"17 August 2011" Archive

Amendments in Cause list of all CESTAT, Benches w.e.f 5th September, 2011

F.No. 01(24)/Reg/Misc./CESTAT/2011 (17/08/2011)

Keeping in view of the difficulties pointed out by the various Members of CESTAT, Bar Association, and in order to clear heavy pendency, it is proposed to bring about the following amendments in the Cause list of all CESTAT, Benches with effect from 5th September, 2011 onwards. ...

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CBEC Fixes Monetry Limit for Custom, Service tax and Excise Appeal filing with CESTAT, High Court and Supreme Court

F.No.390/Misc./163/2010-JC (17/08/2011)

F.No.390/Misc./163/2010-JC Reduction of Government litigation - providing monetary limits for filing appeals by the Department before CESTAT/High Courts and Supreme court - Regarding - In exercise of the powers conferred by Section 35R of the Central Excise Act, 1944 made applicable to Service Tax vide Section 83 of the Finance Act,1994 a...

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Statement of PM in Lok Sabha on Anna Hazarre's movement for bringing Jan Lokpal Bill

Hon’ble Members are aware that after extensive consultations and discussions, including deliberations in a Joint Drafting Committee and a meeting of all political parties represented in Parliament, the Government has introduced a Bill in the Lok Sabha on the setting up of Lok Pal. The Bill has been referred to the Standing Committee con...

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Posted Under: Service Tax |

CBDT Chairman asks department to achieve revised Direct Collection target of Rs. 5.32 lakh crores

During the past few days, I had extensive deliberations and meaningful discussions in the Board with my colleagues in the CBDT on the way forward. The mandate before us is for a substantive improvement in all areas of common concern coupled with use of technology and innovation to boost revenue resources and to take the department forwa...

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Posted Under: Service Tax |

Allowability of Interest U/s. 244A on MAT credit

ACIT Vs Bank Of India (ITAT Mumbai)

ACIT Vs Bank Of India (ITAT Mumbai)- As per the provisions of section 115JAA(2), the amount of tax credit of MAT to be carried forward is determined and it is not provided therein that first the taxes paid are to be adjusted and then credit of MAT is to be given. In the case of Chemplast Sanmar, cited supra, the Chennai Bench of the Tribu...

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Depreciation can be allowed even if the machinery is not put to use

Income Tax Officer V/s Tropicana Beverages Company (ITAT Delhi)

ITO V/s. Tropicana Beverages Company (ITAT Delhi)- When it is established that the machinery on which depreciation has been claimed by the assessee, had been provided by the assessee to Dynamix for the purpose of manufacturing the product of the assessee, necessarily the machinery was used for the purpose of the business of the assessee. ...

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Penalty imposable on Income declared in revised return filed after detection of concealment

Dy. Commissioner of Income Tax Vs Sushma devi Agarwal (ITAT Kolkata)

DCIT, Kolkata Vs Sushma Devi Agarwal (ITAT Kolkata)- Assessee has failed to establish that disclosure of additional income in the revised return by way of declaring G. P. rate at 15% as against 6.93% shown in return filed u/s. 153A of the Act was voluntary and in good faith to buy peace with the department. On the other hand, the assess...

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For deriving the benefit of section 22, the occupier and the owner must be the same person and hence the benefits are not available to partners if the occupant is firm

Shri Prodip Kumar Bothra Vs Commissioner of Income Tax (Calcutta High Court)

Shri Prodip Kumar Bothra vs Commissioner of Income-Tax (Calcutta High Court)- A partnership firm cannot take advantage of the ownership of a property owned by its partner in his individual capacity for the purpose of getting benefit of taxation and in the same way, a partner also in his individual capacity cannot treat the right of posses...

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Notification No.76/2011-Customs -Dated the 17th August, 2011

Notification No. 76/2011-Customs (17/08/2011)

The government has decided vide Notification No.76/2011-Customs -Dated the 17th August, 2011 to continue imposing anti-dumping duty of up to $ 515.94 per tonne on imports of a chemical from China, used in industries like pharmaceuticals and dyeing, for five more years to protect domestic industry. The restrictive duty on Sodium Nitrite, w...

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Married daughter of deceased employee who was unmarried at the time of application eligible for Job – Bombay HC

In a significant order, the Bombay high court has set aside a decision of the Maharashtra government refusing to offer job on compassionate ground to a daughter of an employee, who died in harness. The state argued that a Government Resolution allowed only unmarried daughters, wife and son of a deceased government servant to get employmen...

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Posted Under: Service Tax |

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