CBEC through with first round of Placement Committee meeting over Commissioners' AGT list;

Restriction on import of Hot Rolled Coils-Importers need not pay for DGFT's Confusion (See 'DDT')

Import of sensitive items leapfrogs by 30.5%;

Rupee Export Credit Interest Rates - RBI notifies new rates till Oct 31, 2009;

CBEC notifies Customs exchange rates for May, 2009;

CBI got as many as 83 Red Corner Notices cancelled last year;

Swine flu: UN raises alert to Phase V; India enhances surveillance at all airports

Core Sector growth stages a comeback with 2.7% in March;

CBDT transfers Ms Hardeep Srivastava as CCIT-XII, Mumbai;

TIOL COMMENTARY

ddt 30 April.pdf

Issue of installation certificate for the capital goods imported/procured locally under EPCG scheme – DGFT Trade Notice!

cobweb.pdf

Teasing wisdom of voters with the 'Q' factor may not help! Let's not make more dents into CBI's morale!

RBI NOTIFICATION

rbi_notification

Rupee Export Credit Interest Rates - RBI notifies new rates till Oct 31, 2009;

MIXED BUZZ

mbuzz0435.pdf

Import of sensitive items leapfrogs by 30.5% ;

mbuzz0434.pdf

CBI got as many as 83 Red Corner Notices cancelled last year;

mbuzz0433.pdf

Swine flu: UN raises alert to Phase V; India enhances surveillance at all airports;

mbuzz0432.pdf

Core Sector growth stages a comeback with 2.7% in March;

2009-TIOL-209-HC-DEL-IT.pdf

DIT, New Delhi Vs ITAT, New Delhi (Dated: April 20, 2009)

Income Tax Act – ITAT earlier vide order dt. March 03, 2009 in case of M/s New Skies Sattellite NV reported in 2009-TIOL-194-ITAT-DEL-SB allowed prayer for intervention by M/s Asia Satellite Telecommunication Co. Ltd – against said order department filed a writ in Delhi High Court – Prayers in Writ Petition were firstly for the quashing of the order dated March 03, 2009, and secondly, for a direction to the ITAT to dispose of pending application for remodulation of the questions framed by it for the decision of the Special Bench – Held, that copy of order dated March 03, 2009 was made available to parties on March 04, 2009. After giving one adjournment to the department, hearing was concluded on 26.3.2009, hence the first prayer has been rendered infructuous – Further held, that the second prayer made in writ is allowed and ITAT directed to adjudicate upon remodification of questions before judgement is delivered.: DELHI HIGH COURT;

2009-TIOL-208-HC-MAD-IT.pdf

CIT, Chennai Vs M/s Tagros Chemicals Of India Ltd (Dated: April 13, 2009)

Income tax - MAT credit - AO allows credit after levying interest under Ss 234B and 234C - held, the intention of the legislature is to give tax credit to tax and not to the tax and interest. Once the intention is clear, the Revenue cannot rely on the Form-I to say that the MAT credit under Section 115JAA should be given only after tax and interest - Revenue's appeal dismissed: MADRAS HIGH COURT;

2009-TIOL-207-HC-MAD-IT.pdf

CIT, Chennai Vs International Clearing And Shipping Agency (Dated: April 16, 2009)

Income tax - Assessee is engaged in the business of clearing and forwarding of goods - claims concessional tax rate by filing return in the capacity of a professional - Revenue disallows but Tribunal allows - held, the activities of clearing export and import goods and attending to their documentation is not based on intellectual attainment nor does it require specialised skills nor is it knowledge-based - it cannot be treated as profession - Revenue's appeal allowed: MADRAS HIGH COURT;

2009-TIOL-261-ITAT-DEL.pdf + ongc story.pdf

DCIT, Dehradun Vs Shri Ashok Kumar (Dated : March 6, 2009 )

Income tax - Sec 6(1)(c) - Assessee is an employee of Indian company - employer seconds him to a non-resident JV company - assessee stays for 98 days in India during the relevant FY and claims exemption to his income earned on deputation abroad - AO takes the view that the assessee is an employee of an Indian company and was seconded by its JV outside India and any income earned while on deputation with a non-resident company is not exempt - CIT(A) disagrees - held, since the assessee was in India for less than 180 days and the salary during the deputation period was paid by the non-resident company, such income is not taxable in India - Revenue's appeal dismissed: DELHI ITAT;

2009-TIOL-260-ITAT-BANG.pdf

M/s AXA Business Services Pvt Ltd Vs ACIT, Bangalore (Dated : March 6, 2009)

