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Prime Minister to kick-start Make in India Week in Mumbai today VAT - deferment scheme - repayment of exempted sum for unexpired period within 5 to 13 years from start of deferment - Not open to beneficiary to claim that 13 yrs to start from expiration of eligibility period as per old policy - YES: SC (See 'Breaking News') Govt clears Rs 28000 cr road projects Art is ageless, religionless and timeless: PM Make service tax laws more democratic (See 'BUDGET RUN-UP') Trade Marks Act, 1999 - Whether jurisdiction of Intellectual Appellate Board is conditional upon civil court's determination of prima facie tenability of invalidity plea - NO: HC (See 'Breaking News') MP gets first Food Park; to benefit 30,000 farmers (See 'Mixed Buzz') CX - When demand itself was set aside in 2012, Revenue appeal filed in 2007 for imposition of penalty does not survive - Appeal dismissed as infructuous: CESTAT (See 'Breaking News') MPs praise Ministry & NIFT for sustaining world-class quality (See 'Mixed Buzz') Applications invited for post of Counsellor at PMI, WTO (See 'Deputation Post' in Pitara) Lucknow DRI seizes 297 kg of cannabis coming from Guwahati Govt grants Sec 11C benefits to Di-Calcium Phosphate (animal feed grade) for six years period (See NT 4 in 'What's New') Industrial production growth goes down by 1.3% in December, 2015 CBDT issues transfer order of five CCITs; Aditya Vikram is new DG(Inv), Delhi + P C Mody gets Mumbai Investigation + Akhilesh Ranjan is now CCIT(5) in Delhi with addl charge of Pr CCIT(IT&TP) (See 'Transfer' in 'Pitara') JNPT extends Direct Port Delivery facility to all ACP clients (See 'Mixed Buzz') Customs Exchange Rate for Japanese Yen amended (See 'Notification 24' in 'What's New') ACC appoints Malay Kumar Sinha, Special Director, IB, as Secretary (Security) in Cabinet Secretariat (See 'Mixed Buzz') Make in India Week - Maharashtra expects huge investment in manufacturing Hopeful of passing bills on realty regulator, GST in Budget session: Venkaiah Naidu Indian exporters got tariff relief worth USD 4.4 bn through GSP in 2014: US Ambassador (See 'Mixed Buzz') SC refuses to restrain states from banning mobile internet, saying that such steps are necessary to maintain law and order Thailand accepts protocol amending TRIPS Agreement (See 'Mixed Buzz') Service tax evasion case booked by DGCEI - Makemytrip deposits Rs 42 Crore (See 'Mixed Buzz') Cus - Refusal by Appellate Commissioner to grant refund on ground that department's appeals are pending before HC would tantamount to ensuring stay against CESTAT order & is patently illegal - HC (See 'Breaking News') Customs - Board revamps SVB + Revamped Special Valuation Branch guidelines.. Better late than never!!! (See 'DDT') ST - No liability arises on appellant prior to 16.06.2005 on repairs of transformers received from various SEBs as tender process through which appellant got contract is only a 'work order' and contract for repair: CESTAT (See 'Breaking News') FTP - Procedure for export of sesame seeds to the European Union countries - Deferment of implementation (See 'DDT') VAT - Whether consequential order passed by Appellate Authority in Stay Petition is non-est in eye of law, when Appellate Authority holds that there is no jurisdiction to adjudicate issues raised? - Yes, rules HC (See 'Breaking News') Focus on CENVAT scheme and procedural simplification (See 'Budget Run-up') I-T - Whether assessee can be treated as assessee in default, for not deducting TDS on 'likely to be paid interest', which was ultimately reversed in books - NO: HC (See 'Breaking News') Are two registrations required under CE Law for a