TMI Tax Updates - e-Newsletter
January 3, 2012
Case Laws in this Newsletter:
Income Tax
Service Tax
Central Excise
Highlights / Catch Notes
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Customs:
Amends Notification No. 36/2001-Customs(N.T) dated the 3rd August 2001 - Ntf. No. 89/2011 Dated: December 30, 2011
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Customs:
Seeks to amend notification no. 119/2010-Customs, dated 19th November, 2010 so as to revoke anti dumping duty on subject goods originating in or exported from Saudi Arabia - Ntf. No. 130/2011 Dated: December 30, 2011
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Customs:
Amends Notification No.27/2011-Customs, dated the 1st March, 2011 - Ntf. No. 129/2011 Dated: December 30, 2011
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Customs:
Amends Notification No. 21/2002-Customs, dated the 1st March, 2002 - Ntf. No. 120 /2011 Dated: December 30, 2011
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Customs:
Amends Notification No. 69/2004-Customs, dated the 9th July, 2004 - Ntf. No. 119/ 2011 Dated: December 29, 2011
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Customs:
Amends Notification No. 20/2006-Customs, dated the 1st March, 2006 - Ntf. No. 118/ 2011 Dated: December 29, 2011
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Customs:
Amends Notification No 25/1999-Customs, dated 28th February, 1999, 22/2007-Customs, dated the 1st March, 2007 and 27/2011-Customs, dated the 1st March, 2011 - Ntf. No. 117/2011 Dated: December 29, 2011
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Customs:
Amends Notification No 25/1999-Customs, dated 28th February, 1999, 22/2007-Customs, dated the 1st March, 2007 and 27/2011-Customs, dated the 1st March, 2011 - Ntf. No. 117/2011 Dated: December 29, 2011
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SEZ:
SEZ Act Under Section 4 - Set up a sector specific Special Economic Zone for information technology and information technology enabled service at Village Gangaikondan, Taluka Tirunelveli, District Trunelveli in the State of Tamil Nadu; - Ntf. No. S.O. 2838(E) Dated: December 20, 2011
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Central Excise:
Appointment of Central Excise Officers in relation to service tax refunds arising out of Notification No. 52/2011-Service Tax, dated 30.12.2011 - Ntf. No. 33/2011 Dated: December 30, 2011
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Central Excise:
Amends Central Excise Rules, 2002 - Ntf. No. 32/2011 Dated: December 30, 2011
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Central Excise:
Amends Notification No. 49/2008-Central Excise (N.T.), dated the 24th December, 2008 to affect the HSN changes w.e.f. 01.01.2012
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Central Excise:
Amends Notification No. 49/2008-Central Excise (N.T.), dated the 24th December, 2008 - Ntf. No. 30/2011 Dated: December 30, 2011
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Central Excise:
Amends Notification No. 21/2005-Central Excise, dated the 13th May, 2005 - Ntf. No. 45/2011 Dated: December 30, 2011
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Central Excise:
Amends Notifiication No. 26/2001-Central Excise, dated the 11th May, 2001 - Ntf. No. 44/2011 Dated: December 30, 2011
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Central Excise:
Amendment in the Various Notification - Ntf. No. 43 /2011 Dated: December 30, 2011
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Central Excise:
Amends notification Nos. 62/1995-Central Excise, dated the 16th March, 1995 and 20/2005-Central Excise, dated the 13th May, 2005 to affect the HSN changes w.e.f. 01.01.2012
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VAT:
Banks Authorized for e-payment - Ntf. No. .F.7(400)/policy/VAT/2011/641-654 Dated: September 5, 2011
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VAT:
Notification regarding e-payment for registered dealers and TAN holders - Ntf. No. F.7(400)/Policy/VAT/2011/1006-1018 Dated: December 28, 2011
Articles
Notifications
Central Excise
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45/2011 - dated
30-12-2011
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CE
Amends Notification No.21 /2005-Central Excise, dated the 13th May, 2005 to affect the HSN changes w.e.f. 01.01.2012
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44/2011 - dated
30-12-2011
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CE
Amends Notification No. 26/2001-Central Excise, dated the 11th May, 2001 to affect the HSN changes w.e.f. 01.01.2012
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43 /2011 - dated
30-12-2011
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CE
Amends the various Notification to affect the HSN changes w.e.f. 01.01.2012
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42/2011 - dated
30-12-2011
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CE
Amends notification Nos. 62/1995-Central Excise, dated the 16th March, 1995 and 20/2005-Central Excise, dated the 13th May, 2005 to affect the HSN changes w.e.f. 01.01.2012
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33/2011 - dated
30-12-2011
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CE (NT)
Appointment of Central Excise Officers in relation to service tax refunds arising out of Notification No. 52/2011-Service Tax, dated 30.12.2011
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32/2011 - dated
30-12-2011
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CE (NT)
Amends Central Excise Rules, 2002 - Provisions for filing of central excise return in case of Manufacturers of processed yarn, unprocessed fabrics and readymade garments modified.
