CCD CHAMBERS
Find out answers to your queries on the following subjects:
Income-tax
Conversion of partnership into joint stock company under Part IX of
the Companies Act - Whether liable to capital gains tax? P. 574
Liability to deduct tax at source on payments made to a foreign
national P. 577
Service tax
Tour operator's services in a motor vehicle P. 578
Rent-a-cab scheme operator's services P. 579
Taxability of renting of property used as cold storage premises P.
579
CENVAT credit on outward freight P. 580
Exclusion of property tax from value under property rental service
P. 581
CASE LAW
Digest of recent decisions
Central Excise & Customs
Customs duty-Valuation-Could the royalty payable to the foreign
company for obtaining from it technical assistance and know-how as a
percentage of the net ex-factory price of the manufactured item be
added to the value of imported components?- Matsushita Television
and Audio (I) Ltd. v. Commissioner of Customs [2007] 8 RC 702 (SC)
P. 590
Penalty-Is mens rea required to be established to justify
confiscation and imposition of penalty for non-accountal of
excisable goods?-CCE v. Indo German Fabs 2007 (79) RLT 245 (P&H) P.
591
Corporate Law
Chartered accountant-Professional misconduct-Would failure to meet
the expected standard of professional efficiency be treated as
professional misconduct?- Council of the Institute of Chartered
Accountants of India v. Somnath Basu [2007] 138 Comp Cas 392 (Cal)
P. 592
Oppression and mismanagement-Where the company had sub-let the
property taken by it on lease, would non-payment of the
proportionate increase in rent to its landlord be held to be
oppressive on the company?- Trinity Combines Associates v. Prabhu
Dayal Chitlangia [2007] 138 Comp Cas 534 (Raj) P. 593
Winding up-Misfeasance -Would failure of the erstwhile directors of
the company-in-liquidat ion to recover debt due to the company be
misfeasance or misconduct on their part?- Official Liquidator of
Dunford Fabrics Ltd. v. G. C. Lohia [2007] 138 Comp Cas 362 (Karn)
P. 593
Income-tax
Investment allowance-Could the assessee claim the benefit of
investment allowance on effluent treatment plant?- Mcdowell and Co.
v. Asst. CIT [2007] 291 ITR 439 (Karn) P. 594
Kar Vivad Samadhan Scheme-Where an assessee's declaration under Kar
Vivad Samadhan Scheme had been accepted by Revenue, could the
Tribunal decide an appeal by the Revenue on a matter covered by the
declaration? - Agro Engineering (M. P.) P. Ltd. v. CIT [2007] 162
Taxman 143 (MP) P. 594
Labour Law
Continuity of service-Could an employee whose service was disrupted
for a certain period before he was reinstated be said to be in
continuous service?-Director General, I. C. M. R. v. D. K. Jain 2007
II LLJ 721(SC) P. 595
Employees' State Insurance Act-Could the employer's bona fide belief
of not being subject to coverage under the Employees' State
Insurance Act, 1948, or the pendency of dispute regarding its
liability therefor, absolve it from the liability to pay interest?-
Cannanore Drug Lines v. Employees State Insurance Corporation 2007
II LLJ 661 (Ker) P. 595
Payment of gratuity-Were employees, who exercised the option of
retiral benefits under the Central Civil Services (Pension) Rules,
1972, precluded from claiming gratuity under the Payment of Gratuity
Act, 1972?- Pune Cantonment Board v. Regional Labour Commissioner
2007 II LLJ 629 (Bom) P. 596
U. P. Civil Service Regulations-Where enquiry was initiated against
a Government servant before his retirement, and an order was made
for recovery of a sum from his pension/gratuity, is prior sanction
of the Governor needed for instituting the said proceedings? - State
of UP v. R. C. Misra 2007 II LLJ 716 (SC) P. 596
Sales tax and VAT
Exemption-State Government-Is the State Government empowered to
cancel an earlier notification granting exemption from payment of
tax retrospectively? -E. G. Bindu v. Addl. STO [2007] 7 VST 688
(Ker) P. 597
Value added tax-Entries in Schedule-Is maize exempt from tax as
coarse grain under item No. 13 of the Schedule to the Himachal
Pradesh VAT Act, 2005?-Dass Enterprises v. State of Himachal Pradesh
[2007] 7 VST 609 (HP) P. 598
Miscellaneous
Advertisements on transport vehicles-Is a resolution passed by the
Regional Transport Authority restricting advertisement on transport
vehicles discriminatory against the owners of the transport
vehicles, under the Constitution of India?- T. Rajagopal v. Regional
Transport Authority [2007] AIR 2007 Karn 103 P. 598
Affidavit-Is an affidavit asserting or denying allegations as
correct to the best of the deponent's knowledge a valid affidavit
under Order 9, rule 3 of the Code of Civil Procedure, 1908?- Rite
Approach Group Ltd. v. Rosoboronexport [2007] AIR 2007 Delhi 145 P.
598
Digest of decisions of Tribunal and other Forums
Central Excise & Customs
Customs duty-Classification- Is a notebook/laptop computer akin to a
desktop computer in design? Could additional duty be levied on the
laptop computer treating it as a set of put-together items?-
Commissioner of Customs v. Acer India Pvt. Ltd. 2007 (79) RLT 378
(CESTAT-Bangalore) P. 600
Income-tax
Deduction of tax at source-Is the assessee bound to deduct tax at
source on the amount paid by it to an American company for providing
start-up services for setting up a power plant assessable under
section 9(1)(vii) of the Income-tax Act, when the same was not
covered by the Double Taxation Avoidance Agreement entered into
between India and USA?- Jindal Tractebal Power Co. Ltd. v. Deputy
CIT (TDS) [2007] 291 ITR (AT) 125 (Bangalore) P. 601
Consumer Disputes
Consumer-Could deficiency in servicing an item purchased for
commercial purpose be adjudicated under the Consumer Protection Act,
1986?-Hindustan Latex Limited v. Control Print India Limited III
[2007] CPJ 53 (NC) P. 602
Insurance-Is the insurance company liable for the damage caused to
the insured consignment while it was kept in a godown en route to
its destination? -New India Assurance Co. Ltd. v. Chaman Lal Setla
Export Ltd. III [2007] CPJ 72 (NC) P. 602
STATUTES
Summary of recent statutory changes
Indirect Taxes
Customs
Clarification regarding additional duty of Customs (CVD) on import
of "heeng"/"asafoetida"- F. No. 528/6/2007-Cus( TU), dated May 31,
2007 P. 603
Representation on Customs House Agents Licensing Regulations-F. No.
502/ 6/ 2007-Cus.VI, dated June 8, 2007 P. 603
Implementation of the recommendations of the Joint Working Group on
Transfer Pricing, comprising officers from Income-tax and Customs-
Circular No. 20/2007-Cus. , dated May 8, 2007 P. 603
Scope and coverage of goods imported under Target Plus Scheme-
Clarification- Circular No. 21/2007-Cus. , dated May 8, 2007 P. 604
Removal of port restrictions on import of Tea from Sri Lanka under
India-Sri Lanka Free Trade Agreement vide Notification No. 75/2007-
Cus. dated June 5, 2007 regarding procedure to be followed for
monitoring of Tariff Rate Quota (TRQ)- Circular No. 22/2007-Cus. ,
dated June 5, 2007 P. 605
Service Tax
Difficulties being encountered by Goods Transport Operators in
complying with the provisions of service tax-Circular No. 95/6/2007-
ST, dated June 11, 2007 P. 605
Intellectual Property Law
Intellectual Property Rights (Imported Goods) Enforcement Rules,
2007 P. 606
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