Tax haven issue: SC to hear PIL filed by Jethmalani tomorrow;

World Press Freedom Day: PM urges all to respect freedom of journalists;

India finally receives names of Indians keeping black money in Liechtenstein tax haven, Govt tells SC;

President to write to all Governors as Chancellors to sensitise students against ragging;

SC says a man cannot escape criminal prosecution by merely saying woman not being legally-wedded wife;

Global economic crisis: Developing countries must contribute to solutions: UN;

India, Korea sign Customs Cooperation Agreement; agree to launch pilot project on Data Exchange;

Swine flu: All airports in India to screen pax coming from affected countries from tomorrow;

TIOL COMMENTARY

tax haven affidavit.pdf

India finally receives names of Indians keeping black money in Liechtenstein tax haven, Govt tells SC;

ice cubes.pdf

Make Cost Audit bedrock of economic efficiency;

swine story.pdf

UN indicates swelling number of H1N1 infections; India gears up for fight-fighting;

MIXED BUZZ

mbuzz0442.pdf

Swine flu: Preparedness must to prevent spread of killer disease;

mbuzz0441.pdf

H1N1 pandemic - Demand for ban on trade in pork products: WTO says not evidence to corroborate so;

mbuzz0440.pdf

Merchandise trade for G-7 drops in last quarter;

2009-TIOL-216-HC-MAD-IT.pdf

CIT, Madurai Vs M/s Ramco Industries Ltd (Dated: April 16, 2009)

Income tax - Sec 37(4) - Assessee claims deduction of expenditure incurred on maintenance of guest house - held, issue is already settled against the assessee by Apex Court in Britannia Industries case

Sec 80HHC - held, excise duty and sales tax not to be included in total turnover for computing benefits u/s 80HHC: MADRAS HIGH COURT;

2009-TIOL-264-ITAT-MUM.pdf

ACIT, Mumbai Vs M/s Elation Investments Ltd (Dated: December 19, 2009)

Income Tax - Sec 14A - Assessee is engaged in the business of investments in shares and securities - makes losses - return filed and the same was accepted u/s 143(1)(a) - Sec 147 invoked - disallowance u/s 14A made - additions also made for commission income declared as business income - CIT(A) sets aside the reassessment proceedings - held, so far as disallowance u/s 14 is concerned, CIT(A) setting aside the same is sustainable but for the commission income it is not as the correct head for the same is 'income from other sources' as decided by the AO - Revenue's appeal partly allowed: MUMBAI ITAT;

SERVICE TAX SECTION

2009-TIOL-698-CESTAT-AHM.pdf

Mr Nirav Industries Vs Commissioner of Customs, Excise & ST, Rajkot (Dated: March 27, 2009)

Service tax - In view of contradictory decisions on liability to pay service tax by consignment agent as C & F agent prior to LB judgment in Medpro Pharma [2006-TIOL-848-CESTAT-DEL-LB] bonafide belief of assessee cannot be faulted for suppression or mis-statement – Demand invoking extended period set aside - Matter remanded for re-quantification of tax and penalty under s. 78 set aside: AHMEDABAD CESTAT;

2009-TIOL-697-CESTAT-BANG.pdf

M/s Stanzen Toyotetsu India Private Limited Vs CCE, Bangalore (Dated: December 31, 2009)

Service tax - Services for canteen, transportation and group health insurance for employees are input services - Cost incurred forming part of cost of production as per CAS-4 - Tax paid thereon available as credit - Impugned orders set aside:BANGALORE CESTAT;

CENTRAL EXCISE SECTION

2009-TIOL-215-HC-DEL-CX.pdf + Kandhari Radio Story.pdf

CCE Vs M/s Kandhari Radio (Dated: April 22, 2009)

Central Excise -Appeal - High Court cannot condone delay - Revenue Appeal dismissed: In view of the categorical and unequivocal observations with regard to the law on condonation of delay in filing appeals which permeates through the decision in Singh Enterprises, Punjab Fibres Ltd . as well as Hongo India (P) Ltd ., constrained to dismiss the Appeal as it has been filed beyond the prescribed period of 180 days.:DELHI HIGH COURT;

2009-TIOL-696-CESTAT-BANG.pdf

CCE, Chandigarh Vs M/s Raja Forgings & Gears Ltd (Dated: February 18, 2009)

Central Excise - Classification of gears, shafts which are parts of Harvester Combine held as classifiable under sub heading 8483.90 whereas Revenue sought classification under 8433.00 in their appeal though original authority classified them under 8483.90 - Application for ROM by assessee on the ground that new Tariff itself classified parts of Harvester Combine under 843300 and that Revenue cannot take two contradictory stand – Held, remedy of appeal, review are creature of statute and ROM being empowered under s. 35(2) cannot be on a higher pedestal - Tribunal's power of review cannot be used a tool by disgruntled assessees to prolong proceedings - Power of ROM to be exercised with due care and circumscription: BANGALORE CESTAT;

2009-TIOL-696-CESTAT-BANG.pdf

Rollwell Conveyor Components Pvt Ltd Vs CC & CCE, Gantur (Dated: December 29, 2009)

Central Excise - Non-accountal of raw materials/finished goods liable for confiscation and penal action - In view of prevailing circumstances, redemption fine and penalties reduced - Equivalent penalty set aside:BANGALORE CESTAT;

CUSTOMS SECTION

2009-TIOL-700-CESTAT-DEL.pdf + R K International Delhi story.pdf

CC, New Delhi Vs M/s R K International (Dated: February 27, 2009)

Customs – Recovery of duty without proposing a demand in SCN issued under Ss. 124 & 125 not sustainable – Specific demand of duty required to be made in addition to proposal for confiscation, penalty & redemption fine in lieu of confiscation: DELHI CESTAT;

2009-TIOL-695-CESTAT-DEL.pdf

M/s Ashoosons Vs CC, New Delhi (Dated: November 21, 2009)

Customs - Assessment orders of bills of entry are appealable orders - Certified copies of orders not required for filing of appeals before Appellate Commissioner - Delays ranging from 11 months to more than 3 years not condonable by Commissioner (Appeals) - Appellate Commissioners findings to the extent of appellant's claim for certified copies of orders as a deliberate attempt to surmount limitation period set aside in view of specific directions of High Court :DELHI CESTAT;