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Wednesday , April 1, 2015 | Updated : Apr 1, 09:58 IST
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NEWS FLASH
 
Antiquities intended for public exhibition in a museum or art gallery exempted from Customs duties + Customs duty Exemption to Pulses & chickpeas extended till 1st October 2015 (See 'What's New') Tariff Value of Gold, Silver Increased - oils, brass scrap, poppy seeds Tariff values reduced (See Cnt 34 in 'What's New') Cus - Merely on basis of Chartered Engineer's report, which is based on enquiry conducted behind appellant's back and which had not even been supplied to appellant, declared transaction value cannot be rejected: CESTAT by Majority (See 'Breaking News') Income tax - Whether when it is clearly mentioned that amendment in the statute is substantive in nature, assessee has option to avail benefits even on retrospective basis - NO: Supreme Court (See 'Breaking News') ST - Appellant vide a letter 29.09.2008 addressed to CCE had sought specific direction as to whether activities undertaken by them would attract ST liability and whether they are eligible for any exemption - SCN dt. 18.10.2013 demanding ST on said activities is blatantly time-barred: CESTAT (See 'Breaking News') CCEA okays proposal to supply gas at uniform price to all fertiliser plants through a pooling mechanism + approves amendment to guidelines for financial support to PPP in infra sector Justice Rajendra Dhirajlal Kothari + Justice Abdullah Gulamahmed Uraizee appointed as full-fledged Judge of Gujarat HC + President appoints four Addl Judges in Bombay HC + two Addl Judges in Gujarat HC Lucknow CBI nabs Income Tax Officer accepting bribe of Rs 2 lakhs CBEC assigns addl charge of Mumbai II Zone to CC, Vizag; DG (ST) to CC, Mumbai I Zone; Nagpur Zone to CC, Bhubaneshwar and DG (Safeguard) to DGEP (See 'Service News') India's external debt rises by 3.5% by December-end (See 'Mixed Buzz') WB okays USD 500 mn funds for SIDBI for MSME growth innovation APA - CBDT extends deadline for filing roll back application to June 30, 2015 (See 'Mixed Buzz') Ease of Doing Business - Commerce Ministry to empower SEZ Development Commissioner to reduce paper work Cus - Multifunction machines are different and distinct from photocopying machines and,therefore, during period prior to amendment of FTP w.e.f 5.6.2012, import of these goods did not require any import licence: CESTAT by Majority (See 'Breaking News') Non-stop service to facilitate trade between India & Qatar: First Direct Container vessel reaches Doha CII Business Confidence Index marginally improves in Q4 Import of old photocopier - for determining value of used capital goods, NIDB data is not relevant as no two consignments of used goods would be comparable - enhancement of value rejected: CESTAT by Majority (See 'Breaking News') FTP - Tomorrow? + FTP - Guidelines for processing of online IEC applications (See 'DDT') Income tax - Whether if assessee-club sells complimentary liquor for a price, such activity is to be construed as commercial in nature - YES: ITAT (See 'Breaking News') Refund under Rule 5 - Implications of amendment in Budget 2015 (See 'ST se GST tak') ST - Amount paid in excess during investigation - Merely because adjudicating authority had appropriated amount paid towards tax demand, refund cannot be denied when Commr(A) reduced tax liability by holding that excess amount is not deposit & claim is hit by bar of limitation: CESTAT (See 'Breaking News') Company Law - Amounts received by private companies from their members, directors or their relatives before 1st April 2014 - Clarification (See 'DDT') Whether final order of re -assessment passed without giving opportunity of hearing to assessee is void ab initio (See '2015-TIOL-772') Pension Cut for CRPF Commandant using an official vehicle while on leave (See 'DDT') India about to enter into high trajectory growth orbit, says President Mumbai CBI nabs Income Tax Officer accepting bribe Election Commission organises consultation on 'Political Finance & Law Commission Measures' (See 'Mixed Buzz') TRAI seeks feedback on over-the-top services (See 'Mixed Buzz') President confers Bharat Ratna on Madan Mohan Malviya posthumously Service tax e-payment can be made till midnight of March 31; RBI extends banking hours till 8 pm tomorrow (See Cir 182 in 'What's New') 14 % Service Tax not with effect from 1st April 2015 – Nagpur Commissioner’s Clarification (See 'DDT') CX - while incorporating provision into existing statute, Legislatures are fully aware of position of law - Pre-deposit mandatory even in respect of orders passed prior to 06.08.2014 and appeals filed thereafter: CESTAT (See 'Breaking News') DRI alone seizes over 200 kg gold on All India basis in past 72 hours CX - Digital Records - Board Proposes to issue Notification and Circular - Invites Feedback (See 'DDT') I-T - Whether insertion of Explanation to Sec 80-IB(9) vide Finance Act, 2009 with retro effect explaining meaning of term 'undertaking' is unconstitutional and ultra vires to Article 14 of Constitution - YES: HC (See 'Breaking News') Interest on differential duty consequent to final assessment (See 'Guest' Column) ST - Work undertaken is harvesting & transporting sugarcane to factory for which labour is employed - Service brought under tax net under Manpower Recruitment envisages supply of labour per se - Demand not sustainable: CESTAT (See 'Breaking News') Registration - Netizens frustrated by ACES (See 'DDT') I-T - Whether sec 127(2)(a) is a machinery provision and CIT is having power of transfer even without assigning any reason: HC (See '2015-TIOL-767')
 
