TIOL-DDT 1492 · the untouched capture
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<!DOCTYPE HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN" "http://www.w3.org/TR/html4/loose.dtd"> <html> <head> <title>Untitled Document</title> <meta http-equiv="Content-Type" content="text/html; charset=iso-8859-1"> </head> <body> <p><font size="2" face="Verdana, Arial, Helvetica, sans-serif"><strong><font color="#663366" size="3">TIOL-DDT 1492 </font><br> 23.11.2010 <br> Tuesday</strong></font><font size="2" face="Verdana, Arial, Helvetica, sans-serif"> </font></p> <p align="center"><strong><font color="#006600" size="2" face="Verdana, Arial, Helvetica, sans-serif">Anti Dumping Duty on Polypropylene – Yet another Resurrection</font></strong></p> <p align="justify"><font size="2" face="Verdana, Arial, Helvetica, sans-serif"><strong>PROVISIONAL</strong> Anti Dumping Duty was imposed on import of Polypropylene falling under sub heading 3902 1000 or 3902 3000 originating in, or exported from, Oman, Saudi Arabia and Singapore by<a href="http://www.taxindiaonline.com/RC2/subCatDesc.php3?subCatDisp_Id=23&filename=notification/custom/2009/ctariff09_082.htm" target="_blank"> <strong><em>notification No. 82/2009-Customs, dated the 30th July, 2009</em></strong></a>. </font></p> <p align="justify"><font size="2" face="Verdana, Arial, Helvetica, sans-serif">This Notification expired on 29th January, 2010.</font></p> <p align="justify"><font size="2" face="Verdana, Arial, Helvetica, sans-serif">Now the Government has re-imposed the Anti Dumping Duty for a period of five years w.e.f from the original date that is 30th July 2009. But the Government forgets the fact that the notification expired on 29th January 2010. What is the position for the last ten months? Board is totally silent on this!</font></p> <p align="justify"><font size="2" face="Verdana, Arial, Helvetica, sans-serif">When they cannot keep track of the sun-set clause in their notifications, why should there be a sunset clause at all? Why can't they simply say that all notifications are valid till they are withdrawn? How long will we have to live with this retrospective taxation just because the Board has no machinery to update its notifications? Is it fair to punish the taxpayers for the incompetence of some officers in the Board? Why can't they just make a list of notifications with a sun-set clause and keep track of them? <strong>TIOL</strong> will be glad to assist them if it is acceptable to them. </font></p> <p align="justify"><strong><font size="2" face="Verdana, Arial, Helvetica, sans-serif"><a href="http://www.taxindiaonline.com/RC2/subCatDesc.php3?subCatDisp_Id=23&filename=notification/custom/2010/ctariff10_119.htm" target="_blank">Notification No. 119/2010-Cus: Dated November 19, 2010</a>. </font></strong></p> <p align="center"><strong><font color="#006600" size="2" face="Verdana, Arial, Helvetica, sans-serif">CBI signs MoU with NASSCOM for cyber crime investigation, training and computer forensics</font></strong></p> <p align="justify"><font size="2" face="Verdana, Arial, Helvetica, sans-serif"><strong>CBI</strong> Director Ashwani Kumar said that the cyber crime detection and investigation are crucial to both the government and private sector due to its implications for security and economy. The government and law enforcement agencies on the one hand and the private sector led by the IT companies on the other can come together and forge a collaboration to fight this threat, on the occasion of MoU signing ceremony between CBI and NASSCOM at CBI HQs yesterday. This MoU is to establish collaboration between Law Enforcement Agencies through CHCIT Centre of CBI and the IT Industry through Data Security Council of India (DSCI) and NASSCOM, with the purpose of sharing better awareness on the emerging technologies, security standards, best practices amongst various enforcement agencies globally, newer challenges in managing Cyber crime and preparing the stakeholders in their ability to educate and update themselves in emerging cyber technologies leading to Cyber crime Investigation, Training & Computer Forensics. </font></p> <p align="justify"><font size="2" face="Verdana, Arial, Helvetica, sans-serif">The Director also announced in the gathering that it is only a matter of time when eventually all the exclusive CBI courts (existing & planned) will be converted into e-Courts, therefore, we have to prepare the investigators and prosecutors for this purpose. CBI has already initiated a process in this direction by providing laptops and cell phones to all its investigators and prosecutors and by providing them training in Computers in CBI Academy. </font></p> <p align="center"><strong><font color="#006600" size="2" face="Verdana, Arial, Helvetica, sans-serif">2013 - Centenary of Indian Cinema or Its Obituary - all because of Taxes? </font></strong></p> <p align="justify"><font size="2" face="Verdana, Arial, Helvetica, sans-serif"><strong>INAUGURATING</strong> the 41st International Film Festival of India yesterday, veteran Director Yash Chopra said, “The government-imposed taxes are proving the death knell of the film industry; The industry is going great guns but we must ask ourselves what the government is doing for us? Why are they treating the Indian film industry in such a step-motherly fashion?; The government is bent on implementing all these taxes, service tax, copyright, VAT, stamp duty. If these taxes keep coming it will be very difficult to make films. In 2013, we are celebrating the 100 years of Indian cinema but it may be too late. We may be writing our obituary. These are hard facts. The government must take notice” </font></p> <p align="justify"><font