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31/2011 - dated
30-12-2011
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CE (NT)
Amends Notification No.16/2011-Central Excise (N.T.) - Manufacturers of processed yarn, unprocessed fabrics and readymade garments to file quarterly return in ER-3 for the period 1.10.2011 to 31.12.2011
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30/2011 - dated
30-12-2011
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CE (NT)
Amends Notification No. 49/2008-Central Excise (N.T.), dated the 24th December, 2008 to affect the HSN changes w.e.f. 01.01.2012
Customs
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130/2011 - dated
30-12-2011
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Cus
Seeks to amend notification no. 119/2010-Customs, dated 19th November, 2010 so as to revoke anti dumping duty on subject goods originating in or exported from Saudi Arabia
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129/2011 - dated
30-12-2011
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Cus
Amends Notification No.27/2011-Customs, dated the 1st March, 2011
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120 /2011 - dated
30-12-2011
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Cus
Amends Notification No. 21/2002-Customs, dated the 1st March, 2002
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119/ 2011 - dated
29-12-2011
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Cus
Amends Notification No. 69/2004-Customs, dated the 9th July, 2004
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118/ 2011 - dated
29-12-2011
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Cus
Amends Notification No. 20/2006-Customs, dated the 1st March, 2006
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117/2011 - dated
29-12-2011
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Cus
Amends Notification No 25/1999-Customs, dated 28th February, 1999, 22/2007-Customs, dated the 1st March, 2007 and 27/2011-Customs, dated the 1st March, 2011
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F.No.437/22/2011-Cus. IV - dated
2-1-2012
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Cus (NT)
Appointment of Common Adjudicating Authority
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F.No.437/21/2011-Cus. IV - dated
2-1-2012
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Cus (NT)
Appointment of Common Adjudicating Authority
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F.No.437/02/2011-Cus. IV - dated
2-1-2012
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Cus (NT)
Appointment of Common Adjudicating Authority
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89/2011 - dated
30-12-2011
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Cus (NT)
Amends Notification No. 36/2001-Customs(N.T) dated the 3rd August 2001 - fixation of tariff value
SEZ
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S.O. 2838(E) - dated
20-12-2011
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SEZ
SEZ Act Under Section 4 - Set up a sector specific Special Economic Zone for information technology and information technology enabled service at Village Gangaikondan, Taluka Tirunelveli, District Trunelveli in the State of Tamil Nadu;
VAT - Delhi
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F.7(400)/Policy/VAT/2011/1006-1018 - dated
28-12-2011
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DVAT
Notification regarding e-payment for registered dealers and TAN holders
News
Case Laws:
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Income Tax
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2011 (12) TMI 126
Waiver of penalty – non-violation of provisions of Section 269T - repayment under the Golden Bonds Scheme – Held that:- Payment under the Golden Bonds Scheme was not repayment of any deposit, but was repayment of a loan and there was no violation of Section 269T, as it stood at that time (before 1st June, 2002). Further, no payment by way of cash was made but book adjustments were made.- Decided in favor of assessee.
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2011 (12) TMI 125
Deemed dividend – assessee received amount from its sister concern in oct 1997 claiming it to be business advance – advance to another sister concern transferred to assessee by book entry - assessee discontinued business from Oct 1997 – Held that:- On request of assessee the matter is remanded back to the CIT(A) with a direction to him to re-consider the matter afresh in the light of the Supreme Court decision in case of Commissioner of Income Tax Vs. Mukundray K. Shah (2007 -TMI - 6556 - SUPREME Court) and without in any way being influenced either by any observation made by him in the earlier order of revision or any observation made by court in this judgment and to pass appropriate orders in accordance with law.
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2011 (12) TMI 124
Exemption u/s 10(23C) – Prescribed authority denied approval/ exemption - petitioner has to satisfy that it came within the expression “other educational institution” - Held that:- Merely on the ground that petitioner is not recognized by the UGC or any Board constituted by the Government of India for imparting formal education in the field of western music and that petitioner is not itself awarding any certificate or degree to the students, it cannot be said that it does not qualify to be an educational institution”. It is observed that the word education connotes the process of training and development of knowledge, skill, mind and character of students by normal schooling hence, petitioner meets the requirements of an educational institution within the meaning of Section 10(23)(c)(vi) of the Act. Therefore, the prescribed authority is guided to deal with the assessee’s application for approval afresh in accordance with law in the light of the observations made. The writ petition is accordingly allowed.
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Service Tax
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2011 (12) TMI 121
Plea for condonation of delay – rejection of appeal by Commissioner (Appeals) on the ground of limitation - Held that:- In this case, the delay is of 14 months and therefore the Commissioner has no powers whatsoever to condone the delay. Provisions of Section 85(3) are very clear and provide a specific time limit for filing appeal and therefore, if the provisions of Limitation Act are applied, the provisions of Section 85 of Finance Act, 1994 become redundant - Decided against the assessee.
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2011 (12) TMI 120
Eligibility of availment of CENVAT credit of service tax paid on the services provided by the foreign person (Foreign Commission Agent) – Held that:- Board Circular F.No.345/1/2008-TRU dated 27.06.2008 clarifies that the recipient of the service is required to pay service tax under Section 66A though the service is not actually provided by the recipient but by the foreign person. Such taxable services, are not treated as 'output services' however, service tax paid under Section 66A is available as 'input credit' under CENVAT Credit Rules, 2004 provided the said services are used as input services by the manufacturer or producer of final products or a provider of output taxable service. - Decided in favor of assessee.
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Central Excise
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2011 (12) TMI 119
Credit of Service Tax in respect of courier services – period involved-April 2005 to October 2009 – Held that:- Courier services used for communication from factory to head office and the customers is definitely relatable to manufacture and thus admissible.
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