International operation combats online supply of counterfeit and illegal medicines WHO estimates 32 mn diabetics in India; Govt says exact number not known;

CBEC issues transfer order of four Commissioners;

Many steps towards education reforms taken: Govt;

Mobile Number Portability: TRAI fixes Rs 19 as tariff for switchover;

MoF terminates services of CESTAT Member (Judicial) P K Das;

TIOL COMMENTARY

interpol story.pdf

International operation combats online supply of counterfeit and illegal medicines;

MIXED BUZZ

mbuzz1047.pdf

WHO estimates 32 mn diabetics in India; Govt says exact number not known;

mbuzz1046.pdf

Many steps towards education reforms taken: Govt;

mbuzz1045.pdf

CBI nabs Railway doctor accepting bribe;

mbuzz1044.pdf

Mobile Number Portability: TRAI fixes Rs 19 as tariff for switchover;

2009-TIOL-27-ARA-IT.pdf + jodhpur vidyut story.pdf

Jodhpur Vidyut Vitran Nigam Limited (Dated: November 20, 2009)

Income tax – State Owned Power distribution Company - additions made to the book profit on account of depreciation and prior period expenses unsustainable, but AO to redo the assessment

Whether the amount of interest paid to RRVPN Rs. 1168841/- on the amount of FDR loan raised by RRVPN from financial institutions on behalf of Assessee Company is allowable to the assessee company. Though the deduction claimed deserves to be allowed under section 36(1 )( iii) of the Act, on the basis of the case set up by the applicant with supporting documents, it is just and proper to leave it to the assessing officer to redo the assessment on this item in the light of material which has been placed before this Authority for the first time. The question is answered in affirmative subject to the verification of factual details.

Whether the amount debited under the head “prior period expenses” can be added back for the purpose of book profit u/s 115JB . Prima facie , it appears that the applicant is entitled to relief and the addition of this amount to the book profit cannot be sustained, if the factual position as stated by the applicant is correct. The assessing authority should re-examine the claim in the light of the materials placed for the first time before this Authority and in the light of observations made herein.

Whether the application of MAT provision under section 115JB is justified; whether the depreciation which is nowhere debited in the books of accounts but arrived at during assessment proceedings by the A.O. can be added back for the purpose of book profit under section 115JB ? : The AAR is of the considered view that the submission made by the applicant's counsel in this regard has considerable force. However, this contention as well as the other points have been raised for the first time before this Authority, that too subsequent to the filing of the application. Hence, they were not dealt with specifically by the AO and appellate authority. In these circumstances, the AAR being of the opinion that the submissions of the applicant deserve proper consideration and the A.O as well as the appellate authority have not considered all the relevant aspects adverted to above; it is felt just and proper to declare the additions made to the book profit on account of depreciation and prior period expenses as unsustainable while leaving it open to the assessing authority to re-do the assessment in the light of the material points discussed above and the observations made herein, after giving due opportunity to the applicant.: ADVANCE RULING;

2009-TIOL-721-ITAT-DEL.pdf

Ajanta Raj Proteins Ltd Vs DCIT, New Delhi (Dated: June 30, 2009)

Income Tax - Section 145A - Assessee  is a limited company, engaged in the business of manufacturing of condensed milk, ghee and butter - AO observes the assessee has not complied with the requirement of Sec 145A as it has valued opening stocks at cost but closing stocks at net realisable value and disallows losses - CIT(A) confirms the order - Held, the AO as well as the CIT(A) have correctly disallowed the resultant loss, which was mainly on the basis of change in the method of valuation of the inventories. The provisions of section 145A disable the assessee from frequently changing the method of valuation of the stocks.
: DELHI ITAT;

Office Order NO 242.pdf

CBEC issues transfer order of four Commissioners;

Ministry of Finance.pdf

Filling up of the post of Deputy Commissioner (Customs) in Cochin Special Economic Zone, on deputation basis -reg.

SERVICE TAX SECTION

2009-TIOL-1904-CESTAT-BANG.pdf

CCE, Hyderabad Vs M/s TFL Quinn India P Ltd (Dated : September 11, 2009)

Service Tax - Scientific and Technical Consultancy Services – Import of service – taxable only from 18.04.2006 - Indian National Ship Owners Association ) [ 2008-TIOL-663-HC-MUM-ST ] – followed: In the instant case the appellants sent their employees outside India for training purpose. As the service was actually rendered outside India, as per the Hon'ble High Court's decision cited above the appellants are liable to pay service tax from 18.04.2006. The appellants stated that they are discharging their liability of service tax from that date. Hence the demand for the period prior to 18.4.2006 is set aside. It can be seen from the above finding that the Commissioner (Appeals) has correctly followed the judgment rendered by the Hon'ble High Court of Mumbai in the case of Indian National Ship Owners Association. We do not find any merit in the appeal filed by the Revenue and the same is rejected. The stay petition and the appeal are disposed of accordingly.: BANGALORE CESTAT;

2009-TIOL-1903-CESTAT-MUM.pdf

M/s Visaka Industries Ltd Vs CC & CCE, Nagpur (Dated : July 10, 2009)

Cenvat credit in respect of outward goods transport services –lower authorities denied credit based on their own interpretation of rule 2(1) of CCR, 2004 and on the basis of definition of ‘place of removal' given in section 4(3)(c) of the CEA, 1944 – Interpretation given in Board's Circular dated 23.08.2007 and the HC decision in Ambuja Cement Ltd. Vs UOI [ 2009-TIOL-110-HC-P&H-ST ] is determinative – ‘place of removal' misconstrued and misunderstood by lower authorities – Matter remanded for fresh decision. : MUMBAI CESTAT;

CENTRAL EXCISE SECTION

2009-TIOL-1906-CESTAT-MAD.pdf

Kali Steel And Engineering Indus (P) Ltd Vs CCE, Trichy (Dated : July 30, 2009)

Central Excise – valuation – quantity discount – 5 litre pressure cooker given free on purchase of 11 pieces of pressure cooker – discount admissible – order of Commissioner (Appeals) set aside. : CHENNAI CESTAT;

2009-TIOL-1905-CESTAT-KOL.pdf

M/s Kamakhya Cosmetics & Pharmaceuticals Pvt Ltd Vs CCE, Guwahati (Dated : March 3, 2009)

Central Excise – Notification 32/99-CE has no provision for refund of education cess paid through PLA – No infirmity in impugned order rejecting refund claim: KOLKATA CESTAT;

CUSTOMS SECTION

2009-TIOL-1902-CESTAT-MUM.pdf

Nichrome India Ltd Vs CC, Nhava Sheva (Dated : July 30, 2009)

from proper officer – Commission of breach of Section 40 & Section 51 of the Customs Act - export of goods without L.E.O liable to confiscation under Section 113(g) – Actual confiscation of goods is not necessary for penalty u/s 114 of Customs Act, 1962 – a mere liability of the goods to confiscation is enough.

Penalty imposed on exporter and CHA is only 10% of the FOB value of the goods as against the provision under Section 114(iii) for penalty upto value of the goods - Appeal of exporter partly allowed by setting aside redemption fine in terms of Raja Impex (P) Ltd . [ 2008-TIOL-280-HC-P&H-Cus ] and Shiv Kripa Ispat P. Ltd. [ 2009-TIOL-388-CESTAT-Mum-LB ]

Penalty rightly imposed on CHA – CHA's have inescapable responsibilities in relation to export consignments - Appeal dismissed.:MUMBAI CESTAT;