Jurisprudentiol – Monday's cases

By Vijay Kumar

Legal Corner Icon — the image was hosted by the publisher and was not captured.Customs

Goods to be classified under CTA 90.01 should primarily be optically worked CESTAT

PROTECTIVE spectacles and goggles generally consist of plain or curved discs of ordinary glass (whether or not optically worked or tinted) , of plastic, of glass, etc. and these include sunglass. These Notes further indicate that sunglasses could be used by mountaineers, airmen, motorists, motorcyclists, welders, foundry workers, etc. Nowhere is it stipulated that these items would not be classified under SH 9004.10 unless these are fitted with arms or other accessories for the purpose of being mounted.

Income Tax

Sec 50C - Surrender of tenancy right which is capital in nature, cannot be equated with transfer of land and building and no market value can be applied for valuation of such rights: ITAT

THE key question before the Tribunal is whether the surrender of tenancy right, though capital in nature, can be equated with the transfer of land and building within the meaning of section 50C , and hence market value may be applied for the valuation of these rights. And the straight answer is NO.

Service Tax

Activity of cutting of sugarcanes and its loading and transportation up to sugar factory is not services ‘Clearing and Forwarding Agents - CESTAT

THE activity of cutting of sugarcanes and its loading and transportation up to the sugar factory is not the services ‘Clearing and Forwarding Agents'. We, further find that the second show cause notice was issued to the appellants cover the services rendered by the appellants under the ‘Goods Transport Operator' services.

See our columns Monday for the judgements