, 2008)

ST - Tour Operatior - Demand raised for period Oct 2000 to Sept 2004 and Oct 2004 to March 2005 - The issue for the period prior to Oct 2004 when the definition of tour operator service underwent an amendment may be covered in favour of the assessee in view of the coordinate bench decision ( 2007-TIOL-430-CESTAT-AHM ) but for the later period to be examined - Pre-deposit ordered . : MUMBAI CESTAT;

CUSTOMS SECTION

NOTIFICATION

dgft08cir001.pdf

Service tax refund on exports : A clarification;

dgft08not002.pdf

DGFT notifies ports for import and exports of wood logs;

dgft08not003.pdf

Prohibition on export of edible oils - some exceptions;

dgft08not004.pdf

export of cement banned;

CASE LAWS

2008-TIOL-559-CESTAT-MAD.pdf

M/s. Kavia Carbons (Chennai) P Ltd Vs CC, Tuticorin (Dated : January 16, 2008)

Customs – export of contraband- penalty: When there is no finding that the appellant company did anything to export or abet the export of contraband, the charge against the appellant company is not sustainable.-stay granted. : CHENNAI CESTAT;

ftp st story.pdf

DGFT lists out many services linked to exports and clarified to be not covered under service tax; Ban on export of cement notified ;

mbuzz514.pdf

Boom in import of construction machineries : DRI detects huge Customs duty evasion;