Statutes Story 2009-08-27

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Online PR News – 28-August-2009 – – Case Laws-Direct Tax Laws -From Itat

Section 80RR Deductions - Creation of an author can be either in a form of a book, a journal, magazine, newspaper, etc., and such a creation can be result of freelancing or freelance writing - A. Kaleshwar v. Assistant Commissioner of Income-tax - [2009] 119 ITD 303 (HYD.) [IT APPEAL NOS. 355 AND 368 (HYD.) OF 2004 AND 1236 (HYD.) OF 2007]

Section 80-IB deductions - Different activities in process of storage of agricultural produce themselves can be considered as ‘cold storage chain facility’ as defined in section 80-IB(11) - Income-tax Officer, IV(1) v. Ambika Sheet Grah (P.) Ltd. - [2009] 119 ITD 235 (AGRA) [IT APPEAL NOS. 339, 340 AND 342 (AGRA) OF 2004 AND 298 (AGRA) OF 2006 C.O. NOS. 9 (AGRA) OF 2005 AND 56 (AGRA) OF 2006


Powers of ITAT to make an order regarding admissibility of an appeal filed by a State Government Undertaking without approval of Committee of Disputes (COD) - It is not possible to expand the scope of directions made by the Supreme Court in the cases of ONGC v. Collector of Central Excise ([1995] Supp (4) SCC 541); ([2004] 6 SCC 437) and Chief Conservator of Forests, Government of AP v. Collector ([2003] 3 SCC 472) so as to include a dispute between a Department of the Central Government and a State Government Undertaking; there is, therefore, no requirement for a State Government Undertaking to approach the COD for obtaining its clearance for filing appeal before ITAT in respect of its dispute with the Income-tax Department - Gujarat Mineral Development Corpn. Ltd. v. Income-tax Appellate Tribunal [Special Civil Application No. 27735 of 2007 with Tax Appeal No. 26 to 29 of 2007]

Service Tax -From Cestat

Penalty - Principle laid down in UOI v. Dharmendra Textile Processors [2008] 166 Taxman 65 (SC), that penalty under section 11AC of Central Excise Act, 1944, could not be avoided on ground that duty amount was paid by assessee prior to issuance of show-cause notice cannot be applied in cases of penalty levied under sections 76 and 77 - Kedia Business Centre v. Commissioner of Central Excise - [2009] 21 STT 405 (MUM. - CESTAT) [ORDER NO. A/136 OF 2009/SMB/C-IV APPEAL NO. ST/265 OF 2005]

Port Services - Where Assessee was providing clearing and forwarding and stevedoring services It was holder of a stevedoring licence issued by a Port Trust, various activities undertaken by it inside and outside port area on behalf of its clients which included loading and unloading of cargo, would not be liable to service tax under category of ‘port services’ under section 65(82) - South India Corporation (Agencies) Ltd. v. Commissioner of Central Excise - [2009] 21 STT 345 (BANG. - CESTAT) [FINAL ORDER NOS. 539-542 OF 2009 & APPEAL NOS. ST/330, 331, 318 & 348 OF 2007]

Valuation of taxable service - In case of Air Travel Agents - Bajaj Travels Ltd. v. Commissioner of Central Excise, - [2009] 21 STT 412 (NEW DELHI - CESTAT) [FINAL ORDER NOS. ST/198-199/2009-CUS. (BR.) APPEAL NOS. ST/111 & 440/2006-CUS. (BR.)]

From sc/hc

Supreme Court on interpretation of word “input” as defined in Rule 2(g) of Cenvat Credit Rules, 2002 - The definition of “input” brings within its fold, inputs used for generation of electricity or steam, provided such electricity or steam is used within the factory of production for manufacture of final products or for any other purpose - Maruti Suzuki Ltd. v. CCE [Civil Appeal No. 5554 of 2009]

Corporate Laws

Section 620A of the Companies Act, 1956 - Power to modify Act in its application to Nidhis, etc. - Notified Nidhi - Notification No. GSR 522(E), dated 14-7-2009

Competition Commission of India (Lesser Penalty) Regulation, 2009 - Notification no. No. L-3 (4)/reg-l.p./2009-10/cci, dated 13-8-2009

Direct Tax Laws

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Section 35AC, sub-section (1) read with Explanation (b) thereto, of the Income-tax Act, 1961 - Eligible projects or schemes, expenditure on - Notified eligible projects or schemes - NOTIFICATION NO. 77/2009 [F. NO. NC-274/12/2009]/SO 2039(E), DATED 6-8-2009

Section 35AC, sub-section (1) read with Explanation (b) thereto, of the Income-tax Act, 1961 - Eligible projects or schemes, expenditure on - Notified eligible projects or schemes - NOTIFICATION NO. 78/2009 [F. NO. NC-274/12/2009]/SO 2040(E), DATED 6-8-2009

Service Tax

Section 23A of the Central Excise Act, 1944 - Advance Rulings - Definitions - Notification No. 21/2009-CE (N.T.), dated 20-8-2009

Section 96A of the Finance Act, 1994 - Definitions - Notification No. 27/2009-ST, dated 20-8-2009

Export of services (Amendment) Rules, 2009- Amendment in rule 3 - Notification No. 25/2009-Service Tax, dated 19-8-2009

New Services liable to Service Tax from 1-9-2009 - Notification No. 26/2009-Service Tax, dated 19-8-2009

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