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NDPS – Extension of Time for Investigation - Public Prosecutor while submitting a report to the Judge about the progress is not supposed to invent the facts. He is supposed to present the facts. - collection of documents required to be done from various countries – extension Granted – High Court (See 'Breaking News' + '2010-TIOL-527-HC-DEL-NDPS') US Prez Barack Obama to address Joint Session of Indian Parliament on November 9 India concludes renegotiation of DTAA with Switzerland: FM tells Lok Sabha (See 'TII Brief' on 'Taxindiainternational.com') CBEC clarifies no service tax on services provided by State Govts under Centrally Sponsored Schemes (See Cir 125 in 'What's New') Justice P D D Premkumar, CJI of Karnataka HC to Sikkim HC + Justice Barin Ghosh goes from Sikkim to Uttarakhand HC as CJ + Justice J S khehar goes from Uttarakhand to Karnataka HC as CJ Academy of Scientific and Innovative Research Bill 2010 moved in LS (See 'Mixed Buzz') CBEC amends tariff value of poppy seeds and brass craps (See NT 68 in 'What's New') Service Tax – Receipt of technical know-how from non-resident company not having any office in India for manufacture of final products during April 2002 to September 2004 – Activity appropriately classifiable under Intellectual Property Service w.e.f. 10.09.2004 and tax not payable on such services by recipient prior to 01.01.2005 (prior to 18.04.2006 as per judgment in INSA = 2008-TIOL-633-HC-MUM-ST case ) – CESTAT (See '2010-TIOL-995-CESTAT-BANG') Increase in retirement age of HC judges from 62 to 65: BJP to support Constitutional amendment only if Govt stops rewarding pliable judges with post-retirement jobs Customs – EOUs not required to pay AED (TTA) for goods cleared in DTA as held by Apex Court in Nahar Industrial Enterprises Ltd = 2004-TIOL-68-SC-CX – CESTAT (See '2010-TIOL-997-CESTAT-BANG') Assembly bypolls: TRS bags 11 seats out of 12 in Telangana; one seat goes to BJP supporting separate State Central Excise – Duty paid by supplier on ‘sulphur' which attracts ‘NIL' duty available as CENVAT Credit to buyer – It is settled law that input recipient cannot re-classify or re-assess duty liability once supplier classified the goods and discharged duty liability – Revenue appeal rejected – CESTAT (See '2010-TIOL-998-CESTAT-BANG') Govt gives one more year to airlines to phase out expat pilots Service Tax - Construction Service - Constitutional Validity of Finance Act 2010 Amendment challenged - No coercive steps till next hearing : Bombay HC (See '2010-TIOL-526-HC-MUM-ST') CVC directs CBI to probe some of Commonwealth projects CBEC mops up Rs 68000 Crore in Q1: MoS(R) I-T - Whether process of converting CRGO Electric Steel into laminations amounts to 'manufacture' - whether the assesse is eligible for Sec 80IB benefits on such a process - YES: HC (See '2010-TIOL-524-HC-MAD-IT') Trade Unions oppose disinvestment in SAIL CBDT amends jurisdictions of CIT Nashik + Hyderabad (See Notification in 'What's New') Union Cabinet gives nod for release of Rs 4868 Cr as interest subvention to PSBs (See 'Mixed Buzz') Cenvat Credit not deniable on inputs written off as obsolete in books - Rule 3(5B) does not have retrospective operation and cannot be pressed into service for period 1996 to 2002 - Pre-deposit waived: CESTAT (See 'Breaking News' + '2010-TIOL-994-Cestat-Mum') Happy Intermission in 'SAD' Movie! (See 'Guest Column') 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 (See 'Breaking News' + '2010-TIOL-401-ITAT-DEL') Supreme Court goes hi-tech - Notice by email (See 'DDT' Column) Pune District Security Guards Board constituted under Maharashtra Act is prima facie not coming within definition of 'security agency' inasmuch as it does not appear to be a commercial concern - Stay granted: CESTAT (See 'Breaking News' + '2010-TIOL-991-Cestat-Mum') Kanishka bombing: ex-gratia to all 329 victims (See 'Mixed Buzz') I-T - Sec 10A - Whether gains arising from fluctuation in foreign exchange are directly relatable to profits of exports business and such an income is eligible for Sec 10A benefits - YES: HC (See '2010-TIOL-525-HC-MAD-IT') Chennai DRI seizes Red Sander logs worth Rs 2.34 Crore; One arrested Refund of 4% CVD: CBEC clarifies on disposal of claims where assessments are provisional (See Cir 23 in 'What's New') 2150 cases of mobile cloning booked: Minister (See 'Mixed Buzz') Justice K kannan appointed as full-time judge of Madras HC Govt takes steps to deregister of dormant companies (See 'Mixed Buzz') I-T - Whether recovery of a debt barred by limitation amounts to cessation of liability under sec 41(1) - Revenue's appeal dismissed (See '2010-TIOL-521-HC-DEL-IT') Govt takes steps to deregister of dormant companies (See 'Mixed Buzz') I-T - cultivation of potatoes - assessee provides seeds to farmers for better crops and buys back entire produce - Can such activity be treated as works contract and farmers as jobworkers? - No, provisions of Sec 194C do not apply: ITAT (See 'Breaking News' + '2010-TIOL-400-ITAT-DEL') Revenue Kitty Bleeding! - CBDT, CBEC Prefer to be a Pachydermic litigant! (See 'THE COB(WEB)' Column) Refund of ST - Notfn 41/2007-ST - bill raised by service provider indicated that tax was paid by another service provider - when fact remains that assessee had borne service tax, refund cannot be denied: CESTAT (See 'Breaking News' + '2010-TIOL-988-Cestat-Mum') GST Implementation Group's Report - Certain Issues (See 'DDT' Column)

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