PMO reviews progress of Delhi-Mumbai Industrial Corridor with Japanese promoters;

SBI has decided to freeze 10% interest rate for car loan in 2009;

Montek sticks to 7% growth projection for current fiscal;

New integrated terminals inaugurated at Vizag and Tiruchirappalli airports;

Govt asks MCI to revise norms for opening of Medical Colleges ;

Consumer is free not to buy gas stoves with gas cyliners; MRTPC directs IOCL to revise instructions to dealers;

Orders to inspect books of accounts of 263 companies issued between April, 2003 and Jan, 2009: Minister;

TIOL COMMENTARY

special column.pdf

Constitutional validity of Notification 32/2006 and Rule 12AA of CCR, 2004;

cic story.pdf

Vintage records ‘lost' through sheer afflux of time – Fate of Information request – CIC shows the way ;

MIXED BUZZ

mbuzz0195.pdf

PMO reviews progress of Delhi-Mumbai Industrial Corridor with Japanese promoters;

mbuzz0194.pdf

Govt asks MCI to revise norms for opening of Medical Colleges ;

mbuzz0193.pdf

Consumer is free not to buy gas stoves with gas cyliners; MRTPC directs IOCL to revise instructions to dealers;

mbuzz0192.pdf

Orders to inspect books of accounts of 263 companies issued between April, 2003 and Jan, 2009: Minister;

2009-TIOL-119-ITAT-MUM.pdf

ACIT, Mumbai Vs Mr Budhmal Maliram Bajoria (Dated: September 18, 2008)

Income tax - Satisfaction as required u/s 158BD is to be recorded by AO before the completion of block assessment of the searched person and it cannot be recorded after completion of assessment u/s 158BC. After passing the block assessment order in case of searched person, the AO does not remain the AO of the searched person and therefore, the satisfaction recorded after completion of assessment u/s 158BC is not a satisfaction in accordance with the provisions of section 158BD.:MUMBAI ITAT;

2009-TIOL-118-ITAT-BANG.pdf

National Law School Of India University Vs DIT , Bangalore (Dated: September 26, 2008)

Income tax - Asseesee is a registered Law School – Application for registration u/s 12A - Revenue grants registration with effect from 01.04.05 but Assessee subsequent application for change of date of registration from 01.04.05 to 01.04.99 was rejected as there was no reasons for condonation of delay - Held, delay should be condoned as application was made bona fide and condition of sec 10(23c)(iii ab) was also fulfilled - Assessee's appeal allowed :BANGALORE ITAT;

SERVICE TAX SECTION

2009-TIOL-312-CESTAT-DEL.pdf

Noida Texi Service Vs CCE, Noida (Dated: January 20, 2009)

ST - Rent-a-Cab Service - Assessee provides service only on demand and charges on per km basis - since these evidences were not produced before the Revenue the matter is remanded :DELHI CESTAT;

2009-TIOL-311-CESTAT-DEL.pdf

CCE, Jalandhar Vs M/s Garage Tools Corporation (Dated: December 31, 2008)

ST - Business Auxiliary Service - assessee sells Sim Cards on behalf of cellular operator - claims exemption as commission agent - demand raised - Commissioner (A) sets aside the demand by considering it as sale of goods - held, since the cellular operator has been paying service tax on activation charges, it is sale of Sim cards by the assessee to buyers and the same is not covered under service tax - Revenue's appeal dismissed:DELHI CESTAT;

CENTRAL EXCISE SECTION

2009-TIOL-315-CESTAT-MAD.pdf + input story.pdf

M/s Sundaram Textiles Ltd Vs CCE, Madurai (Dated: November 25, 2008)

Central Excise – reversal of credit on inputs lying in stock, inputs in process and inputs contained in the finished goods lying in stock on finished goods becoming exempt – reversal of credit availed on finished goods received back under Rule 16 of the Central Excise Rules 2002 – the finished goods received back are not to be treated as inputs for the purpose of reversal of credit under CENVAT Credit rules 2004 – demand is set aside.:CHENNAI CESTAT;

2009-TIOL-314-CESTAT-MAD.pdf

CCE, Salem Vs M/s Singaravelar Mills (P) Ltd (Dated: November 21, 2008)

Central Excise – clandestine clearances – penalty under Section 11 AC – duty paid before adjudication – authorities functioning under the Act have no discretion to impose penalty under Section 11AC less than the duty demanded – equal penalty imposed by original authority restored. :CHENNAI CESTAT;

CUSTOMS SECTION

2009-TIOL-313-CESTAT-MAD.pdf

Square D Textiles & Export Ltd Vs CC, Chennai (Dated: November 19, 2008)

Customs – Export – DEEC Scheme – Authorised Port – The appellant has exported through a port which is not a specified port notified under the DEEC scheme - demands, confiscation and penalty are not sustainable as it is settled law that the condition that goods are allowed to be imported only through specified ports is arbitrary, discriminatory and violative of Article 14, 19 (1) (g), 18 & 34 of the Constitution of India and ultra vires of Section 3 of the Import and Export (Control) Act, 1947. ( Para 2) :CHENNAI CESTAT;