<DIRECT TAX LAWS>
n
Residential
status - A person will become an ordinarily resident only
if (a) he has been residing in 
nine out of ten preceding years; and
(b) he has been in India for at least 730 days in previous seven years
(SC) - Pradip J. Mehta v.
Commissioner of Income-tax [CIVIL APPEAL NO. 4291 OF 2002]
n
Educational institutions - Basic
requirement of section 10(22) is existence of educational purposes,
that is, imparting of education by way of teaching or training, etc. -
Commissioner
of Income-tax v. Assam State Book Production & Publication Corpn.
Ltd - [2008]
169 TAXMAN 19 (GAU.)
[IT
APPEAL NOS. 88 OF 2003, 7 TO 10, 12, 15 TO 21, 23 AND 24 OF 2004]
-
Assessee-company, doing activities
of preparing, printing, production, publication, sale, supply of text
books, supplementary books, etc., could not be considered as an
educational institution and, consequently, it was not entitled to
deduction under section 10(22)
-
Commissioner
of Income-tax v. Assam State Book Production & Publication Corpn.
Ltd - [2008]
169 TAXMAN 19 (GAU.) [IT
APPEAL NOS. 88 OF 2003, 7 TO 10, 12, 15 TO 21, 23 AND 24 OF 2004]
n
Return
of income - 
Question as to whether return is to be filed in a
particular Form or not is to be decided by statutory authority and not
by Court - Union
of India v. Income-tax Bar Asscn - [2008]
169 TAXMAN 38 (SC)[Civil
Appeal No. 5941 of 2007]
-
Where
High
Court permitted assessees to file income-tax returns in Form Saral 2-D
instead of Forms ITR-1 to ITR-8 due to paucity of time and
non-availability of adequate number of forms, since time for filing
return in prescribed Form had been extended, impugned order was to be
set aside and all assessees, who had already filed return in Form
Saral 2-D pursuant to impugned order, were to be directed to file
return in prescribed Form till extended date -Union
of India v. Income-tax Bar Asscn - [2008]
169 TAXMAN 38 (SC)
[Civil
Appeal No. 5941 of 2007]
n
Settlement
Commission - There cannot be a fresh application in respect of
same subject-matter, if first application is rejected after assuming
jurisdiction, as Settlement Commission is a quasi-judicial authority -
Haji
N. Abdulla .v. Income-tax Settlement Commission - [2008]
169 TAXMAN 98 (BOM.)
[Writ
Petition No. 1427 of 2007]
<SECURITIES LAWS>
n
Interpretation
of term "shareholder having trading rights" under Securities
Contracts (Regulation) (Manner of Increasing and Maintaining Public
Shareholding in Recognised Stock Exchanges) Regulations, 2006 - Circular
No. MRD/DSA/SE/CIR-09/08, dated 17-4-2008
<SERVICE TAX>
n
Taxable
service -
Activity
of building residential unit on earmarked plot and making construction as
per plan, design and specifications, obtaining various permissions and
providing amenities and common infrastructural facilities as contemplated
by agreement with customers would undoubtedly constitute service provided
or to be provided to customers by applicant within scope of sub-clause (zzzh)
of section 65(105) of the Finance Act, 1994 (AAR - New Delhi) - Harekrishna
Developers, In re [RULING NO. AAR/3(ST) OF 2008]
n
Appellate
Tribunal -
Pre-deposit of service tax is mandatory in terms of section 35F of Central 
Excise Act unless same is waived partly or fully by appellate forum - Synchron
Research Services (P.) Ltd. v. Commissioner
of Service Tax - [2008]
13 STT 251 (AHD. - CESTAT) [Appeal
No. ST/192 of 2007]
n
Business
auxiliary service - Where
assessee was engaged in manufacture of precured tread and it procured thermal
fluid, heated it, and produced hot fluid and it supplied hot fluid to similar
two units and collected charges for heat energy shared with its neighbouring
units, sharing of thermal fluid with units similar to assessee and charging
them for heat energy could not be brought under definition of 'procurement of
goods or services' which were input for clients - General
Precured Treads (P.) Ltd. v. Commissioner of Central Excise
- [2008]
13 STT 298 (CHENNAI - CESTAT)
[STAY
ORDER NO. 1021/2007]
n
Franchise service - Bangalore CESTAT on
franchise service - Speed
and Safe Courier Service v. Commissioner of Central Excise - [2008]
13 STT 257 (BANG. - CESTAT)
[Service
Tax Appeal No. 323 of 2006]
<DAILY CASE LAW REPORTER>
n
Allahabad
High Court on section 64 of Income-tax Act, 1961 - Commissioner of
Income-tax v. Navneet Priya Das [IT REFERENCE NO. 338 OF 1982]
n
Punjab
and Haryana High Court on section 143 of Income-tax Act, 1961 - Commissioner
of Income-tax v. OCM INDIA LTD. [IT APPEAL NO. 425 OF 2005]
n
Uttarakhand
High Court on section 44D of Income-tax Act, 1961 - Commissioner of 
Income-tax v. ONGC as Representative assessee of Rolls Royce (P.) Ltd. [IT
APPEAL NO. 86 OF 2007]
n
Bangalore
ITAT on section 153 of Income-tax Act, 1961 - Prakash Electric Co. v. Income
tax Officer [IT APPEAL NOS. 179 TO 182 (BANG) OF 2007]
n
Bombay
High Court on section 281 of Income-tax Act, 1961 - Ms. Ruchi Mehta v. Union
of India [WRIT PETITION NO. 1752 OF 2007]
n
Pune
ITAT on section 44AB of Income-tax Act, 1961 - S.J. Agarwal & Co. v.
