Cracks emerge in Mulayam's party as General Secy Shahid Siddiqui joins BSP;

Congress getting panicky as trust vote coming closer;

Nepal all set to choose first President today;

IGI Airport Customs seizes Fake Indian Currency worth Rs 2 lakh in Rs 500 denomination; Three persons, including a lady, coming from Bangkok arrested;

mbuzz810.pdf

Govt decides to observe birthday of Maulana Abdul Kalam Azad as National Education Day on Nov 11;

mbuzz809.pdf

Kamal Nath calls for fair deal for Developing Countries in WTO negotiations;

mbuzz808.pdf

Solar lanterns to replace kerosene lamps on large-scale;

2008-TIOL-09-ARA-IT.pdf + dell story.pdf

Dell International India Pvt Ltd (Dated: July 18, 2008)

Income Tax - Assessee is a company of an international group of companies - provides call centre, data processing and IT support services to group companies - pays to non-resident company for telecom bandwidth service - Seeks advance ruling on whether it is fee for included services or royalty or any TDS to be deduced - As per the nature of the contract entered into by the Group with telecom service provider, there is no equipment leased out nor any scientific or technica skills imparted or made available to the assessee therefore it is mere service being provided - Source of income is certainly India and the service being provided to outside customer does not render the source outside India - since the assessee could not provide the necessary details to ascertain whether the non-resident payment recipient has a PE in India, the question left open for Revenue authorities to asceratin the same expeditiously - TDS to be deducted till the time the PE issuse is resolved - even if the finding as regards existence of P.E. is recorded against the applicant, it does not follow that the entirety of the payments to BTA shall be regarded as business income. Depending on the nature and function of P.E., the appropriate proportion of profits should be taxed: AUTHORITY FOR ADVANCE RULINGS (INCOME TAX) NEW DELHI;

2008-TIOL-350-HC-AHM-IT .pdf

DCIT Vs Blue Bell Polymers Pvt Ltd ( Dated : June 17, 2008 )

Income Tax - Relief u/s 80HHA and Sec 80I simultaneously? - Issue is no longer res integra as the benefits can be availed simultaneously - Revenue's appeal dismissed : AHMEDABAD HIGH COURT ;

CENTRAL EXCISE SECTION

2008-TIOL-1138-CESTAT-BANG.pdf

CCE, Bangalore Vs M/s Karnataka Vidyuth Karkhane Ltd (Dated : Feburary 20, 2008)

Central Excise – price escalation – no interest need be paid on the differential duty paid by the assessee before finalization of the provisional assessment. : BANGALORE CESTAT;

2008-TIOL-1137-CESTAT-MAD.pdf

M/s GTN Exports Ltd Vs CCE, Coimbatore (Dated : May 14, 2008)

100% EOUs – eligibility for CENVAT credit on the inputs in stock and inputs contained in the intermediate and finished goods on conversion of DTA unit to EOU – prima facie case in favour of the appellants – pre-deposit waived. : CHENNAI CESTAT;

SERVICE TAX SECTION

2008-TIOL-1136-CESTAT-MAD.pdf

M/s Brakes India Limited Vs CCE, Chennai (Dated : May 14, 2008)

Central Excise – Stay/dispensation of pre-deposit – credit of service tax paid on output service – since the matter is pending before Larger Bench, pre-deposit waived . : CHENNAI CESTAT;

CUSTOMS SECTION

2008-TIOL-1139-CESTAT-MAD.pdf + refund story.pdf

APW President Systems Ltd Vs CC, Chennai (Dated : Feburary 7, 2008)

Refund claim is not maintainable unless the original order of assessment for levy of duty is challenged – Issue is settled by the Larger Bench in Eurotex case – Appeal dismissed - CESTAT

As the assessment in the present case has not, admittedly, been challenged successfully by the assessee, their claim for refund of the ‘excess duty' cannot be maintained as rightly held by the lower authorities. The view taken in the impugned order stands affirmed in Eurotex Industries and Exports case (Para 3) :CHENNAI CESTAT;