Customs Tariff Notifications 77 to 80 related to changes in the export duty on steel products (See Customs Section below)

Excise Tariff Notifications related to amendments in excise duty rates on automobiles (See 'Central Excise Section below)

Kamal Nath affirms govt to be moving gradually towards evolving consensus on Indo-US nuclear deal;

tiol vizag workshop story.pdf

Revenue catching up with challenges associated with growth in Service Tax: CBEC Chairman;

mobile story.pdf

Mobile banking: RBI for only Indian rupee based services to Indian residents;

RTI reward story.pdf + rti_case.pdf

RTI Act cannot be used to force public authority to take a decision regarding payment of reward to informer – Central Information Commission ;

mbuzz704.pdf

House Panel gives in-principle nod to four greenfield airports in Karnataka ;

mbuzz703.pdf

TRAI takes steps to facilitate faster growth of IPTV service ;

2008-TIOL-242-ITAT-HYD.pdf

Shri K Srinivasa Rao, Hyderabad VS ACIT, Hyderabad (Dated : April 25, 2008)

To claim any expenditure against business income, it is immaterial whether the income is earned legitimately or otherwise. At the same time, the burden is on the assessee to prove the claim for expenditure. In the instant case, the assessee did produce certain vouchers. At least to the extent of the vouchers produced by the assessees, the Assessing Officer should have allowed the deduction for expenses. It will not be unjustifiable if it is presumed that the assessees must have incurred some expenses in order to earn the premium. The assessees are not in a position to substantiate the entire claim of expenses of Rs.10 lakhs. Therefore, it would meet the ends of justice if partial relief is granted to both of them. Under these circumstances, we direct the Assessing Officer to allow expenditure to the extent of Rs.2.5 lakhs in the hands of each of the assessees. : HYDERABAD ITAT;

CENTRAL EXCISE SECTION

NOTIFICATION

etariff08_040.pdf + etariff08_039.pdf

Related to amendments in excise duty rates on automobiles;

CASE LAWS

2008-TIOL-929-CESTAT-BANG.pdf

CCE, Visakhapatnam Vs M/s Balaji Iron & Steel Traders (Dated : January 30, 2008)

Central Excise – Cenvat Credit – goods consigned directly to the registered dealer as “consignee” and the name of the buyer shown as “customer” in the invoice – no violation of rule 2 and 7 of Cenvat Credit rules – no penalty can be imposed on the ground that the “customer” should be registered as first stage dealer. :BANGALORE CESTAT;

2008-TIOL-928-CESTAT-BANG.pdf

Christo George, Thrissur Vs CCE & CC, Calicut (Dated : Feburary 15, 2008)

Central Excise – valuation – sale through marketing firm alleged to be related to the manufacturing firms – unless it is shown that the price at which the goods were sold to the marketing firm was influenced by the relationship, there is no case for demanding duty by adopting the price at which the goods were sold by the marketing firm. :BANGALORE CESTAT;

SERVICE TAX SECTION

2008-TIOL-927-CESTAT-DEL.pdf

M/s Rajasthan Tours Pvt Ltd Vs CCE, Jaipur (Dated: Feburary 11, 2008)

ST - Cenvat Credit on Mobile phones - Assessee is a tour operator - claims credit for service tax paid on mobile phone bills - In view of rule 3(6) of the Service Tax Credit Rules, 2002 no credit can be taken on a phone connection unless it is installed at the business premises - however, credit is admissible on telephones installed in the premises : DELHI CESTAT;

CUSTOMS SECTION

NOTIFICATION

ctariff08_077.pdf + ctariff08_078.pdf + ctariff08_079.pdf + ctariff08_080.pdf

Related to changes in the export duty on steel products;

CASE LAWS

2008-TIOL-930-CESTAT-MAD.pdf

Salasar Corporation Vs CC, Chennai (Dated : March 13, 2008)

Customs – mis-declaration and under-valuation of Dupion Silk Yarn – the penal provisions get attracted even without mens rea – confiscation and penalty sustained – However, with regard to under-valuation, under Rule 6 of the Valuation Rules, it is incumbent on the Commissioner to adopt the lowest among the contemporaneous prices for identical goods – price to be adopted at 19USD per Kg instead of 21USD. : CHENNAI CESTAT;