Discover the legal nuances in the Supreme Court judgment (Civil Appeal 582/2008) involving M/s Anis Ahmad and Sons versus Commissioner of Income Tax. Uncover the intricacies of the case where the appellant, a Commission Agent, challenges the classification as a ‘Trader.’ The court emphasizes that no adverse inference should be drawn due to non-appearance of certain traders and affirms the appellant’s role as an ‘Arhatiya’ (Commission Agent). Explore the details of the case and the court’s decision dated 22/01/2008.
There is no doubt that the non-compete agreement incorporates a restrictive covenant on the right of the Assessee to carry on his activity of development of software. It may not alter the structure of his activity, in the sense that he could carry on the same activity in an organization in which he had a small stake, but it certainly impairs the carrying on of his activity. To that extent it is a loss of a source of income for him and it is of an enduring nature, as contrasted with a transitory or ephemeral loss.
In exercise of powers conferred under Paragraph 2.4 of the Foreign Trade Policy, 2004-2009 and Paragraph 1.1 of the Handbook of Procedures (Vol.I), the Director General of Foreign Trade hereby makes the following additions/amendments in the Schedule of DEPB Rates(as amended from time to time) with immediate effect.
Consequently it is clarified that exports of Sweetmeat, commonly known as methai, covered either under ITC HS Code 0403 or ITC HS Code 21069099 are entitled for VKGUY benefits for exports w.e.f 1.4.2005.
In the statement of Standard Input Output Norms (SION) as contained in the Handbook of Procedures (Vol.2), 2004-2009, as amended from time to time, amendments/corrections at appropriate places as mentioned in ANNEXURE “A” to this Public Notice are made.
RA shall grant the benefits using Focus Product Scheme Code 45, upon submission of such application from exporters of Handloom Products. Any one of the export documents passed by Customs which bears Handloom Mark Label Numbers should be acceptable as proof for grant of benefits under the scheme.
In exercise of the powers conferred by Section 5 read with Section 3(2) of the Foreign Trade (Development & Regulation) Act, 1992 (No.22 of 1992) and also read with Para 1.3 and Para 2.1 of the Foreign Trade Policy, 2004-2009 (as amended from time to time), the Central Government prohibits with immediate effect any export of non-basmati rice, under the Transitional arrangements under Para 1.5 of Foreign Trade Policy, 2004-2009 (as amended from time to time), with reference to the restrictions imposed vide Notification No. 38(RE-2007)/2004-2009, dated 15.10.2007, and Notification No. 45(RE-2007)/2004-2009, dated 31.10.2007.
Consequently listed supporting manufacturers shall be ‘co-licensees’ for Target Plus Scheme 2004-05 and Duty Credit scrips (under Target Plus Scheme 2004-05) which have been already issued shall be deemed to be amended to this extent.
Where All Industry Rate of Drawback is not available or same is less than 4/5th of duties actually paid on materials or components used in production or manufacture of the said goods, an application in ANF 8 along with prescribed documents may be made to RA or DC, for fixation of brand rate.
The matter has been considered in this office. It would be evident from paragraph 4.20.1 that the said facility is available for clubbing of more than one authorization provided the imported inputs are properly accounted for as per norms. Accordingly, it is clarified that as long as imported inputs (for which clubbing has been sought) are same, the facility of clubbing would be available for closure of the authorisations irrespective of the fact that the export products are different.
