India to have 75 metros and 80% population living in urban centres by 2051; Urban Devt Secretary calls for pvt investment ("Common Basket")

Net direct tax collections in December nosedives by over 13%;

Indian aerospace sector is highly promising for American investment: Civil Aviation Secretary;

PBD: Ministers invite NRIs, PIOs to invest in India; framework in place to safeguard such investments;

Violation of code of conduct cannot be a ground to set aside election, says Delhi local court + Jharkhand CM Soren loses bypoll; creates political uncertainty in State;

SEBI orders investigation into Satyam balance-sheet fraud;

PM inaugurates Naval Academy at Ezhimala;

cobweb.pdf

Anti-Terror Roadmap: PC rolls out police reforms; eyes critical role for local police thana;

urban story.pdf

India to have 75 metros and 80% population living in urban centres by 2051; Urban Devt Secretary calls for pvt investment;

mbuzz0026.pdf

PBD: Ministers invite NRIs, PIOs to invest in India; framework in place to safeguard such investments;

mbuzz0025.pdf

Indian aerospace sector is highly promising for American investment: Civil Aviation Secretary;

2009-TIOL-16-ITAT-DEL.pdf

M/s Object D Arts India Vs ACIT, Moradabad, UP (Dated: November 21, 2008)

Income tax - assessee is a partnership firm - partners claim deduction for purchase of foreign exchange and foreign fare expenses - AO disallows 10% of the expenses on the ground that the personal element of their trip cannot be ruled out - Held, since the assessee fails to establish 100% business purpose of the foreign trip, disallowance allowed:DELHI ITAT;

2009-TIOL-15-ITAT-BANG .pdf

ITO, Mysore Vs Sri Peter Kennedy (Dated: November 7, 2008)

Income Tax - TDS - Assessee is a company, having a unit in Mysore - earlier the unit was a franchisee of a hospital-managing Group which was run by a trust upto 30.3.2006 - the Group used to appoint deoctors and other staff for the Trust againt payment of management fee - Trust used to pay salary and other facilities - Survey u/s 133A - Revenue finds TDS not deducted on full payment of professional charges paid to doctors - demand with interest raised - CIT(A) holds the demand being raised on wrong person - Held, Trust is not a company and therefore, the principal officer in the case of a Trust cannot be made liable for action u/s 201(1) and 201(1A) - CIT (A) order upheld on the point that the assessee was not personally liable for the tax deduction because the assessee himself was an employee - Revenue's appeal dismissed:BANGALORE ITAT;

SERVICE TAX SECTION

2009-TIOL-45-CESTAT-KOL.pdf

M/s Indian Institute For Production Management Vs CCE,CC & ST, Bhubaneswar-II (Dated: November 27, 2008)

ST - Commercial Training Institute - Assessee is a charitable institution - provides training under Colombo Plan - Revenue raises demand - assessee pleads on limitation ground as well - Prima facie, the assessee has a good case - Waiver from pre-deposit granted:KOLKATA CESTAT;

2009-TIOL-44-CESTAT-DEL.pdf

CCE, Lucknow Vs M/s Orbit Travels (Dated: November 20, 2008)

Service tax - Rent-a-cab service - Demand raised and assessee pays tax with interest and 25% of penalty u/s 78 - Revenue imposes penalty u/s 76 by issuing a corrigendum to SCN - Commissioner (A) takes the view that when penalty is imposed u/s 78, penalty under Sec 76 is not called for - held, since the Revenue has not challenged the imposition of penalty by issuing corrigendum to SCN, the Commissioner (A) order is upheld:DELHI CESTAT;

CENTRAL EXCISE SECTION

2009-TIOL-48-CESTAT-MUM.pdf + unjust story.pdf

CCE, Nasik Vs Jyoti Structures Ltd (Dated: November 17, 2008)

Commissioner(A) failing to give findings on the value of the goods but rejecting refund claim on the ground of unjust enrichment – Tribunal remands matter in Revenue appeal.:MUMBAI CESTAT;

2009-TIOL-47-CESTAT-MUM.pdf

CC, Mumbai Vs M/s Diamond Polymer Pvt Ltd (Dated: August 22, 2008)

Central Excise – All refund claims pending when provisions of unjust enrichment were enacted to be dealt with as per those principles – Impugned order set aside with directions to adjudicating authority to decide afresh on merits:MUMBAI CESTAT;

2009-TIOL-46-CESTAT-MUM.pdf

M/s Sant Shiromani Maruti Maharaj S S K Ltd Vs CCE, Aurangabad (Dated: September 19, 2008)

Central Excise – SCN seeks levy of penalty under S. 11AC without alleging fraud, suppression or wilful mis-statement of facts - Excess/Wrong availment of CENVAT Credit does not warrant imposition of penalty under S. 11AC – Impugned order set aside:MUMBAI CESTAT;

CUSTOMS SECTION

2009-TIOL-43-CESTAT-MUM.pdf

M/s GKB Ophthalmics Ltd Vs CCE & CC, Goa (Dated: October 20, 2008)

Customs – Imports by 100% EOU under bill of entry for warehousing not liable to customs duty even if trading outside purview of EOU scheme under EXIM policy - No bar in transfer of such goods to another 100% EOU under bond – Primafacie case in favour of appellants – Pre-deposit waived and stay granted :MUMBAI CESTAT;