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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.
August 31, 2008
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Applicability of Section 269SS/269T on firm-partner deposits upheld; penalty waived where bona fide belief prevailed in assessment.
Applicability of Section 269SS and Section 269T to firm-partner deposit receipts and repayments: the Assessing Officer treated cash deposits and repayments as contraventions and imposed penalties, while the appellate tribunal found the provisions applicable but waived penalties due to a bona fide belief, a view later affirmed on further challenge.
August 26, 2008
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Repayment of government stock: maturity payable with electronic credit or pay order; holders must provide bank details or tender certificates.
Repayment is payable at par on maturity with interest ceasing from that date; if the maturity falls on a Negotiable Instruments Act holiday in a State, repayment will occur on the prior working day. Payment to registered holders must be by pay order with bank particulars or by electronic credit to a bank account capable of receiving electronic funds. Holders must submit bank account particulars in advance; absent such particulars, holders may tender duly discharged certificates at designated paying offices twenty days before maturity to obtain repayment, and detailed procedure is available from those offices.
August 23, 2008
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Advance tax and TDS growth shows combined increase driven by higher TDS, challenging evidence of an economic slowdown.
Corporate June-quarter collections show that advance tax grew at a lower rate this year while corporate TDS rose substantially, with companies offsetting estimated TDS against advance tax liabilities. Combined advance tax plus TDS growth exceeded advance tax growth alone. Top-ten corporates registered modest advance-tax growth due to sectoral shocks, top-100 showed higher growth, and overall company advance-tax growth was driven by proportionately strong payments from small and medium enterprises.
August 23, 2008
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Leather sector development programme expands training, subsidy support and co funded environmental measures to boost skills and competitiveness.
The Indian Leather Development Programme for the XI Plan period is a federal initiative funding infrastructure, capacity building, HRD and environmental compliance: it provides for three new institutes, an HRD Mission to train rural non traditional workers with placement targets, artisan support and saddlery R&D, a revised capital subsidy scheme extending assistance to new units, and a co funded environmental grant mechanism with industry bearing operation and maintenance.
August 20, 2008
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Collateralisation of savings bonds now permits pledge or lien to secure bank loans under government securities rules.
Holders of specified Savings Bonds are authorised to create pledge, hypothecation or lien in favour of scheduled banks as collateral for loans, to be effected in accordance with the Government Securities Act and the Government Securities Regulations; all other terms and conditions of the bonds remain unchanged.
August 19, 2008
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Service tax on commercial property rentals challenged as beyond parliamentary competence and stayed pending consolidated adjudication.
Challenge to the levy of service tax on rental income from commercial properties raises the question whether Parliament has competence to impose tax via the Finance Act 2007 on leasing, letting, renting or similar arrangements of immovable property used for business. The Centre seeks transfer and consolidation of multiple writ petitions filed by retailers, developers and multiplex owners to avoid conflicting high court decisions and to obtain a uniform constitutional determination.
August 3, 2008
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DVAT schedule amendments adjust international entries and modify the rate of reduction of tax credit under VAT rules.
The Sixth Schedule of the DVAT Act, 2004 is revised to modify entries for Singapore and Germany and to insert entries for Bahrain, while Rule 7 of the Delhi Value Added Tax Rules, 2005 is amended to modify the rate of reduction of tax credit, changing how input tax credits are reduced under the Rules.
August 2, 2008
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Trade deficit widens as exports and imports grow, with oil imports outpacing non oil imports and raising concerns.
Provisional June 2008 merchandise trade figures show exports rising ~23.5% year on year and imports ~25.9% in dollar terms; April-June cumulative exports increased ~22.3% and imports ~29.7%. Rupee term growth rates are higher. Oil imports grew substantially faster than non oil imports, substantially widening the April-June trade deficit compared with the previous year. 2007-08 figures are revised; 2008-09 figures are provisional.
July 27, 2008
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Deductibility of material costs in photography service: conflicting rulings create uncertainty on taxable service value.
The core issue is whether material costs used in providing photography services can be deducted from the gross service value. The Board clarified that Notification No. 12/2003 exempts only goods sold with documentary evidence and not goods consumed during service; a Supreme Court decision treated materials as non-deductible. Contrarily, multiple tribunal rulings have permitted deduction of goods/material value, sometimes without invoice particulars, resulting in divergent authorities and uncertainty in computing taxable service value for photography services.
July 23, 2008
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Civil nuclear cooperation: the 123 Agreement enables industrial-scale collaboration but requires entry into force and further accords.
The Government attributes agricultural turnaround and rural welfare gains to targeted programmes, expanded farm credit, rural infrastructure funding, and a large farm debt waiver benefiting millions. On civil nuclear policy, the 123 Agreement is described as an enabling treaty that requires completion of domestic and diplomatic preconditions to enter into force; once ratified by the US legislative process it will govern bilateral implementation in accordance with international law, with domestic US statutes not determinative of India's obligations.
July 18, 2008
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TDS/TCS documentation: absence of certificates should not preclude credit when return schedules claim tax, subject to verification.
Returns (except ITR-7) are to be filed without annexures; TDS/TCS certificates, challan counterfoils and other documents need not be attached and will be returned if submitted. ITR-V is an acknowledgement receipted with a Return Receipt Number and kept separately. Credit for TDS/TCS is allowed based on return schedules subject to verification, and assessing officers shall not disallow claims solely because supporting certificates or challans were not filed. Taxpayers must retain originals and produce them when requested.

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