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Misc - Royalty not a tax; royalty is contractual consideration paid by mining lessee to lessor for enjoyment of mineral rights & liability to pay royalty arises out of contractual conditions of mining lease: SC CBMisc - Payments made to Government cannot be deemed to be a tax merely because statute provides for their recovery as arrears: SC CBMisc - Since power to tax mineral rights is provided for in Entry 50 of List II, Parliament cannot use its residuary powers in this subject matter: SC CBCus - Owner of goods has a liability to pay customs duty even after confiscated goods are redeemed on payment of fine - Interest follows: SCI-T- Demand notice issued mechanically merits being quashed, where passed in ignorance of assessment order giving clean chit to assessee: HCIndia discovers Lithium Resources in Mandya and Yadgiri districts of KarnatakaI-T- No disallowance under section 36(1)(iii) can be made if funds are available with the assessee, which are sufficient to meet the investment: ITATIndia's installed Nuclear Power Capacity to triple by 2031-32: MoSI-T- Penalty rightly quashed where assessment order proposing penalty is itself quashed: ITATGoyal sets USD 50 bn target for footwear industry to achieve by 2030I-T- Where public trust claims deduction under Chapter VIA & due to absence of separate provision in ITR for Section 80GGA at time of filing it, then claim being clubbed u/s 80G is valid: ITATIndian-origin German citizen nabbed with 6 kg of cocaine at IGI AirportIndia to remain steadfast in commitment to nurturing adolescents' talents: Health SecyAI-based SearchGPT to compete with Google: OpenAII-T- Assessee's acceptance of the cash in the form of SBNs, assessee being an Urban Cooperative Bank, which is not being covered by the RBI Circular, cannot be considered as unexplained for addition U/s. 68 of the Act: ITATDelhi liquor scam: United Spirits CEO summonedVAT - burden of proof lies with Department to verify & approve refunds to ultimate taxpayers: HCBiden to attend QUAD meeting to be held in New Delhi this yearST - Appellant is entitled to avail CENVAT Credit on re-insurance of motor vehicles and credit availed by it during relevant period from April, 2011 to March, 2012 on this score were all admissible credit: CESTATChinese youth furious over appeal to raise retirement ageST - As there is no positive act established against appellant with regard to suppression of facts, the period being transitional period, invocation of extended period was set aside: CESTATUS & allies allege North Korean hackers of stealing military secretsCus - Assessee-company is not liable to pay interest on deferential Customs duty arising out of the final assessment of bills of entry: CESTATMexican drug lords arrested in USCX - Cenvat credit of input services as per Rule 6(5) of CCR 2004, is allowed, even if such services are partly used for exempted businesses: CESTATNew Income tax Code to be developed internally by CBDT, says Revenue SecretaryCus - Department has not established any positive act on the part of appellant in regard to suppression of facts with intent to evade Customs duty, no grounds found for invocation of extended period, demand of CVD along with interest and imposition of penalties cannot sustain: CESTATKejriwal to remain in judicial custody till Aug 8CX - Refund of pre-deposit is governed by Section 35FF of Central Excise Act, 1944 and rate of interest is governed by statutory provisions and notifications issued in this regard, appellants are entitled for payment of interest as per provisions of Section 35FF and at the rate prescribed therein: CESTAT

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Rajaswa Gyan Sangam - Key takeaways - CBEC to scrap redundant excise Circulars and issue Master Circular; CBDT to go for re-organisation of jurisdictions on functional lines


Reasons for failure of CBEC

The Senior officers in CBEC are not performing their task and almost all the works are done by junior level officers like Inspector/Superintendent. Even they don't have capabilities to handle all the three taxes Customs, Central Excise, Service Tax. Their attitude is totally negative don't allow simple request of the assessee like common registration, conversion of shipping bills, cum-duty and CENVAT in clandestine removal, deemed to be concluded, not to follow CBEC's instructions/circular favourable to assessee etc. Even committee for review functioning without application of mind to defeat the purpose of less litigation by judicious review. They allow so many things which are not required to be allowed but they allow for the reasons best known them only. Their contribution is zero in drafting SCN, Orders, Review etc. except grammatical changes. In policy making opinion outside the department like trade, advocate/consultant are required to be involved. CBEC's instructions/clarifications on same subjects for all three taxes are different e.g. deemed to be concluded passing of OIO or not. Circular must be clarify for all the three taxes wherever possible as almost all the provisions are identical. Over all reforms byway of change in their thought process with accountability may improve the way of working. To take India in 21st Century as developed country only these two boards officers attitude change may change the atmosphere of ease of doing business in India. As on today business community feel that to run a business in India is a crime.
Let's pray to god senior officers will come out from AC chambers and see the ground reality as to give positive contribution in development of country. Jai Hind, Jai Bharat, Vande Matram.

Pankaj Rachchh 20/06/2016

 

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