The Supreme Court has stated that the debt recovery appellate tribunal has no power to exempt a defaulter from making a pre-deposit before entertaining his appeal under the Securitisation & Reconstruction of Financial Assets and Enforcement of Security Interest Act. In this case, Narayan Chandra vs UCO Bank, the tribunal granted exemption. The Calcutta high court set aside the order. He appealed to the Supreme Court which upheld the high court ruling.
Commissioner of Commercial Taxes & Ors. Vs. Chitrahar Traders- The buyer of Neyveli Lignite Corporation, a central government undertaking which was sold as scrap, was entitled to pay a lower sales tax, the Supreme Court ruled. It dismissed the appeal of the Commissioner of Commercial Taxes against the ruling of the Madras high court which stated that the levy should take into account that the machinery was total scrap. Since the plant and machinery had outlived its utility, the government appointed Metal Scrap and Trading Corporation Ltd, a government enterprise, to sell them as scrap. It arranged an e-auction in which Chitrahar Traders bid the highest amount. The revenue department then demanded 12 per cent and surcharge as sales tax stating that what was sold was plant and machinery; not scrap. The buyer contended that only 4 per cent could be levied at the rate stipulated for scrap. In fact, it had to use explosives to remove machinery embedded in earth since 1961 and which became utterly useless by 2001. The high court and the Supreme Court accepted the contention of the scrap buyer.
The Supreme Court has dismissed the appeal of New India Assurance Company which had rejected the claim of a ship-breaking firm for compensation. The firm bought a Belgian vessel and was bringing it from Singapore on its ‘funeral voyage’ to Alang port in Gujarat for demolition. It wrecked on way in high seas due to bad weather. The ship was covered by marine insurance and the ship-breaker invoked the policy. The insurer rejected the claim leading to litigation in the consumer forum. The National Consumer Commission asked the insurance company to pay Rs 14 crore with 9 per cent interest to Priya Blue Industries, the scrap dealer in ships. However, the insurer appealed to the Supreme Court. It ruled that the loss suffered due to the ship wreck was properly assessed by the surveyors and the commission order was correct.
From the desk of Chairman,CBDT- CIT wise details of AY10-11 paper refund Returns entered into the system but not processed is given herein below. These lists, however, do not give the true and complete picture of pending refunds, as the Systems does not have any visibility of paper refund Returns not entered onto the system. On the basis of the statistics available for earlier years, CBDT estimates the said paper refund Returns not entered onto the system so far at around 8 lacs, a large number of which pertain to Mumbai & Delhi. Today April 03 morning, CCITs (CCA) of Mumbai & Delhi have been sensitized by the Chairman personally about the need to issue all refunds by April 10 2011. All officers, especially those posted at Delhi & Mumbai, are once again advised to rise to the occasion & issue all refunds by this date.
Finance Ministry will soon come out with a discussion paper on service tax to increase its contribution to the overall tax kitty and align it with the proposed Goods and Services Tax (GST). “The Finance Ministry is working on a discussion paper on taxation of services to get opinion and feedback before moving to GST,” a source told PTI.
Industry chamber Assocham today said the government’s decision to revise taxes on currency conversion would increase transaction cost and hit the country’s exports. This charge, on the differential between RBI reference rate and the rate at which transaction is booked, will significantly increase transaction costs and decrease India’s competitiveness in global markets, the apex chamber said.
M/s. Tradex Polymers Pvt. Ltd. is a registered service provider and is a Del credere consignment agent and during the course of advertising and publicizing the product the assessee enlisted the services of a mandap keeper which is an input service. This confirms to the definition of input service as defined under Cenvat Credit Rules, 2004. I find the ratio of the decision in the case of M/s. Coca Cola India Pvt. Ltd. Vs. CCE Pune-3 reported in 2009 (15) STR 657 (Banglore)
No NBFC shall contribute to the capital of a partnership firm or become a partner of such firm. A NBFC, which has already contributed to the capital of a partnership firm or was a partner of a partnership firm, shall seek early retirement from the partnership firm.
Pricing of Convertible instruments. Issue of Shares permitted against specified non-cash considerations under Approval Route. Approval / conditionalities surrounding previous joint venture/collaborations done away with. Guidelines relating to Down-Stream investments. Sector Specific policy for FDI- Agriculture. The revised FDI policy does carry the process of liberalization further and would assist in augmenting FDI into the Country. However, the revised FDI policy has kept at bay significantly expected changes such as permitting FDI in Limited Liability Partnership, Multi-Brand Retail Trading and several other subjects on which draft discussion papers were released earlier for public comments. It is important that these areas are also taken up the Government for liberalisation towards making India one of the most favourable FDI destinations in the world.
Select Holiday Resorts Pvt. Ltd. [52 DTR 14] – Section 79 (Section) which contains provisions restricting carry forward of past year losses under the Income Tax Laws (ITL) ruled that the Section has no applicability to a case of amalgamation of 98% shareholder company with the Taxpayer where the amalgamated and the amalgamating companies are held by the same set of shareholders with whom control of the taxpayer continues to remain. The ITAT further held that since the amalgamating company ceased to exist post amalgamation, a change in shareholding upon amalgamation can be regarded as a change arising in a situation akin to death of a shareholder which is specifically excluded from applicability of the Section.
