NDPS – Extension of Time for Investigation - Public Prosecutor while submitting a report to the Judge about the progress is not supposed to invent the facts. He is supposed to present the facts. - collection of documents required to be done from various countries – extension Granted – High Court (See 'Breaking News' + '2010-TIOL-527-HC-DEL-NDPS')
US Prez Barack Obama to address Joint Session of Indian Parliament on November 9
India concludes renegotiation of DTAA with Switzerland: FM tells Lok Sabha (See 'TII Brief' on 'Taxindiainternational.com')
CBEC clarifies no service tax on services provided by State Govts under Centrally Sponsored Schemes (See Cir 125 in 'What's New')
Justice P D D Premkumar, CJI of Karnataka HC to Sikkim HC + Justice Barin Ghosh goes from Sikkim to Uttarakhand HC as CJ + Justice J S khehar goes from Uttarakhand to Karnataka HC as CJ
Academy of Scientific and Innovative Research Bill 2010 moved in LS (See 'Mixed Buzz')
CBEC amends tariff value of poppy seeds and brass craps (See NT 68 in 'What's New')
Service Tax – Receipt of technical know-how from non-resident company not having any office in India for manufacture of final products during April 2002 to September 2004 – Activity appropriately classifiable under Intellectual Property Service w.e.f. 10.09.2004 and tax not payable on such services by recipient prior to 01.01.2005 (prior to 18.04.2006 as per judgment in INSA = 2008-TIOL-633-HC-MUM-ST case ) – CESTAT (See '2010-TIOL-995-CESTAT-BANG')
Increase in retirement age of HC judges from 62 to 65: BJP to support Constitutional amendment only if Govt stops rewarding pliable judges with post-retirement jobs
Customs – EOUs not required to pay AED (TTA) for goods cleared in DTA as held by Apex Court in Nahar Industrial Enterprises Ltd = 2004-TIOL-68-SC-CX – CESTAT (See '2010-TIOL-997-CESTAT-BANG')
Assembly bypolls: TRS bags 11 seats out of 12 in Telangana; one seat goes to BJP supporting separate State
Central Excise – Duty paid by supplier on ‘sulphur' which attracts ‘NIL' duty available as CENVAT Credit to buyer – It is settled law that input recipient cannot re-classify or re-assess duty liability once supplier classified the goods and discharged duty liability – Revenue appeal rejected – CESTAT (See '2010-TIOL-998-CESTAT-BANG')
Govt gives one more year to airlines to phase out expat pilots
Service Tax - Construction Service - Constitutional Validity of Finance Act 2010 Amendment challenged - No coercive steps till next hearing : Bombay HC (See '2010-TIOL-526-HC-MUM-ST')
CVC directs CBI to probe some of Commonwealth projects
CBEC mops up Rs 68000 Crore in Q1: MoS(R)
I-T - Whether process of converting CRGO Electric Steel into laminations amounts to 'manufacture' - whether the assesse is eligible for Sec 80IB benefits on such a process - YES: HC (See '2010-TIOL-524-HC-MAD-IT')
Trade Unions oppose disinvestment in SAIL
CBDT amends jurisdictions of CIT Nashik + Hyderabad (See Notification in 'What's New')
Union Cabinet gives nod for release of Rs 4868 Cr as interest subvention to PSBs (See 'Mixed Buzz')
Cenvat Credit not deniable on inputs written off as obsolete in books - Rule 3(5B) does not have retrospective operation and cannot be pressed into service for period 1996 to 2002 - Pre-deposit waived: CESTAT (See 'Breaking News' + '2010-TIOL-994-Cestat-Mum')
Happy Intermission in 'SAD' Movie! (See 'Guest Column')
Income tax - Penalty u/s 271(1)(c) - Can penalty be levied for mere failure to substantiate claims made and explanation offered - Partly YES, says ITAT (See 'Breaking News' + '2010-TIOL-401-ITAT-DEL')
Supreme Court goes hi-tech - Notice by email (See 'DDT' Column)
Pune District Security Guards Board constituted under Maharashtra Act is prima facie not coming within definition of 'security agency' inasmuch as it does not appear to be a commercial concern - Stay granted: CESTAT (See 'Breaking News' + '2010-TIOL-991-Cestat-Mum')
Kanishka bombing: ex-gratia to all 329 victims (See 'Mixed Buzz')
I-T - Sec 10A - Whether gains arising from fluctuation in foreign exchange are directly relatable to profits of exports business and such an income is eligible for Sec 10A benefits - YES: HC (See '2010-TIOL-525-HC-MAD-IT')
Chennai DRI seizes Red Sander logs worth Rs 2.34 Crore; One arrested
Refund of 4% CVD: CBEC clarifies on disposal of claims where assessments are provisional (See Cir 23 in 'What's New')
2150 cases of mobile cloning booked: Minister (See 'Mixed Buzz')
Justice K kannan appointed as full-time judge of Madras HC
Govt takes steps to deregister of dormant companies (See 'Mixed Buzz')
I-T - Whether recovery of a debt barred by limitation amounts to cessation of liability under sec 41(1) - Revenue's appeal dismissed (See '2010-TIOL-521-HC-DEL-IT')
Govt takes steps to deregister of dormant companies (See 'Mixed Buzz')