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Page 1
New Delhi, April 01, 2015
Cus - Merely on basis of Chartered Engineer's report, which is based on enquiry conducted behind appellant's back and which had not even been supplied to appellant, declared transaction value cannot be rejected: CESTAT by Majority
New Delhi, April 01, 2015
Income tax - Whether when it is clearly mentioned that amendment in the statute is substantive in nature, assessee has option to avail benefits even on retrospective basis - NO: Supreme Court
Mumbai, April 01, 2015
ST - Appellant vide a letter 29.09.2008 addressed to CCE had sought specific direction as to whether activities undertaken by them would attract ST liability and whether they are eligible for any exemption - SCN dt. 18.10.2013 demanding ST on said activities is blatantly time-barred: CESTAT
New Delhi, March 31, 2015
Cus - Multifunction machines are different and distinct from photocopying machines and,therefore, during period prior to amendment of FTP w.e.f 5.6.2012, import of these goods did not require any import licence: CESTAT by Majority
New Delhi, March 31, 2015
Import of old photocopier - for determining value of used capital goods, NIDB data is not relevant as no two consignments of used goods would be comparable - enhancement of value rejected: CESTAT by Majority
Mumbai, March 31, 2015
Income tax - Whether if assessee-club sells complimentary liquor for a price, such activity is to be construed as commercial in nature - YES: ITAT
Ahmedabad, March 31, 2015
ST - Amount paid in excess during investigation - Merely because adjudicating authority had appropriated amount paid towards tax demand, refund cannot be denied when Commr(A) reduced tax liability by holding that excess amount is not deposit & claim is hit by bar of limitation: CESTAT
Kolkata, March 30, 2015
CX - while incorporating provision into existing statute, Legislatures are fully aware of position of law - Pre-deposit mandatory even in respect of orders passed prior to 06.08.2014 and appeals filed thereafter: CESTAT
Ahmedabad, March 30, 2015
Income tax - Whether insertion of Explanation to Sec 80-IB(9) vide Finance Act, 2009 with retro effect explaining the meaning of term 'undertaking' is unconstitutional and ultra vires to Article 14 of Constitution - YES: HC
Mumbai, March 30, 2015
ST - Work undertaken is harvesting of sugarcane and transporting same to sugar factory for which labour is employed - Service brought under tax net under Manpower Recruitment envisages supply of labour per se - ST demand not sustainable: CESTAT

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