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Women Reservation Bill: SP, RJD create din in Lok Sabha; withdraw support to UPA Govt; CBDT seeks applications for OSD (FIPB) in FT& TR division; ST on Construction of Complex services becomes more 'complex' after Budget; Muster political will for credible fiscal reforms ; Master Plan for Naval Aviation: Russia supplies aircraft; Energy drinks covered under PFA Act: Minister; |
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| Dear Member, Sending the following files: |
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TIOL COMMENTARY India's Debt Position - 300 Crores due from Pakistan for more than 60 years; Muster political will for credible fiscal reforms; ST on Construction of Complex services becomes more 'complex' after Budget; MIXED BUZZ Master Plan for Naval Aviation: Russia supplies aircraft; Energy drinks covered under PFA Act: Minister; |
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2010-TIOL-110-ITAT-DEL.pdf + pride story.pdf Pride Foramer Vs ACIT, Dehradun (Dated: October 30, 2009) Income Tax - Sections 163, 10(6)(viii), 234B, 9(1)(ii), 44BB, 5(2)(b), Indo-French DTAA - Art 16 :DELHI ITAT; Paramjit Singh Vs ITO, Phagwara (Dated : February 10, 2010) Income tax - unexplained investments - Assessee gets ancestral land registered in his name through sale deed - submits affidavits from his uncles stating that since the assessee's father helped them long back and the fact that they are now settled in the UK, they have not received any consideration for the said share in the lands - AO disagrees but CIT(A) prefers to go by the contents of the affidavits filed by his uncles and deletes the additions - Tribunal disagrees with the CIT(A) - held, the fact that the assessee and his uncles have not opted for the gift deed and decided to take the registry of sale deed, the sum mentioned for the purpose of stamp duty is to be treated as undisclosed investment - Assessee's appeal dismissed:PUNJAB AND HARYANA HIGH COURT; P P C Business & Products Pvt Ltd Vs CCIT (Dated : February 11, 2010) Income tax - Writ- Sec 234A, 234B & 234C - Assessee seeks waiver of interest on the ground that the CBI had raided its premises and also seizued its books of account which prevented it from paying advance tax and filing return - held, in view of the fact that the assessee managed to file tax audit report it could not have been possible without providing the necessary documents to independent auditor - then the CBI raid was conducted much later and also the assessee fails to provide the panchnama copy to the Revenue - Assessee's writ dismissed:DELHI HIGH COURT; CIT, New Delhi Vs P C Jain (Dated : February 16, 2010) Income tax - Sec 132(1) - issue of warrant of authorisation - Tribunal rules against the Revenue on the ground that the Addl Director is not authorised to issue the warrant of authorisation - Held, in view of the amendment in Sec 132(1) vide Finance (No 2) Act, 2009 with retrospective effect from June 1st, 1994, the matter is remanded to the Tribunal for reconsideration:DELHI HIGH COURT; M/s M Kantilal Exports Vs ACIT (Dated : February 23, 2010) Income tax - Sec 69C - Assessee is a partnership firm - engated in import of rough diamonds and export of polished diamonds - AO finds excess diamonds in stock register and makes additions u/s 69C - CIT(A) finds that there was a typographical error in typing the actual quantity of stocks and an affidavit was filed by the auditor to make correction in this regard - deletes the additions but Tribunal reverses the CIT(A) order - held, the Tribunal's order is not sustainable as there are two affidavits from the typist and the auditor that there were typo errors - there is no other evidence to establish that the assessee had incurred expenditure outside the book to procure extra stocks - Assessee's appeal allowed:GUJARAT HIGH COURT; |
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DEPUTATION POST Filling up the post of OSD(FIPB) in FT&TR division in CBDT;
NOTIFICATION Corrigendum Notification No. 17/2010-Service Tax, dated the 27th February CASE LAWS 2010-TIOL-366-CESTAT-MUM.pdf + chate story.pdf Chate Coaching Classes Pvt Ltd Vs CCE & CC, Aurangabad (Dated: February 15, 2010) Service Tax – Commercial Training and Coaching Service – Demand for period prior to insertion of Explanation in Service Tax Rules, 1994 regarding value of taxable service received prior to providing taxable service – prima facie case in favour but for later period post October 2004 appellant ordered to make pre-deposit:MUMBAI CESTAT; M/s Hammatsu Pipe Co Ltd Vs CST, New Delhi (Dated: January 4, 2010) Service tax - Consulting engineering service - Assessee pays royalty and licence fee for transfer of technical knowhow from non-resident company - held, since it is not very clear how the service was rendered and also the fact that the first appellate authority did not call for pre-deposit, waiver from pre-deposited granted:DELHI CESTAT; M/s Anand Agencies Vs CCE (Service Tax), Coimbatore (Dated: October 9, 2009) Service Tax – Penalty – Sections 76 and 78 are mutually exclusive – Penalty under Section 76 set aside:CHENNAI CESTAT;
CENTRAL EXCISE SECTION 2010-TIOL-363-CESTAT-MUM.pdf + ram story.pdf Ram Remedies Pvt Ltd Vs CCE, Nashik (Dated: January 20, 2010) When the tariff heading clearly provides the characteristics of the products and its end use, it was the duty of the departmental officers to draw samples and get the same tested - officers having failed to do this over a period of three years demand hit by limitation:MUMBAI CESTAT; M/s Kavita Brass Industries Vs CCE, Rajkot (Dated: October 23, 2009) Central Excise - SSI Exemption - Clubbing of clearances - Trading activity - Non-existence of the second unit established by the Revenue. Panchanama drawn and statements recorded not refuted by the appellants. Clubbing of clearances upheld. The plea of trading in the same goods manufactured by the appellants need to be re-examined. Matter remanded to examine the documents produced by the appellants in support of their trading activity. (Para 4 & 5): AHMEDABAD CESTAT; M/s Rajasthan Spinning & Weaving Mills Ltd Vs CCE, Jaipur-II (Dated: December 29, 2009) Central Excise - Provisional Assessment - Differential Duty - Method of finalisation - Finalisation of provisional assessment has to be done month wise and not invoice-wise as actual payment of duty is relatable to ER 1 filed month-wise or other similar returns. (Para 7):DELHI CESTAT;
CUSTOMS SECTION Global Ventures Vs CC, Tuticorin (Dated: December 17, 2009) Customs - refund - unjust enrichment - the appellant filed a Chartered Accountant Certificate, certifying that they have not passed on the burden of duty to the customers and also the Balance Sheet shows that the amount is receivable from revenue - refund is not hit by unjust enrichment.:CHENNAI CESTAT; |
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