dealer? (See 'Budget Run-up') Prime Minister to kick-start Make in India Week in Mumbai today VAT - deferment scheme - repayment of exempted sum for unexpired period within 5 to 13 years from start of deferment - Not open to beneficiary to claim that 13 yrs to start from expiration of eligibility period as per old policy - YES: SC (See 'Breaking News') Govt clears Rs 28000 cr road projects Art is ageless, religionless and timeless: PM Make service tax laws more democratic (See 'BUDGET RUN-UP') Trade Marks Act, 1999 - Whether jurisdiction of Intellectual Appellate Board is conditional upon civil court's determination of prima facie tenability of invalidity plea - NO: HC (See 'Breaking News') MP gets first Food Park; to benefit 30,000 farmers (See 'Mixed Buzz') CX - When demand itself was set aside in 2012, Revenue appeal filed in 2007 for imposition of penalty does not survive - Appeal dismissed as infructuous: CESTAT (See 'Breaking News') MPs praise Ministry & NIFT for sustaining world-class quality (See 'Mixed Buzz') Applications invited for post of Counsellor at PMI, WTO (See 'Deputation Post' in Pitara) Lucknow DRI seizes 297 kg of cannabis coming from Guwahati Govt grants Sec 11C benefits to Di-Calcium Phosphate (animal feed grade) for six years period (See NT 4 in 'What's New') Industrial production growth goes down by 1.3% in December, 2015 CBDT issues transfer order of five CCITs; Aditya Vikram is new DG(Inv), Delhi + P C Mody gets Mumbai Investigation + Akhilesh Ranjan is now CCIT(5) in Delhi with addl charge of Pr CCIT(IT&TP) (See 'Transfer' in 'Pitara') JNPT extends Direct Port Delivery facility to all ACP clients (See 'Mixed Buzz') Customs Exchange Rate for Japanese Yen amended (See 'Notification 24' in 'What's New') ACC appoints Malay Kumar Sinha, Special Director, IB, as Secretary (Security) in Cabinet Secretariat (See 'Mixed Buzz') Make in India Week - Maharashtra expects huge investment in manufacturing Hopeful of passing bills on realty regulator, GST in Budget session: Venkaiah Naidu Indian exporters got tariff relief worth USD 4.4 bn through GSP in 2014: US Ambassador (See 'Mixed Buzz') SC refuses to restrain states from banning mobile internet, saying that such steps are necessary to maintain law and order Thailand accepts protocol amending TRIPS Agreement (See 'Mixed Buzz') Service tax evasion case booked by DGCEI - Makemytrip deposits Rs 42 Crore (See 'Mixed Buzz') Cus - Refusal by Appellate Commissioner to grant refund on ground that department's appeals are pending before HC would tantamount to ensuring stay against CESTAT order & is patently illegal - HC (See 'Breaking News') Customs - Board revamps SVB + Revamped Special Valuation Branch guidelines.. Better late than never!!! (See 'DDT') ST - No liability arises on appellant prior to 16.06.2005 on repairs of transformers received from various SEBs as tender process through which appellant got contract is only a 'work order' and contract for repair: CESTAT (See 'Breaking News') FTP - Procedure for export of sesame seeds to the European Union countries - Deferment of implementation (See 'DDT') VAT - Whether consequential order passed by Appellate Authority in Stay Petition is non-est in eye of law, when Appellate Authority holds that there is no jurisdiction to adjudicate issues raised? - Yes, rules HC (See 'Breaking News') Focus on CENVAT scheme and procedural simplification (See 'Budget Run-up') I-T - Whether assessee can be treated as assessee in default, for not deducting TDS on 'likely to be paid interest', which was ultimately reversed in books - NO: HC (See 'Breaking News') Are two registrations required under CE Law for a dealer? (See 'Budget Run-up')
 
