Jurisprudentiol – Friday's cases
Legal Corner Icon — the image was hosted by the publisher and was not captured.Income Tax
IT tunes for Farah khan - Jo Jeeta Wohi Sikandar – Her first film – no money only fame - Anything disclosed in return of income prior to date of search is a matter of regular assessment and outside purview of block assessment. - ITAT
The Assessee is Cine choreographer Farah Khan and the issues pertain the Block assessment period 1.4.1989 to 27.7.1999, after a search. Both the assessee and the Revenue are in appeal before the ITAT against the order 5.12.2003 of the CIT(A). Several grounds are taken by both the appellants.
Jo Jeeta Wohi Sikandar – Her first film – no money only fame: In her Statement the assessee had stated that she has received certain amounts for the work done by her for different films such as A. Jo Jeeta Wohi Sikandar , Kabhi Haan Kabhi Naan , Border, Badshah , Mast. Not being satisfied with the various explanations given by the assessee, the AO made an addition of Rs. 1 lakh on estimate basis on account of film “ Jo Jeeta Wohi Sikander ” which was completed in FY 1991-92 and where the assessee did four songs. Similarly, the AO made estimated addition of Rs.1 lakh for the services rendered by the assessee for the film Border for AY 1997-98. She submitted that the film “Jo Jeeta Wohi Sikandar ” was her first film assignment and she was obliged by the producers by giving her chance. Therefore, the estimation of income by the AO is very much in the higher side.
Customs
Treating intra-departmental correspondence as appealable order – CESTAT deprecates this practice as illegal and un-judicial and sets aside order of Commissioner (Appeals).
The following is the noting made in a case file on page 20 thereof by the Appraising Officer and which was put up to the Assistant Commissioner of Customs, JNCH , Nhava Sheva –
“Please refer party's request – if approved, we may intimate the Exporter that their request for deletion of CVD endorsement cannot be considered at this stage.”
Before you fathom as to wherefrom did we get this noting extract, whether it was by way of an RTI application or otherwise, let us tell you the truth . This noting copy was procured by the party whose application's ‘fate' was being discussed in the case file.
Central Excise
Value of software loaded in ATMs manufactured is prima facie includable in assessable value of ATMs from 1.1.2007– CESTAT orders pre-deposit of Rs 3 crores .
The dispute period is January 2007 to March 2008. The appellant is engaged in manufacture of ATMs which are cleared on payment of duty. The appellant has been including the value of Windows software loaded in the ATMs. However they are not including the value of Aptra software which is also loaded in the ATMs. The appellants placed reliance on the decisions of Supreme Court in case of PSI Data Systems Ltd. Vs. CCE , CCE Vs. Acer India Limited and Hewlett Packed India Sales Vs. CC to contend that the value of the software is not includable in the assessable value of the ATMs.
Until Tomorrow with more DDT
Have a nice day.
Mail your comments to vijaywrite@taxindiaonline.com