Left to launch nationwide anti-UPA protest from tomorrow;

MoF issues statement on inflation mentioning marginal rise of 0.26 per cent in inflation for the week ending June 28;

India commemorates Indo-China bilateral relations by issuing a set of two postage stamps;

wto story.pdf

WTO reports declining anti-dumping trend; China continues to be punching bag;

Trai story.pdf

TRAI recommends auction for allocation of 3G spectrum in 5 MHz block ;

mbuzz791.pdf

FCV tobacco farmers doble realisation last year ;

mbuzz790.pdf

Govt okays 10 more clusters of handlooms in J&K;

2008-TIOL-313-ITAT-HYD.pdf

ITO, Kothagudem Vs M/s Kanaka Durga Wines, Paloncha ( Dated : May 30, 2008)

No appeal to Tribunal if tax effect is less than Rs. 2 Lakhs – Substantial question of LAW raised subsequently – not maintainable; It is contended by the Departmental Representative that the issue whether the assessee is to be assessed as a firm or as on Association of Persons ( AOP ) involves a substantial question of law and hence the appeal should be heard on merits. At the time of hearing of the appeal no such plea was taken and hence now if it is entertained, it would amount to review which is not permissible: HYDERABAD ITAT;

2008-TIOL-312-ITAT-HYD.pdf

Shri N Prakash Vs ITO, Hyderabad ( Dated : January 31, 2008 )

Tribunal condones the delay in filing the appeal by a Majority - CIT(A) to decide the appeal afresh on merits after giving due opportunity of being heard to the assessee : HYDERABAD ITAT;

CENTRAL EXCISE SECTION

2008-TIOL-1097-CESTAT-DEL.pdf

M/s Max India Ltd Vs CCE, Chandigarh (Dated : Apri 17, 2008)

Central Excise – Cenvat Credit – no need to reverse the credit on the inputs sent abroad for repairs and received back in the factory within 180 days of the removal – Rule 3(4) of the Cenvat Credit Rules – order of the Commissioner (Appeals) set aside: DELHI CESTAT;

2008-TIOL-1096-CESTAT-DEL.pdf + 11d story.pdf

M/s Ganga Engineers Vs CCE, Kanpur (Dated : June 11, 2008)

Even if the 10% amount under rule 6 of the CCR, 2004 is collected from buyer, Section 11D of the CEA’44 not to be applied – Tribunal allows appeal based on Board’s Circular dated 16.05.2008: DELHI CESTAT;

2008-TIOL-1094-CESTAT-DEL.pdf + depb story.pdf

M/s Soorajmull Baijnath Industries (P) Ltd Vs CCE, Delhi-III (Dated : March 14, 2008)

Benefit of Cenvat Credit is not available when duty has been paid through DEPB, however extended period cannot be invoked as there were conflicting views on the issue: Tribunal :DELHI CESTAT;

2008-TIOL-1093-CESTAT-MAD.pdf

CCE, Coimbatore Vs M/s Siddha Steels Pvt Ltd (Dated : March 12, 2008)

Central Excise – Excise is a duty on manufacture – Freight charges will not form part of the assessable value – Ratio of Apex Court decision in Baroda Electric Meters followed by Tribunal :CHENNAI CESTAT;

2008-TIOL-1092-CESTAT-BANG.pdf

M/s Sibar Auto Parts Ltd Vs CCE & CC, Tirupathi (Dated : March 12, 2008)

Default in fortnightly payment of duty – Payments made through CENVAT Credit A/c also to be considered as payment – However, Interest is liable for default – Remand to original authority for calculation of interest - CESTAT. : BANGALORE CESTAT;

SERVICE TAX SECTION

2008-TIOL-1091-CESTAT-DEL.pdf

M/s Jaypee Rewa Plant Vs CCE, Bhopal (Dated : May 22, 2008)

ST - Cenvat Credit - Assessee claims credit on input services like telephone services, rent-a-cable service, maintenance & repair service and air travel agency services - Revenue alleges that the assessee did not submit evidence regarding the uses of these input services - Prima facie, the assessee failed to make a case for waiver from pre-deposit : CHENNAI CESTAT;

CUSTOMS SECTION

2008-TIOL-1098-CESTAT-DEL.pdf

T Manivannan Vs CC, Tuticorin (Dated : Apri 4, 2008)

Customs – Stay / dispensation of pre-deposit – penalty on the appellant for alleged abetting of export of red sanders to Malaysia - a person cannot be penalized under the Customs Act solely on the basis of inculpatory statement of a co-accused and that, for such penalty, there must be corroborative evidence against the person concerned – waiver of pre-deposit granted: DELHI CESTAT;

2008-TIOL-1095-CESTAT-MAD.pdf

A Mohammed Vs CC , Chennai (Dated : March 14, 2008)

Customs – delay in refunding the pre-deposit even after the department's appeal against the Tribunal order was dismissed by the High Court – the appellants are entitled for refund of pre-deposit with interest. :MUMBAI CESTAT;