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Income Tax - How to find out the difference between trader in stocks and investor in stocks

TIOL-DDT 366
19 05 2006
Friday

The CBDT proposes to issue guidelines to determine whether a person is a trader in stocks or an investor in stocks. One of the guidelines is the time devoted and to the extent to which it is the means of livelihood. Board invites comments from the public on this.

Deduction under 80HHC – Cascading effect of amendment in other statutes

The Income Tax Department has encountered a strange problem. As per Section 80HHC certain deductions are allowed on income earned from profits from exports. The Section mentions the Customs and Central Excise Duty Drawback Rules, 1971. But these rules have been replaced by the Customs and Central Excise Duty Drawback Rules, 1995. Now there are some smart officers who wanted to deny the benefit of 80HHC on the ground that there is no Duty Drawback Rules, 1971.

Now the CBDT has clarified that by virtue of the General Clauses Act, the benefits of Section 80HHC cannot be denied just because the Section mentions the 1971 Rules and not the 1995 rules.

This is what happens with too many enactments finding place in too many other acts and too many amendments with no clue as to what is mentioned where.

CBDT Circular No. 5/2006, dated May 15, 2006

Customs and Central Excise  amendments

Re-import of exported goods – Exemption Notification No. 94/96-Cus. grants exemption to various categories of exported goods when reimported. Now cut and polished precious and semiprecious stones exported for treatment abroad is included in the list.

Cut and polished diamonds Cut and polished diamonds when reimported after certification/grading by certain agencies are exempted. Now one more agency “Diamond Trading Company U.K.” is included in the list of grading agencies.

Exemption to EOUs – Conditions relaxed Notification No. 52/2003-Cus. dated 31-3-2003 allows exemption to goods imported by EOUs, STP and ESTP. Under the scheme certain conditions are now relaxed:

1) Goods may be transferred to other EOUs/SEZ under intimation to the proper officer - no need of permission.

2) Goods may be removed for test, repair etc under intimation to the proper officer  - no permission required.

3) Exemption is now allowed for import of promotional materials like brochures, literatures, pamphlets, hoardings, catalogues and posters.

Similar changes are made in the Central Excise exemption for procurement of goods by EOUs.

Notification No. 44/2006-Customs and 31/2006-C.E., dated May 17, 2006

FTP Amendments - The DGFT had amended the Hand Book of Procedures

1) In Para 2.12 the validity period of 24 months for DFIA is deleted.

2) Certain sea ports/air ports/ICDs/LCS added to the list of ports for imports and exports under the advance authorisation and DEPB.

3) The period of fulfilling export obligation in case of import of spices is restricted to 120 days.

Vehicles imported for R&D – Registration

As per Notification No. 2 dated 7.4.2006 vehicle manufactures and auto component manufacturers were allowed to import vehicles for R & D purposes. One of the conditions for such imports was that the vehicle will not be registered under the CMVR Rules in the country and will not ply on Indian roads. Now DGFT clarifies that the condition is applicable only for use as a passenger vehicle. For the limited purpose of carrying out endurance test, evaluation test and for other testing purposes, the vehicle may be registered as provided for in the CMVR Rules.

POLICY CIRCULAR NO. 06(RE-06)/2004-2009 Dated: May 18, 2006

non obstante - Notwithstanding. (any statute to the contrary)

In absence non obstante clause allowing prevailing of Narcotic Drugs and Psychotropic Substances Act, 1985 over Evidence Act, 1872 such statements could only be treated as previous statements under Section 145 ibid and not as substantive evidence

Retrospective amendment of excise rules empowering Revenue to recover duty - Even in such a case, demand has to be within limitation prescribed under Section 11A of Central Excise Act, 1944, in absence of non-obstante clause in amendment

Although a non obstante clause is used in Article 253 of the Constitution of India, it only explains and provides for the legislative competence of the Parliament for the whole or any part of the territory for the purpose of implementing any treaty or agreement with any other country or any decision made at any international conference etc. If the Parliament or the State Legislature are competent to lay down the guidelines and leave the implementation of the guidelines to the rule making authority, such a law cannot be held to be ultra vires because of a non obstante clause in Article 253.

Until Monday with more DDT

Have a nice Weekend.

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