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SMS ARCHIVE - JULY 2010

Date
SMS
30-Jul-10 India concludes renegotiation of DTAA with Switzerland: FM tells LS
31-Jul-10 Rs 75500 Cr income tax arrears against MNCs - Rs 9748 Cr recovered last fiscal: MoS(R)
30-Jul-10
Income tax - Penalty u/s 271(1)(c) - Can penalty be levied for mere failure to substantiate claims made and explanation offered - Partly YES, says ITAT
28-Jul-10 Wealth tax - Commercial complex was taxable prior to amendment in provisions of Sec 2(e)(a) - Amendment is prospective: ITAT
28-Jul-10 Import of Motor Cycles in CKD condition - eligible for exemption - CKD in context of motorcycles also includes parts like engine assembly: Advance Ruling
27-Jul-10 I-T - Is share-broker entitled to deduction of bad debts, not recovered from clients for transactions effected on their behalf - Yes: ITAT Spl Bench
27-Jul-10 Intaxication at Apex Level - Revenue wins hands Down - Seagram loses Sober war
26-Jul-10

CBEC wins mega Customs Valuation Related parties case - Supreme Court gives new hue to interpretation of rule 5 & 6; Seagram India to pay hundreds of crores of Customs duty

26-Jul-10

Royalty and Fees for Technical Services - Customs Valuation Rules 2007 unsettling settled law!

26-Jul-10
Implementing GST: CBEC working on massive restructuring of administrative setup!
26-Jul-10
Commercial tax - Article 366 of Constitution - transfer of 'right to use' is deemed sale irrespective of transfer of 'possession': HC
23-Jul-10 ESOP Taxation in India – tax issues for globally mobile employees (See 'TII Special')
23-Jul-10 CBDT celebrating journey from 1860 to 2010 - 150 years
23-Jul-10 Customs -'PXI Controllers = Computers = Data Processing Machines' - Not Really: SC
22-Jul-10 CBDT notifies 711 as Cost Inflation Index for 2010-11
22-Jul-10 GST roll-out: FM floats 'Fusion Theory' for dual rates; succeeds in roping in purchase tax
22-Jul-10 CBEC's Circular on Levy of Clean Energy Cess - issued on 24th June but released on 21st July
21-Jul-10 ST – SCN mandatory before demand – Letter directing payment is an appealable order: HC
20-Jul-10

India-UK DTAA - Whether professional services rendered by non-resident lawyer partnership firm can constitute Service PE - whether entire fees for services rendered in India and also outside India are taxable as long as services are utilised in India (See 'TII Breaking News')

20-Jul-10
Service Tax – Prior to amendment in 2006 Companies were not included under definition of consulting engineer - Works Contract only from 1.6.2007: High Court
19-Jul-10

Service tax - Spot recovery – Department has no jurisdiction or authority to collect any amount at time of raid : High Court

19-Jul-10

I-T - Sec 147 proceedings - Does an entry in order-sheet tantamount to be an AO's order, and CIT has power to review the same - NO, says ITAT

15-Jul-10 States to rediscover GST on July 21; Nandan Nilekani to take States through voyage of rediscovery!
15-Jul-10 TDS - Can assessee claim deduction of provision made for fluctuation in forex earmarked for paying technical knowhow even though no TDS deducted - YES: HC
14-Jul-10 No Export Duty on Clearances to SEZ - Supreme Court Confirms
14-Jul-10
I-T - Interest u/s 234B - Are Settlement Commission's powers to levy interest governed by chargeability of interest in original assessment - NO: Bombay HC
13-Jul-10
Recovery proceedings when Stay Application is pending before Tribunal - Madras High Court raps Chennai LTU
13-Jul-10
Preventive officers fall in Molasses Pit – Furious Tribunal marks a copy of order to FM, Revenue Secretary and CBEC Chairman for action against officers
12-Jul-10 CBDT makes electronic return filing by Companies with digital signature mandatory
12-Jul-10 Income Tax – Liquidated Damages for delay in Supply of plant is Capital receipt: Supreme Court
08-Jul-10
Finalisation of provisional assessment – Assessee taking suo motu credit in PLA account of excess duty paid proper – Revenue appeal dismissed: CESTAT
07-Jul-10 CX - CESTAT dismisses assessee's appeal - Later Revenue appeals against same order - Doctrine of Merger not applicable as issues in appeals are different: SC
07-Jul-10 I-T - Revenue disallows loss arising out of dividend-stripping transaction prior to 1.4.02 on ground of being artificial transaction - allowable, says SC
07-Jul-10 Import of Counterfeit Nokia E-51 mobile phones – Absolute confiscation proper – since goods are to be destroyed, penalty reduced: CESTAT
07-Jul-10 Quitting IRS - State Govts offer challenging turf for development-minded doers - A case study of Aman Singh!
06-Jul-10
Cenvat on GTA outward freight - Matter to be resolved after Karnataka High Court decision: CESTAT
06-Jul-10
'Largest Litigant' Tag for Government - HC asks CBEC to avoid frivolous litigation - Follow CBDT
 

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