Income tax - Sec 10A benefits - Revenue treats the income of non-STPI unit as part of total turnover of STP unit - held, since it is already decided in the case of TCS Consultancy Services Ltd that the income of non-STPI unit cannot be included in the turnover of the STPI unit, Assessee's appeal is allowed: BANGALORE ITAT;

SERVICE TAX SECTION

2009-TIOL-689-CESTAT-MAD.pdf + auto coats story.pdf

M/s Auto Coats Vs CCE & ST, Coimbatore (Dated: April 6, 2009)

Service Tax – Production of goods FOR the client, not taxable prior to 16.06.2005:CHENNAI CESTAT;

2009-TIOL-688-CESTAT-DEL.pdf

M/s J R Organics Ltd Vs CCE, Allahabad (Dated: March 20, 2009)

ST - Cenvat credit - Assessee avails credit of tax paid to transportation - fails to produce certificate to the effect that transporters did not avail credit - demand with interest confirmed - penalty also imposed - assessee also fails to produce any certificate to audit party or appeal memo - held, since the assessee has given statements contrary to facts on record and not pleaded any hardship, pre-deposit of entire amount demanded is ordered:DELHI CESTAT;

CENTRAL EXCISE SECTION

2009-TIOL-687-CESTAT-AHM.pdf

M/s Jai Hanuman Dyeing & Printing Mills Pvt Ltd Vs CCE, Surat (Dated: March 23, 2009)

Central Excise – No discretion vested in authorities to reduce penalty under s. 11AC – Apex Court decision in Dharmendra Textile Processors 2008-TIOL-192-SC-CX-LB followed – No merits in assessees appeal to reduce penalty – Re-determination of AV by Commissioner (A) confirmed as Revenue has not proposed any alternative mechanism to be adopted for determining AV :AHMEDABAD CESTAT;

2009-TIOL-686-CESTAT-MAD.pdf

CCE, Madurai Vs Shri N Manikandan (Dated: March 3, 2009)

Central Excise – SSI Exemption – Value of clearances – Burden of Proof – Clandestine manufacture and clearances has to be established with proper evidence such as consumption of raw material, consumption of power, production capacity etc. In the instant case, respondent has established with reliable documents showing capacity of production and figures of consumption of power that the clandestine clearances found to have been made by it were not possible. Moreover, the original authority has not considered the submission by the respondent as regards the clearances under dummy invoices to several customers. The department could have verified the veracity of the claim by respondents as regards the inflated particulars of clearance under dummy invoices. Department has failed to establish clandestine clearances and hence appeal dismissed. (Para 5)

SSI Exemption – Dummy Units – Show cause notice – Co-noticee - The non issuance of Show Cause Notice to the dummy unit vitiated the entire proceedings. The respondent or its partners were not issued Show Cause Notice to explain as to why clearances attributed to it should not be clubbed with those of main unit. Proceedings void. (Para 6):CHENNAI CESTAT;

2009-TIOL-685-CESTAT-MUM.pdf

CCE, Pune-I Vs M/s Siddesh Engineers (Dated: January 13, 2009)

Appellant supplied raw materials and the goods manufactured by a job worker were sold by respondents to Kirloskar Oil Engine Ltd. under their own invoices – sale value included in respondents turnover for computing the SSI exemption under notification 1/93-CE - Since job worker has manufactured the excisable goods, the liability to pay duty is of the job worker – Tribunal decision in Sree Rayalaseema Dutch Kassenbouw Ltd is distinguishable as in the present case the goods were sent under notification 214/86-CE – Revenue appeal dismissed.:MUMBAI CESTAT;

CUSTOMS SECTION

NOTIFICATION

cnt09_044.pdf

Customs Exchange rates notified for May, 2009;

CASE LAWS

2009-TIOL-58-SC-CUS.pdf + cus story.pdf

CC, Trichirapalli Vs Competent Business Machines (Dated: March 03, 2009)

Customs – import of photocopiers - There is no material on record (except the information from the website pertaining to a different mode) to enhance the value. – The year of manufacture is not available. The year of comparable imports as alleged is not available. The website information is in respect of some other model of photocopying machines; no infirmity in the order passed by the Tribunal.: SUPREME COURT;

2009-TIOL-684-CESTAT-DEL.pdf

CCE, Indore Vs M/s NEO Sack Ltd (Dated: January 13, 2009)

Customs – When re-imported goods have already been exported demand of duty does not arise even if re-exported after stipulated period of 6 months but within one year – No infirmity in impugned order :AHMEDABAD CESTAT;