VOL. 1 | PART 8 |  JANUARY 18, 2008

<DIRECT TAX LAWS>

n  Clarification regarding applicability of provisions of Section 194-I to payments made by the customers on account of cooling charges to the cold storage owners - Circular No. 1/2008, dated 10-1-2008

<SERVICE TAX>

n  Advertising agency - Where assessee was carrying out activities of rendering help for 'advertisement' and also canvassing for advertisement for railways, activities carried out by assessee would not come within purview of 'Advertisement agency services' - Febin Advertisers v. Commissioner of Central Excise [2008] 12 STT 95 (BANG. - CESTAT) [Service Tax Appeal No. 151 of 2007]

 

- Where assessee's case was that it had entered into agreement with several advertising agencies and had been renting out hoardings and was collecting rents, and that advertising charges were collected by those agencies so service tax liability fell on them, prima facie, assessee had shown that it had collected rentals on hoarding and, therefore, stay application was to be allowed granting waiver of requirement of pre-deposit of service tax and stay of recovery - Adage Outdoor Advertising (P.) Ltd. v. Commissioner of Customs & Central Excise [2008] 12 STT 118 (BANG. - CESTAT) [ST/50 of 2007]

 

n  Authorised service station - Where assessee, an authorized service station, provided free services for vehicles sold by manufacturer 'M' and service tax was demanded from assessee for said free services rendered by it, when a service was free, unless revenue showed some evidence that assessee got reimbursement in some other guise, it would not be possible to confirm demand - Indus Motor Co. v. Commissioner of Central Excise [2008] 12 STT 112 (Bang. - CESTAT) [Appeal Nos. ST/93 and 94 of 2007]

 

n  Commercial training or coaching - Where assessee was a study centre set up through Memorandum of Understanding with University for coaching persons who wished to write examinations conducted by University and assessee collected fees from students which was shared with University in different proportions for different courses, assessee rendered same service as regular colleges affiliated to University or parallel colleges and distinction found by lower authority to deny exemption contained in Notification No. 10/2003-ST, dated 20-6-2003 was apparently not proper as exemption is extended to regular colleges which collect entire fee directly from students - Thanjai Study Centre v. Commissioner of Central Excise (Service Tax) [2008] 12 STT 136 (CHENNAI - CESTAT) [S/PD/27/2007 IN S/40/2007/MAS]

 

n  Tour operator - Prima facie, plying taxi from airport to city for customers could not be considered as tourist services or tour operator services - Cochin International Airport Prepaid Taxi Operators Co-operative Society Ltd. v. Commissioner of Central Excise [2008] 12 STT 107 (BANG. - CESTAT) [Appeal No. St/ST/96/06]

<DAILY CASE LAW REPORTER>

n Supreme court on section 260A of the Income-tax Act, 1961 - Commissioner of Income-tax v. Air Liquide India Holding (P.) Ltd. [I.A. No. 6 in Civil Appeal Nos. 4092-4095 of 2007]

 

n Supreme court on section 260A of the Income-tax Act, 1961 - Commissioner of Income-tax v. Ashok Paper Mills [Civil Appeal No. 1284 of 2004]

 

n Supreme court on section 260A of the Income-tax Act, 1961 - Commissioner of Income-tax v. Divya  Investment (P.) Ltd. [Civil Appeal No. 5931 of 2007]

 

n Bombay High Court on section 153 of the Income-tax Act, 1961 - Commissioner of Income-tax v. Heritage Estate (P.) Ltd. [I T Reference No. 303 of 1987]

 

n Supreme court on section 260A of the Income-tax Act, 1961 - Commissioner of Income-tax v. Sirmour TRUCK Operators Union [Civil Appeal Nos. 5845 and 5847 of 2007]

 

n Madhya Pradesh High Court on section 35AB of the Income-tax Act, 1961 - Commissioner of Income-tax v. Frontline Software & Services (P) Ltd. [MAIT NO. 133 OF 2006]

 

n Delhi Appellate Tribunal for Foreign Exchange on section 18 of the Foreign Exchange Regulation Act, 1973 -  Mohd. Saleem, Proprietor v. Enforcement Directorate [Appeal No. 184 OF 2000]

 

n Bangalore CESTAT on section 65 of the Finance Act, 1994 - Centre for Management Development v. Commissioner of Central Excise [ST/7 of 2007]

 

n Bangalore CESTAT on section 65 of the Finance Act, 1994 - Globe College of Travel & tourism v. Commissioner of Service Tax [APPEAL NO. ST/St/148 of 2006 IN ST/244 of 2006]

 

n Chennai CESTAT on section 65 of the Finance Act, 1994 - Premier Garments Processing v. Commissioner of Service tax [Appeal No. S/157 of 2007]

<NEWS>

n Finance, commerce ministries spar over export sops demand

n TDS on training fees

n 12 new services to be in tax net

n Banks may report better margins, but bad loans are soaring

n Commercial tax dept to launch e-banking soon

n ICICI Pru FMP series good for risk averse

n Pilgrim's may get tax-free lodging

n Commercial tax dept to launch e-banking soon

n No reduction in commercial tax in Kerala: Minister

<A PREVIEW OF LATEST ISSUES OF TAXMANN'S JOURNALS>

n Vol. 12, Part 3, for the week of  Jan. 18 - Jan. 24, 2008