Income-tax Officer [IT APPEAL NOS. 1429 AND 1430 (PUNE) OF 2004]
n
Supreme
Court on section 271(1)(c) of Income-tax Act, 1961 - Sudarshan Silks &
Sarees v. Commissioner of Income tax [CIVIL APPEAL NOS. 5204-5207 OF 2002]
n Chennai
CLB on section 111 of Companies Act, 1956 - S. Kanthimathy v. Woodlands
Estates Limited [C.P. NOS. 10, 11 AND 12/SRB OF 2005]
n
Bangalore
CESTAT on section 76 of Finance Act, 1994 - Booz Allen & Hamilton Inc.
v. Commissioner of Service Tax [IN APPEAL NO. ST/316 OF 2007]
n
Mumbai
CESTAT on section 86 of Finance Act, 1994 - Crescent Organics (P) Ltd. v.
Commissioner of Central Excise [APPEAL NOS. ST/211 AND 212 OF 2005]
n
New
Delhi CESTAT on section 86 of Finance Act, 1994 - Eicher Motors Ltd. v.
Commissioner of 
Central Excise [SERVICE TAX APPEAL NO. 488 OF 2006]
n
Chennai
CESTAT on section 65 of Finance Act, 1994 -
Commissioner of Central Excise v. Orient Abrasives [APPEAL NOS. S/175
AND 186 OF 2006]
n
Chennai
CESTAT on section 11B of Central Excise Act, 1944 - Commissioner of Central
Excise v. Orient Abrasives [APPEAL NOS. S/175 AND 186 OF 2006]
n
Bangalore
CESTAT on section 65 of Finance Act, 1994 - Praveen Autofin (P.) Ltd. v.
Commissioner of Central Excise [APPEAL NO. ST/22 OF 2007]
n
New
Delhi CESTAT on section 65 of Finance Act, 1994 - Som Distilleries (P) Ltd.
v. Commissioner of Central Excise [IN APPEAL NOS. ST/653 AND 654 OF 2007]
<COMPLIANCE CALENDAR UNDER DIRECT TAX LAWS>
Due Date
30-4-2008
Issuing Certificate of TDS from -
l Salaries
l Insurance Commission
April - Mar.
April - Mar.
16
16A
30-4-2008
Issue of TDS Certificate (except for Salaries and Insurance Commission)
March
16A
30-4-2008
Quarterly Statement of TCS
Jan. - Mar.
27B + 27EQ
30-4-2008
Issue of TCS Certificate
March
27D
30-4-2008
Issue of TCS Certificate (Consolidated)
Oct. - Mar.
27D
30-4-2008
Submitting copy of PAN declaration in Forms 60 and 61 to CIT (CIB)
Oct. - Mar.
Copy of 60, 61
<COMPLIANCE CALENDAR UNDER INDIRECT/CORPORATE & LABOUR LAWS>
Due Date
Monthly contribution statement (abstract) in Form 12A, along with copy of receipted challans regarding payment of contribution.
-
-
Half yearly service tax return in Form ST-3 along with GAR-7 challan
-
-
Unaudited quarterly financial results to stock exchange as per clause 41 of Listing Agreement
-
-
Audit report to stock exchange of reconciliation of total admitted capital with depositories and total issued and listed capital for previous quarter
-
-
Disclosure to stock exchange of shareholding pattern of promoters and persons holding more than 15% shares as on 31st March
-
-
Payment of annual listing fees to stock exchange
-
-
Consolidated Annual Contribution Statement of PF in Form 6A for March paid in April to February paid in March of current year, along with contribution card of each employee for same period in Form 3A
-
-
Half yearly return in Form ST-3 by Input Service Distributor
-
-
Information in respect of Principal Inputs in Form ER-5 by specified manufacturers of excisable goods by other than SSI
-
-
<NEWS>
n
I-T
slaps Rs 1,768 cr tax claim on ONGC
n
Govt
set to cut commodities transaction tax
n
RBI
to issue norms for reverse mortgage
n
NE
Exporters has to take challenges: DGFT
<A PREVIEW OF LATEST ISSUES OF TAXMANN'S JOURNALS>