I-T - cultivation of potatoes - assessee provides seeds to farmers for better crops and buys back entire produce - Can such activity be treated as works contract and farmers as jobworkers? - No, provisions of Sec 194C do not apply: ITAT (See 'Breaking News' + '2010-TIOL-400-ITAT-DEL')
Revenue Kitty Bleeding! - CBDT, CBEC Prefer to be a Pachydermic litigant! (See 'THE COB(WEB)' Column)
Refund of ST - Notfn 41/2007-ST - bill raised by service provider indicated that tax was paid by another service provider - when fact remains that assessee had borne service tax, refund cannot be denied: CESTAT (See 'Breaking News' + '2010-TIOL-988-Cestat-Mum')
GST Implementation Group's Report - Certain Issues (See 'DDT' Column)
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 |  THE COB(WEB) by Shailendra Kumar CONSISTENT filing of frivolous appeals in HCs and SC has become a serious issue for both the Revenue Boards. The Finance Minister last Saturday talked about it in public domain. The AG has been directed by the Apex Court to file affidavit by July 31 and give details of the action taken against the errant officers who have shown criminal negligence in stating no reasons for gross delays in high revenue cases. But the million-dollar question is - Does CBDT have moral authority to take ... Read Column All Cob (Web)s |
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EDITORIAL
 THE Government should completely overhaul the regulations relating to acquisition of stock-market listed companies to protect the interest of investing public, competition and the exchequer. The road-map for sweeping reforms was provided last week by an expert panel constituted by Securities and Exchange Board of India (SEBI) to align the takeover regulations with various judicial and quasi-judicial verdicts on acquisitions and to imbibe the best practices adopted globally. The 12-member panel named Takeover Regulations Advisory Committee (TRAC) has rightly recommended an equal and fair opportunity to all
... Read Column All Editorials | | DDT with Vijay Kumar
 IN a landmark decision the Apex Court has ordered that in addition to normal mode of service, service of Notice(s) may be effected by E-Mail for which the advocate(s) on-record will, at the time of filing of petition/appeal, furnish to the filing counter a soft copy of the entire petition/appeal in PDF format ... Read Column All DDTs | |
ST se GST tak By Harsh Shah & Abhishek Jaju
 WHILE the Government is on the verge of bringing in a new law on taxation of services under Goods and Services Tax ('GST'), the changes in service tax continue to be fast and rapid. The Finance Minister, indicating his earnest endeavour for introduction of GST w.e.f. April 1, 2011 has introduced new services and also expanded the scope of existing services albeit for less than a year (from July 1, 2010 to April 1, 2011). An area of concern, be it Service Tax or GST ... Read Column All ST se GST taks | | THE ICE CUBES By Naresh Minocha
 THE global anti-money laundering body, Financial Action Task Force (FATF), last month upgraded India 's status from an observer at its meeting to its 36 th full-fledged member. On 29 June, the Finance Ministry hailed this development as ... Read Column All Ice Cubes |
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GUEST COLUMN
By CA Pradeep Jain & CA Preeti Parihar
 THE importer-dealers are over the moon these days. Their SAD-ness is going to turn into happiness. Government granted exemption to the importers from Special Additional Duty which is levied @ 4% under Section 3(5) of the Customs Tariff Act, 1975 by way of refund. But due to a no. of procedural formalities and slackness at the departmental end, 80% of the claims were reviewed as pending at the major custom houses as on 31.3.2010. This induced the Board to issue a Circular for fixing a time limit for ... Read Column All Guest Columns | | SPECIAL COLUMN
By M Ram Kumar
 THANKS to TIOL for bringing out detailed account of proposed revamp in the organizational set up in CBEC as suggested by GST implementation Group. IN this modern electronic age communication of ideas is very important and for such a historic taxation reform ... Read Column All Special Columns |
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WHILE the outside world is blissfully unaware of the status on implementation of GST and the modalities of the requisite administrative and legal roadmap being drawn for the purpose, there were recently some hectic parleys within the CBEC, to provide the Administrative Roadmap for an effective implementation of GST. When TIOL spoke to the CBEC Chairman and Member (Central Excise), both commented that the reshaping and re-sizing of the existing Commissionerates is a huge task .... 
