TIOL wishes all Netizens a very Happy Diwali!

CBEC offers Diwali gift to 87 Central Excise Superintendents + 15 Customs Supdt (Preventive) by promoting them as Asst Commissioner; Orders issued on in-situ basis ;

ACC gives nod to re-employment of Dr Christy L Fernandez, IAS (GJ-73) as Secretary to President of India; His tenure to be co-terminus with tenure of President;

ACC approves appointment of Anil Kumar (IAS- 73) as Secretary, Parliamentary Affairs + Mr V K Bhasin (ILS) as Secretary, Legislative Department;

CBEC revises tariff value of poppy seeds + brass scraps;

Deora launches Rajiv Gandhi Gramin LPG Vitrak Scheme;

Interpol issues first ever passports for staff of National Centreal Bureaus;

CBEC issues transfer order of 11 AC/DCs ;

TIOL COMMENTARY

stgst.pdf

Service Tax: Poor power needs Diwali Gift!

aac appointments.pdf

ACC approves appointment of Anil Kumar (IAS- 73) as Secretary, Parliamentary Affairs + Mr V K Bhasin (ILS) as Secretary, Legislative Department;

MIXED BUZZ

mbuzz0938.pdf

Interpol issues first ever passports for staff of National Centreal Bureaus ;

mbuzz0937.pdf

Deora launches Rajiv Gandhi Gramin LPG Vitrak Scheme ;

2009-TIOL-556-HC-MAD-IT.pdf

Income tax - Sec 80IB - Assessee is in the business of construction of flats - undertakes construction of four projects - completes two of them - some of the flats are less than 1500 sq in size - assessee claims deduction u/s 80IB(10) - AO disallows - CIT(A) allows the appeal but the Tribunal goes with the AO - Assessee files a miscellaneous application for rectifying 'mistake apparent' by not taking into account the decision of the coordinate bench in Kolkata and also the HC decision - Tribunal dismisses the petition - held, the writ petition filed by the assessee is maintainable for the lack of alternative remedy. An appeal u/s 260A can be opted for only against an order passed by the Tribunal u/s 254(1) and not against the one passed u/s 254(2). Although it is correct that the Tribunal fails to refer to the co-ordiante bench decision but the same has, in substance, been discussed in detail. The assessee had a right to appeal but the application for rectification was misconceived. Non-consideration of a decision of a HC of different jurisdiction is certainly not an 'error apparent' u/s 254(2) - Assessee's writ dismissed :MADRAS HIGH COURT ;

Order 217 of 2009.pdf

CBEC promotes 87 Central Excise Superintendents + 15 Customs Supdt (P) to AC-level on in-situ basis;

Order 215 of 2009.pdf

CBEC issues transfer order of 11 AC/DCs ;

SERVICE TAX SECTION

M/s ECOF Industries Pvt Ltd Malur Vs CCE, Bangalore (Dated: June 15, 2009)

Service tax – Distribution of credit by ISD barred only in two instances as per Board's Circular 97/2007-ST dated 23.08.2007, not applicable in cases where credit is distributed to units manufacturing dutiable and exempted goods – Prima facie case for full waiver of pre-deposit :BANGALORE CESTAT;

CENTRAL EXCISE SECTION

2009-TIOL-05-ARA-CX.pdf + guthy story.pdf

M/s Guthy Renker Marketing Private Limited (Dated : September 18, 2009)

Advance Ruling - Activity of putting the individual products into kits, packaging and labelling of the kits amount to manufacture; It follows that the applicant will be eligible to take credit of the additional duties of customs: Since the activity of putting the individual products into kits, packaging and labeling of the kits has been held to amount to manufacture, the process of preparation of such kits is excisable and the kits are liable to excise duty under Section 3 of the Central Excise Act, 1944. It follows therefrom that the applicant will be eligible to take credit of the additional duties of customs paid on the imported inputs and capital goods, excise duty paid on the indigenous inputs and capital goods and service tax paid on input services as permissible in terms of the Cenvat Credit Rules, 2004. Further, the said credit can be utilized for payment of excise duty on the final products namely Proactiv Solution Kit-I or Proactiv Solution Kit-II.:ADVANCE RULING;

CUSTOMS SECTION

NOTIFICATION

cnt09_156.pdf

CBEC revises tariff value of poppy seeds + brass scraps;

ctariff09_117.pdf

Anti-dumping duty on import of Propylene Glycol extended upto July 7, 2010;

CASE LAWS

2009-TIOL-114-SC-NDPS.pdf + ndps story.pdf

State Of Punjab Vs Leela (Dated: April 23, 2009)

NDPS – Conviction cannot be quashed just by doubting the evidence of the official witnesses. The elementary question is whether the evidence of official witness suffers from any infirmity. In the instant case there is no finding in that regard. Coming to the plea of the respondent accused that the seals were found smudged, it is to be noted that the trial Court has noticed this aspect and held that they were produced before the Court after one year and by the time of production there is likelihood the seal getting protection or get smudged.:SUPREME COURT;