Vol. 1, Part 5, Dated 11th January, 2008

 

DIRECT TAX LAWS

Statutes

n Industrial Park Scheme, 2008 - Notification No. 3/2008, dated 8-1-2008

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Income-tax (First Amendment) Rules, 2008 - Substitution of rule 18C - Notification No. 2/2008, dated 8-1-2008

From SC/HC

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Proviso inserted in section 113 by Finance Act, 2002 is clarificatory in nature as it clarifies that relevant date for applicability of Finance Act would be year in which search stood initiated under section 158BC; section 158BB is required to be read with section 4 - CIT v. Suresh N. Gupta [Civil Appeal No. 32 of 2008]

From ITAT

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Delhi ITAT on requirement of law in relation to validity of gifts of movable and immovable properties  - Ms. Mayawati v. Dy. Commissioner of Income-tax [IT Appeal NoS. 279 and 422 (delhi) of 2007] [Order Date 30-11-2007]

SERVICE TAX

From CESTAT

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Assessee was not liable to service tax as consulting engineer - Jyoti Ltd. v. CCE [Appeal Nos. ST/16 to 18 of 2004]

DAILY CASE LAW REPORTER

Direct Tax Laws

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Delhi ITAT on section 68 of the Income-tax Act, 1961 - Ms. Mayawati v. Deputy Commissioner of Income-tax  [ IT Appeal Nos. 279 and 422 (Delhi) of 2007]

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Supreme Court on section 17 of Income-tax Act, 1961 - Commissioner of income-tax v. Infosys Technologies Ltd. [CIVIL APPEAL NO. 3725 OF 2007]

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Delhi ITAT on section 271 of the Income-tax Act, 1961 - British Airways Plc. v. Dy. Director of Income tax [INCOME TAX APPEAL NOS. 583 TO 588 (DELHI) OF 2007]

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Madhya Pradesh High Court on section 254 of the Income-tax Act, 1961 - Ajit Kumar Pitaliya v. Income-tax Officer [IT Appeal No. 179 of 2007]

Corporate Laws

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Andhra Pradesh High Court on section 13 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - Sri Yarnala Leela Krishna Prasad v. Central Bank of India [WRIT PETITION NO. : 13387 OF 2006]

Service Tax

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Ahmedabad CESTAT on Rule 3 of the Cenvat Credit Rules, 2004 - Saurashtra Exports v. Commissioner of Central Excise [APPEAL NO. ST/21/2006]

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Bangalore CESTAT on section 35F of the Central Excise Act, 1944 - Popular Vehicles & Services Ltd. v. Commissioner of Central Excise [APPEAL NO : ST/St/175 of 2006 IN ST/282 of 2006]

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Kolkata CESTAT on section 76 of the Finance Act, 1994 - Golden Security Service v. commissioner of Central Excise [SERVICE TAX APPEAL NO. -39/06]

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New Delhi CESTAT on section 65 of the Finance Act, 1994 - Dhanshree Publicity v. Commissioner of Central Excise [SERVICE TAX APPEAL NO. 188 OF 2007]

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Chennai CESTAT on Rule 3 of the Cenvat Credit Rules, 2004 - Brakes India Ltd. v. Commissioner of Central Excise [APPEAL NO. E/418 OF 2007]

NEWS

Direct Tax Laws

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10-year tax holiday to jack up manufacturing

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Economists favour tax status quo
n Mumbai leads in direct tax collections
n Rig shortage may get oil cos tax holiday
n Govt may offer amnesty scheme for defaulters
n Ten-year tax holiday for industrial park developers

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Mauritius double tax treaty may be finetuned to survive I-T scrutiny
Insurance Laws

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Grocers may lend insurance new lease of life

Other Laws

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Citibank India to establish Japan Desk

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SBI life plans to go public in 2009

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Spend only 33% of budget in Q4:FM to ministries
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