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    September 30, 2008
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    Third party information collection strengthens tax compliance through mandatory capacity and input returns to detect evasion.
    Central Government notifications mandate enhanced reporting to detect excise tax evasion: an annual installed capacity statement ER-7 must be filed declaring factory production capacity; small scale exemption declarations must include PAN, VAT registration and electricity connection details; field formations are to obtain electricity consumption data to verify declared production. Filing criteria for ER-4, ER-5 and ER-6 have been tightened for larger duty paying assessees, and regular analysis of these returns and third party information is to be used to identify evasion.
    September 22, 2008
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    Website development expense characterization: intent and accretion determine revenue treatment, not mere enduring benefit.
    Whether website development costs are capital or revenue depends on the intent and purpose and on whether there is accretion to fixed capital; a website serving to disseminate information and publicize services, analogous to printed brochures, does not change fixed capital and is revenue expenditure despite providing an enduring benefit.
    September 22, 2008
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    Characterisation of land sale as capital gain when plots sold without intention of trade, despite subdivision for better price.
    Proceeds from piecemeal sale of plots carved out of a parcel acquired earlier and sold after removal of ceiling-law restrictions remain disposal of a capital asset where there is no evidence the land was purchased with intent to trade or that the seller was a regular real estate dealer; subdivision and marketing to obtain better price do not by themselves convert the transactions into an "adventure in the nature of trade".
    September 20, 2008
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    Dispute Resolution Scheme applicability clarified: covers pre-existing show-cause notices adjudicated later and qualifying revision orders.
    The Dispute Resolution Scheme applies where show-cause notices were issued before the operative cut-off but adjudicated after it, and extends to commissioner revision orders when the original order was issued before the cut-off, establishing eligibility criteria for admission into the scheme.
    September 20, 2008
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    Processing of returns: new instructions prioritize return handling and expedite refund claim disposal under income tax.
    Instructional measures establish a scheme to expedite processing of income-tax returns and prompt disposal of refund claims by setting processing priorities and procedural directions; separate guidance mandates intensified scrutiny for high-value returns and returns involving fringe benefit tax issues to ensure appropriate examination before finalisation.
    September 17, 2008
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    Foreign direct investment approvals across sectors, with multiple proposals deferred and one proposal rejected following review.
    Twelve foreign direct investment proposals recommended by the Foreign Investment Promotion Board were approved across multiple ministries for actions including capitalization of pre incorporation expenses, share transfers, conversion of operating companies into operating cum holding companies for downstream investment, induction of foreign equity, and establishment of joint ventures; several approvals are subject to sectoral conditions in policy notes. Nine proposals were recommended for deferral due to route, activity overlap or structural concerns, and one application for ex post approval of holding company activity was rejected.
    September 14, 2008
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    Works contract classification of tripartite developer agreements challenged, prompting reconsideration of Raheja Development precedent by larger bench.
    The central question is whether tripartite agreements qualify as works contract: Raheja held that agreements entered before completion, where construction is carried out for and on behalf of the purchaser, remain works contracts despite developer lien or termination rights; if the unit is retained on termination or the agreement is post construction, works contract character ceases. A later bench questioned Raheja's breadth, found classifying tripartite agreements as works contracts prima facie problematic and referred the matter to a larger bench.
    September 10, 2008
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    Unjust enrichment prevents refund of wrongly paid service tax unless claimant proves no recovery from clients.
    Refund claims for service tax paid by mistake are governed by the unjust enrichment principle; claimants must prove they did not recover the tax from customers because the central excise refund framework has been applied to service tax. Absent adequate documentary evidence to discharge the burden of proving no recovery, refunds will be denied.
    September 10, 2008
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    Priority of deductions under section 80HH and 80I: both deductions apply to gross income without offsetting one against the other.
    The Assessing Officer applied section 80I to gross total income reduced by the section 80HH deduction; multiple High Court decisions and the Department's conduct supported following the prior line of authorities, leading to the position that deductions under both provisions are to be applied on the gross amount without subtracting one exemption before computing the other.
    September 5, 2008
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    Foreign Direct Investment approvals across sectors authorise downstream investments, WOS formation, equity conversions, and deferred cases need further scrutiny.
    Seventeen proposals for Foreign Direct Investment were approved across multiple sectors, authorising conversions of operating companies into operating cum holding companies for downstream investments, equity issuances and warrant conversions, establishment of wholly owned subsidiaries for retail and wholesale trading, induction of foreign equity up to specified percentages in infrastructure and telecom entities, and amendments to permit downlinking. Nine proposals were deferred for further scrutiny, largely involving post facto regularisation, convertible instruments, WOS formation and downstream investment permissions. One proposal for cash and carry wholesale trading was rejected and certain large proposals were recommended for higher executive review.
    September 2, 2008
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    Excise duty exemption extended to certain branded packing materials, subject to specified turnover limit and effective date.
    Notification No. 47/2008 amends the SSI exemption by permitting goods bearing another's brand to qualify for exemption when they are specified packing materials (printed cartons, metal containers, HDPE woven sacks, adhesive tapes, stickers, PP caps, crown corks and metal labels), subject to the notification's conditions and a turnover eligibility ceiling for the remainder of the financial year, effective 1 September 2008.
    September 2, 2008
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    Export Growth rose year over year but stronger import growth widened the merchandise trade deficit.
    Exports rose in July 2008 and for April-July 2008 compared with the same periods in 2007, measured in both dollar and rupee terms, while imports grew at a faster rate. Oil and non oil import categories are reported separately, with oil imports exhibiting substantially higher growth. The faster growth in imports produced a larger trade deficit for April-July 2008 versus April-July 2007. The statistics are presented as provisional, with 2007-08 figures noted as the latest revised numbers.

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