2015-TIOL-INSTANT-ALL-251
08 October 2015   

simply inTAXicating - Rule 56(j): Retired or Fired?

simply inTAXicating - Rule 56(j): Retired or Fired?

The DoP&T recently came out with a detailed Office Memo on one of the most maligned Fundamental Rules - Rule 56(j). This rule deals with the subject of premature retirement of a government servant. It was last invoked against a good number of senior IRS officers in 1986. Since then it has been a dormant provision. The Modi Government has taken a decision to make use of this Rule to chop off the non-performers and eliminate the dead wood. How effective is going to be this Rule to be used as a tool to ease out non-performers from our bureaucracy. To look into the various aspects of it TIOL TUBE invited four former Civil Servants - two from the All India Services and two from the Central Services. And they are - Mr Sudhir Kumar, IPS and Former Vigilance Commissioner of India; Mr S N Jha, a 1972 Batch IAS officer, Mr Sumit Dutt Majumder, former CBEC Chairman and Mr S S Khan, former CBDT Member. The debate was moderated by TIOL TUBE Editor, Mr Shailendra Kumar.

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CASE LAW

2015-TIOL-235-SC-CX + Story

CCE Vs FITRITE PACKERS: SUPREME COURT OF INDIA (Dated: October 7, 2015)

CX - Manufacture - s.2(f) of CEA, 1944 - Blank paper could be used as wrapper for any kind of product, however, after the printing of logo and name of the specific product of Parle thereupon, the end use was now confined to only that particular and specific product of the said particular company/customer - printing, therefore, is not merely a value addition but has now been transformed from general wrapping paper to special wrapping paper - End use has positively been changed as a result of printing process undertaken by the assessee - printing has resulted into a product, i.e., paper with distinct character and use of its own which it did not bear earlier - activity amounts to manufacture and CE duty payable under 4811.90 - Revenue appeal allowed: Supreme Court [para 9, 10, 12, 13]

Appeal allowed

MIXED BUZZ

Asia-Europe Meeting: CBEC Chairman calls for greater cooperation among Customs Administrations

 

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