Terror outfits seek to pit one community against another in India; PM (Common Basket )

Parliament passes Limited Liability Partnership Bill, 2008; LLP is better suited corporate body for services industry (Common Basket )

Govt urges researchers to work on low cost telecom equipment to take internet to rural areas;

DGCA directs Airlines to deploy only CAT-3 compliant aircraft and pilots for Delhi;

Law Commission for omission of Sec 213 from Succession Act;

New Delhi to host regional office of Permanent Court of Arbitration;

Guidelines on Managing Risks and Code of Conduct in Outsourcing of Financial Services by Banks;

BlackBerry-related security issues: Govt sees no problem with smartphones in India, says Telecom Secretary ;

PM story.pdf

Terror outfits seek to pit one community against another in India; PM;

llp story.pdf

Parliament passes Limited Liability Partnership Bill, 2008; LLP is better suited corporate body for services industry;

Guidelines on Managing Risks.pdf

Guidelines on Managing Risks and Code of Conduct in Outsourcing of Financial Services by Banks;

mbuzz1252.pdf

Govt urges researchers to work on low cost telecom equipment to take internet to rural areas ;

mbuzz1251.pdf

DGCA directs Airlines to deploy only CAT-3 compliant aircraft and pilots for Delhi ;

mbuzz1250.pdf

Law Commission for omission of Sec 213 from Succession Act ;

mbuzz1249.pdf

New Delhi to host regional office of Permanent Court of Arbitration ;

2008-TIOL-615-ITAT-BANG.pdf

DCIT, Udupi Vs M/s Medical Relief Society Of South Kanara, Manipal (Dated: April 25, 2008 )

Income Tax - Assessee, medical relief society, claims set off of brought forward of capital expenditure and operating loss against its subsequent years' income - AO while rectifying the assessment order leaves the issue untouched - CIT directs AO to allow set off - Held, when income of charitable trust is to be computed on the basis of commercial principles, then adjustment of expenses incurred by the trust for charitable and religious purposes in the earlier years against the income earned by the trust in the subsequent year will have to be regarded as application of income and should be allowed - Revenue's appeal dismissed.: BANGALORE ITAT ;

2008-TIOL-614-ITAT-MUM.pdf

DCIT, Mumbai Vs M/s MDS Switchgear Limited (Dated: December 31, 2007 )

Income Tax – Section 147 – Change of Opinion - Assessee had filed its return of income for the concerned year, were in Unit-wise Profit & Loss account and Balance sheet were enclosed. Separate workings for admissible deduction u/s 80HH and 80I were also enclosed. Thereafter, the AO during the course of proceedings u/s 143(3) issued questionnaire and conducted enquiry and the same was replied adequately by the assesee – CIT(A) held, it cannot be said that the assessee had failed to disclose fully and truly all material facts necessary for his assessment but it also cannot be said that the issue of deduction u/s 80HH and 80I had not been examined in detail and thus the reassessment was quashed as it tantamounts to a change of opinion - Held, no infirmity in CIT(A) order : MUMBAI ITAT ;

CENTRAL EXCISE SECTION

2008-TIOL-623-HC-P-H-CX.pdf + excise story.pdf

CCE Vs Hindustan Polyster Lines (Dated: October 31, 2008 )

Central Excise – Appeal against remand order of the Tribunal – No substantial question of law – The Tribunal having given the assessee an opportunity of cross-examination, on facts of the case, we do not find any ground to hold that such a view was liable to be interfered with in appeal under Section 35- G of the Act, which lies only on substantial questions of law.

Cross examination to be allowed – Though the tax authorities are not bound by technical rules of evidence, principles of natural justice are required to be followed, which require that the assessee is given the opportunity to cross-examine the witnesses, if so warranted by the facts.

Commissioner's inaction not appreciated – the impugned order was passed two years ago. No stay was sought or granted. Still, the Commissioner has failed to carry out the direction of the Tribunal, by which the Commissioner was bound, only on pretext that appeal was filed. Such conduct of the Commissioner can hardly be appreciated: PUNJAB AND HARYANAHIGH COURT ;

2008-TIOL-2040-CESTAT-DEL.pdf

M/s Hindustan Ferro & Industries Ltd Vs CCE, Kanpur (Dated: October 21, 2008)

Central Excise - unaccounted receipt of the raw material, corresponding manufacture and clearance of final products - the entire activities appear to have been done with meticulous planning in secrecy - demand of duty and penalty upheld. : DELHI CESTAT;

SERVICE TAX SECTION

2008-TIOL-2039-CESTAT-DEL.pdf

CCE, Meerut Vs M/s Highway Motors (Dated: October 6, 2008)

ST - Tour Operator Service - assessee runs buses as 'contract carriage' - Since Motor Vehicles Act defines tourist vehicles as the one adapted and maintained in accordance with the specification prescribed in the law, and that there is no evidence in this case to that effect, Revenue has no case :DELHI CESTAT;

2008-TIOL-2038-CESTAT-KOL.pdf

M/s Morias Construction Co (P) Ltd Vs CCE & ST, Ranchi (Dated: September 17, 2008)

ST - Refund - assessee is into construction business - claims refund of tax mistakenly paid by them - Revenue rejects - assessee argues that they have developed residential complex on their own and for themseleves in pact with the land owners in JV - Held, since the issues involved in the case cannot be made out from the order of the lower authorities, case remanded for passing a speaking order : KOLKATA CESTAT;

CUSTOMS SECTION

2008-TIOL-2037-CESTAT-MAD.pdf

CC, Chennai Vs M/s Universal Ventures (Dated: September 1, 2008)

Customs – classification – musical boxes made of plastic – the design supports the intended use as jewelry boxes – classifiable under 3926.90 - Standard clocks mounted on beautiful casings of wood are not toys as contended – classifiable as other clocks under Ch 9105. : CHENNAI CESTAT;