Definitive anti-dumping duty on import of Cathode Ray Colour TV Tubes + steel and fibre glass tapes imposed;

Debar defaulting promoters from preferential allotments;

Left parties bag only 25; BSP gets 24; Laloo wins from Saran seat;

Ram Vilas Paswan loses from Hajipur; Shatrughan Sinha wins from Patna; Maneka Gandhi wins; Nitish Kumar sweeps Bihar;

BJP accepts peoples' verdict; hails victory of party in many States; Sonia to meet PM to discuss results;

Congress-led UPA almost sweeps this time; 'RG' factor works for Congress in UP; BJD wins in Orissa; Congress-Mamta trounces Left in West Bengal; Congress uproots Left in Kerala; BJP accepts defeat

P Chidambaram wins Shivganga seat;

BJP President Rajnath Singh elected from Ghaziabad;

TIOL COMMENTARY

icecube.pdf

Debar defaulting promoters from preferential allotments;

2009-TIOL-65-SC-MISC.pdf + justice story.pdf

Uma Nath Pande Vs State Of U P (Dated: March 16, 2009)

Natural justice is the essence of fair adjudication – Even God did not pass an order against Adam without enquiry - purpose of following the principles of natural justice is the prevention of miscarriage of justice: Natural justice is the essence of fair adjudication, deeply rooted in tradition and conscience, to be ranked as fundamental. The adherence to principles of natural justice as recognized by all civilized States is of supreme importance when a quasi-judicial body embarks on determining disputes between the parties, or any administrative action involving civil consequences is in issue. These principles are well settled.:SUPREME COURT;

MIXED BUZZ

mbuzz0484.pdf

Swine flu infections cross 6500-mark in 33 countries;

mbuzz0483.pdf

World is close to safer standards on chemical use: UN;

mbuzz0482.pdf

Govts need to do more for vulnerable amid growing unemployment: OECD;

2009-TIOL-301-ITAT-BANG.pdf

M/s Sea Roc Investments Ltd Vs JCIT, Mangalore (Dated: January 16, 2009)

Income Tax - Capital gains - High Court remands matter to the Tribunal to decide on the argument of the Assessee that capital gain is not chargeable since no consideration has been paid on such transfers and that there is  no proper determination by the AO on the cost of acquisition of the shares - Held, directions from the  jurisdictional High Court has not been considered by the learned CIT(A) - Matter remanded to CIT(A) to consider the issue:BANGALORE ITAT;

2009-TIOL-300-ITAT-BANG.pdf

ITO, Shimoga Vs M/s H E Distillery Pvt Ltd (Dated: January 30, 2009)

Income Tax - AO imposes penalty u/s 158-BFA - Assessee claims non-issuance of notice - CIT (A) cancels the penalty - Held, Issuance of notice is mandatory and in the absence of issuance of pre-requisite notice, the entire penalty proceedings are illegal and without jurisdiction. CIT(A) order affirmed. Revenue Appeal dismissed.:BANGALORE ITAT;

SERVICE TAX SECTION

2009-TIOL-766-CESTAT-AHM.pdf

CCE, Rajkot Vs M/s J M Baxi & Co (Dated: April 24, 2009)

ST - Sec 35F - Assessee claims refund of deposits made after success in appeal - unjust enrichment - held, issue is no longer res integra as no unjust enrichment can be alleged as refund is to be made to the assessee after he succeeds in appeal :AHMEDABAD CESTAT;

CENTRAL EXCISE SECTION

2009-TIOL-768-CESTAT-MUM.pdf

CCE, Mumbai-V Vs National Leather Cloth Mfg Co (Dated: January 13, 2009)

Show cause notice issued on 27.12.2000 proposing recovery of wrongly availed modvat credit in terms of the provisions of law viz. rule 57I which had become non est cannot be held to be a valid notice – Tribunal decision in Dow Chemical International Pvt. Ltd. [2008-TIOL-834-CESTAT-Mum] followed.:MUMBAI CESTAT;

2009-TIOL-767-CESTAT-MAD.pdf

CCE, Tirunelveli Vs M/s Jaison Garments (Dated: February 4, 2009)

Central Excise – CENVAT – Credit on inputs, inputs in process, and inputs relatable to final products when final product exempted subsequently - There are no provisions in the statute to recover any amount of CENVAT credit availed or utilized in accordance with relevant provisions. Input credit legally taken and utilized on the dutiable final products, need not be reversed on the final products becoming exempt subsequently. In the result, demands for recovery of CENVAT credit relatable inputs and work-in-progress and final products in stock are not sustainable. ( Para 4):CHENNAI CESTAT;

CUSTOMS SECTION

NOTIFICATION

ctariff09_050.pdf

Definitive anti-dumping duty on import of Cathode Ray Colour TV Tubes imposed;

ctariff09_049.pdf

Definitive anti-dumping duty on import of steel and fibre glass tapes imposed;

CASE LAWS

2009-TIOL-769-CESTAT-DEL-LB.pdf + LB story.pdf

DCM Shriram Consolidated Ltd Vs UoI (Dated: April 16, 2009)

Revenue's apathy in rendering assistance to Tribunal, unfortunate: it is necessary to express our displeasure for failure on the part of the respondent No. 1 to appeal before the Tribunal and to assist the Tribunal in the matter. It is most unfortunate that the Department which is concerned with the revenue matters has shown a total apathy for rendering the necessary assistance to this Tribunal. We hope and trust that henceforth proper steps would be taken to give adequate assistance in all those matters :MUMBAI CESTAT LARGER BENCH;