Taxindiaonline.com - Daily Mail Update
 
2009-TIOL-NEWS-258
Saturday, October 31, 2009
 
News Flash

Income Tax raids 60 premises of multiple politicians of Jharkhand in Delhi, Mumbai, Kolkata, Bihar and Jharkhand; 400 I-T officials on job;

Rs 1011 Crore sanctioned for project on Immigration, Visa & Foreigners Registration & Tracking - Decision soon on recruiting more IPS officers: Home Minister;

Foreign nationals' employment in India: Deadline for return home comes to an end today;

Competent Authority (SAFEMA) looking for JC-level deputationist at Delhi ;

Dormant bank accounts: RBI issues vital clarification;

CJI to inaugurate All India Conference of CAT tomorrow ;

GST roll-out: FM says there may be some slippage in meeting deadline;

     
 

Dear Member,

Sending the following files:

 
     
Common Basket

TIOL COMMENTARY

icecube.pdf

Don't just burn gas as fuel for power & steam;

immigration story.pdf

Rs 1011 Crore sanctioned for project on Immigration, Visa & Foreigners Registration & Tracking - Decision soon on recruiting more IPS officers: Home Minister;

Sivakumar.pdf

Foreign nationals- employment in India: Deadline for return home comes to an end today;

RBI NOTIFICATION

RBI Notification for Inoperative Accounts.pdf

DEPUTATION POST

Vacancy_SAFEMA.pdf

Competent Authority (SAFEMA) looking for JC-level deputationist at Delhi ;

MIXED BUZZ

mbuzz0984.pdf

CJI to inaugurate All India Conference of CAT tomorrow;

mbuzz0983.pdf

Dormant bank accounts: RBI issues vital clarification;

 
Direct Tax Basket

2009-TIOL-675-ITAT-DEL.pdf

DCIT, New Delhi Vs M/s Silicon Graphics Systems (I) Ltd (Dated: May 28, 2009)

Income tax - Sec 43B - Assessee claims deduction for Customs duty paid under protest - AO disallows it by treating it to be in the nature of contingent liability - held, issue is already settled by the Special Bench decision in the case of Glin Smith Consumer Healthcare where it is held that for claiming deduction u/s 43 B in respect of payment of excise duty, it is not necessary that liability to pay duty must be incurred first and only thereafter the payment of such duty is made. The deduction is allowable u/s 43B of the Act on payment basis before incurring the liability to pay such amounts. Like excise duty payment, all customs duty are also to be of allowable deduction. Revenue's appeal dismissed:DELHI ITAT;

2009-TIOL-674-ITAT-BANG.pdf

Shri N Gowrishankar Vs DCIT, Bangalore (Dated: May 8, 2009)

Income Tax - Assessee receives payment for consulting services from domestic company - makes part payment to non-resident for rendering input service - AO disallows deduction for lack of papers authenticating the transaction - CIT(A) agrees with the AO - Held, the claim of expenditure on account of consultancy services availed from the non-resident company has no relevance to consultancy services provided by the assessee to Indian Company - Assessee's appeal dismissed. :BANGALORE ITAT;

 
Indirect Tax Basket

SERVICE TAX SECTION

2009-TIOL-1757-CESTAT-DEL.pdf

CCE, Indore Vs M/s Vikram Cement (Dated: May 12, 2009)

Central Excise – CENVAT Credit on input services used outside the factory premises - The Commissioner (Appeals) rightly held that there is no provision that the services received outside the factory would not make eligibility for the credit. If the impugned service is in or in relation to the manufacture of final product, credit is admissible – Rule 2(l) of the CENVAT Credit rules 2004.:DELHI CESTAT;

2009-TIOL-1756-CESTAT-MAD.pdf

M/s Suja Rubber Industries Pvt Ltd Vs CCE, Pondicherry (Dated: June 19, 2009)

Service Tax – CENVAT Credit – service tax paid on GTA service for outward transportation is eligible for credit.:CHENNAI CESTAT;

 

CENTRAL EXCISE SECTION

2009-TIOL-1759-CESTAT-MAD.pdf

M/s Praveen Foundry Pvt Ltd Vs CCE, Coimbatore (Dated: June 19, 2009)

Central Excise – penalty – default in payment of monthly duty liability under Rule 8 – the appellant paid the duty with interest – no case for penalty under Rule 25 of the Central Excise Rules, 2002 – Maximum penalty of Rs 5,000/- could only be imposed under Rule 27. :CHENNAI CESTAT;

2009-TIOL-1758-CESTAT-MUM.pdf

CCE, Pune-II Vs M/s Three M Paper Manufacturing Co Pvt Ltd (Dated: September 17, 2009)

Waste paper is an input - Scrap of iron strips, pin clips etc. used for bundling paper waste cleared without payment of duty – duty paid at department's behest – no cause for payment of any duty in view of SC judgment in West Coast Paper Mills [2003-TIOL-03-SC-CX] and Board's Circular 721/37/2003-CX dated 6.6.2003 – Refund cannot be denied citing unjust enrichment – Tribunal decision in GE BE Pvt. Ltd. [2008-TIOL-2685-CESTAT-BANG] relied upon – Revenue appeal rejected.:MUMBAI CESTAT;

 

 

CUSTOMS SECTION

2009-TIOL-1760-CESTAT-MAD.pdf

Selvakumaran Offset Printers Vs CC, Trichy (Dated: July 15, 2009)

Customs – second hand printing machinery imported without licence – confiscation, fine and penalty under Section 125 – option to redeem the goods should have been given to the purchaser of the good, not to the importer – But importer is still liable to penalty.:CHENNAI CESTAT;

     
 

Regards
Customercare Executive

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