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Wednesday , September 3, 2014 | Updated : Sep 3, 10:59 IST
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NEWS FLASH
 
CX - Pan Masala Packing Machines Rules - Default in payment of duty - 7th proviso of Rule 9 is not attracted for want of conditions precedent, being mis-declaration in total number of machines found to be operational by Revenue - demand not sustainable: CESTAT by Majority (See 'Breaking News') Appeals Before CESTAT - Can pre-deposit be made from CENVAT Credit? (See 'DDT' Column) I-T - Whether when assessee, a manufacturer of beer, advances loan to sister concern for setting up new line of business, such assistance can be characterised as expenditure incurred exclusively for business - NO: HC (See 'Breaking News') Revenue cannot file Stay application against Appellate Commissioner's Order: CESTAT (See 'DDT') Cus - Recovery proceedings against assets of another unit of Group Company of importer is not permissible u/s 142 in absence of evidence that entire import was at instance of Group Companies - High Court allows Writ (See 'Breaking News') CBEC wants AC/DC level officers - not enough willing officers? (See 'DDT') Construction of Residential Complex service - Construction undertaken after transfer of undivided share of land - Case of appellant is prima facie covered by Circulars of 2006 & 2007 - Tribunal was not justified in ordering pre deposit - Appeal restored to Tribunal: HC (See 'Breaking News') Nothing is safe on the Internet (See 'DDT') CBEC promotes 41 as JCs & issues posting order (See order in 'Promotion' in 'Pitara') CBEC transfers five DCs and six Addl/JCs (See Orders in 'Transfer' in 'Pitara') UK Minister of Courts urges India to open up legal sector to non-resident law firms Former AG Goolam Vahanvati, 65, dies of cardiac arrest Neemuch CBN seizes 7.7 Kg Opium; One person arrested CBEC notifies Village Mithirohar, Gandhiram as ICD (See 'NT in 'What's New' ) ST - Cable Operator - Once subscriber base figures are taken from written contract, which is in pursuance to TRAI Act, 1997 and regulations made thereunder, same is beyond challenge - Demand upheld: CESTAT (See 'Breaking News') PM inaugurates TCS Technology & Culture Academy; flags off first batch for India Drawback claim - Under garb of clarifying Rules, CBEC cannot incorporate a restriction which does not find place in Rules - clause (d) of CBEC letter struck down: HC (See 'Breaking News') Appeals Before CESTAT after enactment of Finance Bill 2014 - Whether pre-deposit can be made from CENVAT Credit (See 'DDT' Column) ST - Appellant providing Advertising services by placing ads on behalf of clients in various print & electronic media - On volume discounts, rate difference and amounts written back - demands under BAS cannot be sustained in law: CESTAT (See 'Breaking News') New clause 39 of revised Form 3CD in Income Tax - some posers (See 'ST se GST tak' Column) I-T - Whether provisions of Sec 43A will apply even if FCNR loan is taken not for acquisition of capital assets but to repay debentures - NO: HC (See 'Breaking News') Every Departmental Officer is not an Advance Ruling Authority (See 'DDT') CX - Clearance of Sugar under 'Levy Sale' which later was treated as 'Free Sale' by Directorate of Sugar - Govt paying differential amount of price but appellant not intimating department - extended period of limitation rightly invoked: CESTAT (See 'Breaking News') RBI's Simplified KYC Measures (See 'DDT' Column) Core Sector growth relapses to 2.7% in July Ministry of Agriculture relaxes Plant Quarantine Order 2003 for import of Onions up to Nov 30, 2014 Capital Asset - Useful life - MoC amends Schedule II (See 'Notification' in TIOL Library China opens world’s largest duty-free shop in Southern Hainan Province
 
   
DDT (Daily Dose of Taxation)

Appeals Before CESTAT - Can pre-deposit be made from CENVAT Credit?

With VIJAY KUMAR

Appeals Before CESTAT - Can pre-deposit be made from CENVAT Credit?
Published: September 03, 2014

View previous DDTs »

WHAT'S NEW
CUS
:
Not 26 NT 74 Cir 09
ADD
:
39 Inst: 08 SG: 03
EX
:
Not 08-20 NT 26 Cir 983
S.TAX
:
Not 18-19 Order Cir 178
I-T
:
Not 33 Cir 12-13 Inst 11
DGFT
:
Not 90,91 PN 68 Cir 13
RBI
:
Cir 23,24    
BREAKING NEWS

Mumbai, September 03
CX - Pan Masala Packing Machines Rules - Default in payment of duty - 7th proviso of Rule 9 is not attracted for want of conditions precedent, being mis-declaration in total number of machines found to be operational by Revenue - demand not sustainable: CESTAT by Majority

Bangalore, September 03
I-T - Whether when assessee, a manufacturer of beer, advances loan to sister concern for setting up new line of business, such assistance can be characterised as expenditure incurred exclusively for business - NO: HC

Mumbai, September 03
Cus - Recovery proceedings against assets of another unit of Group Company of importer is not permissible u/s 142 in absence of evidence that entire import was at instance of Group Companies - High Court allows Writ

Chennai, September 03
Construction of Residential Complex service - Construction undertaken after transfer of undivided share of land - Case of appellant is prima facie covered by Circulars of 2006 & 2007 - Tribunal was not justified in ordering pre deposit - Appeal restored to Tribunal: HC

Mumbai, September 02
ST - Cable Operator - Once subscriber base figures are taken from written contract, which is in pursuance to TRAI Act, 1997 and regulations made thereunder, same is beyond challenge - Demand upheld: CESTAT

MIXED BUZZ
XCuSE Updates
XCuSE
PUZZLE TO DAZZLE
Punit Vedby PUNIT PAVAN VED CA

Married daughter relinquished her share in property of her father in favour of brothers. Whether such relinquishment is transfer; and not gift, within the meaning of sec 2(47) & therefore liable for capital gain tax.

Published: September 01, 2014

Post Answer »
THE COB (WEB)
Black Money - Policy needed to dent into 'Tiny Machines' of tax evasionby SHAILENDRA KUMAR

Black Money - Policy needed to dent into 'Tiny Machines' of tax evasion
Published: August 28, 2014

View previous 'The COB(Web)s'»
TIOL EDITORIAL
Safeguarding oil & gas revenueby TIOL EDIT TEAM

Safeguarding oil & gas revenue

Published: August 24, 2014

View previous Editorials»

ICE CUBES
by NARESH MINOCHA  Mr Modi, don't go the Abhimanyu way; shear UPA's chains to untie growth genie

Mr Modi, don't go the Abhimanyu way; shear UPA's chains to untie growth genie
Published: August 18, 2014

View previous ICE CUBEs »

GUEST COLUMN

A peep into TDS on Payment to Non-Resident Related Partiesby LUKOSE JOSEPH ANIL P NAIR

A peep into TDS on Payment to Non-Resident Related Parties
Published: September 01, 2014

View previous Guest Column(s);

ST se GST tak

New clause 39 of revised Form 3CD in Income Tax - some posers by AMIT LATH

New clause 39 of revised Form 3CD in Income Tax - some posers
Published: September 02, 2014

View previous ST se GST tak(s)»

View 'ST - New Law +VE or -VE' Articles»

 
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