size="2" face="Verdana, Arial, Helvetica, sans-serif">Cinema is the only source of entertainment for India's poor millions and amidst all the glamour there are tragic stories of millionaires becoming paupers in the industry. </font></p> <p align="justify"><font size="2" face="Verdana, Arial, Helvetica, sans-serif">Railway Minister Mamata Banerjee who was the Chief Guest for the function said, "I think Yash Chopra ji is correct. There is too much taxation, which comes under the finance ministry. I will take up the issue with Pranab da. There will be no dadagiri.” </font></p> <p align="center"><strong><font color="#006600" size="2" face="Verdana, Arial, Helvetica, sans-serif">News Channels providing more fun than entertainment channels</font></strong></p> <p align="justify"><font size="2" face="Verdana, Arial, Helvetica, sans-serif"><strong>YOU</strong> don't need movies; you don't need serials; you don't need reality shows for entertainment – our News Channels provide enough entertainment. Just look at some of the news items in the recent past:- </font></p> <blockquote> <p align="justify"><font size="2" face="Verdana, Arial, Helvetica, sans-serif">++ When the Supreme Court asks the Attorney General whether the criteria of impeccable integrity was followed in the appointment CVC, he tells the highest court that if that is taken into consideration, even judicial appointment will come under scrutiny. Hang the messenger of bad news! </font></p> <p align="justify"><font size="2" face="Verdana, Arial, Helvetica, sans-serif">++ There is a Minister who just lost his job on the charge of causing the nation a loss of nearly Rs. 2 Lakh Crores. That is more than twice the budget of many states. Our Films could never imagine deals involving more than a hundred Crores! Anyway the poor in India can never understand what a 2 Lakh Crores means. </font></p> <p align="justify"><font size="2" face="Verdana, Arial, Helvetica, sans-serif">++ The party to which the Minister belongs wants a cabinet berth in his place. </font></p> <p align="justify"><font size="2" face="Verdana, Arial, Helvetica, sans-serif">++ Two top journalists of the two most respected TV channels are caught on tape – of course with illegal phone tapping by the Income Tax Department. </font></p> <p align="justify"><font size="2" face="Verdana, Arial, Helvetica, sans-serif">++ A BJP CM gets into a land scam and refuses to resign to help his party attack the Congress. </font></p> <p align="justify"><font size="2" face="Verdana, Arial, Helvetica, sans-serif">++ A Congress MP's TV channel attacks Madame Sonia Gandhi because he is not given his legitimate hereditary right to the throne which his father was sitting on. </font></p> <p align="justify"><font size="2" face="Verdana, Arial, Helvetica, sans-serif">++ Presiding over all this farce is an honest Prime Minister whose integrity is never questioned. But surely he knows that the Rajahs in his cabinet are actually walking away with the poor peoples' money. </font></p> </blockquote> <p align="justify"><strong><font size="2" face="Verdana, Arial, Helvetica, sans-serif">The Indian panorama now is all about Satyam, Spectrum, Swamy, Sonia, Sushma, Singh and Supreme Court. </font></strong></p> <p align="center"><strong><font color="#006600" size="2" face="Verdana, Arial, Helvetica, sans-serif">Corrupt Corporate Fascism in India - Dawn Report </font></strong></p> <p align="justify"><font size="2" face="Verdana, Arial, Helvetica, sans-serif"><strong>THE</strong> Pakistani newspaper DAWN, yesterday carried a very damning report about India's Corporate Influence and Corruption as if Pakistan is Paradise! The Dawn accuses the Congress, BJP and the CPM of being managed by the Corporate Mafia. And that covers almost the entire political 'spectrum' of India.</font></p> <p align="justify"><font size="2" face="Verdana, Arial, Helvetica, sans-serif">DAWN is very harsh to the Prime Minister when it says, “Prime Minister Manmohan Singh's tenures first as finance minister and then as prime minister have been littered with huge corruption scandals, the Harshad Mehta affair being just one. In fact, the media has rarely put the spotlight on him even though the economic reforms that he is credited with would not be there had his government, when he was finance minister, not bribed a clutch of MPs to pass a trust vote. In other words, the very basis of India's so-called reforms flows from an act of massive corruption which would have sent the prime minister of the day in any other country straight to prison. However, only the tribal MPs who accepted the bribe were jailed, not the bribe givers. Is it not corruption that the current prime minister has abused gaping loopholes in the constitution, with the help of the corporate media, whereby he has not faced the electorate to give him legitimacy during his two terms? And is he really a resident of Assam as he has claimed to find a safe seat to the Rajya Sabha from the remote north-eastern state? Corruption in India is reflected in the very basic fact that you have to be filthy rich and with massive muscle power to fight an election to claim your right as a citizen. Nobody is arguing that this is going to change without a massive political upheaval.” </font></p> <p align="justify"><font size="2" face="Verdana, Arial, Helvetica, sans-serif">The story in DAWN is perhaps written by an Indian! </font></p> <p align="center"><strong><font color="#006600" size="2" face="Verdana, Arial, Helvetica, sans-serif">About 75 percent of the World is Corrupt - Transparency International Survey </font></strong></p> <p align="justify"><font size="2" face="Verdana, Arial, Helvetica, sans-serif"><strong>THE</strong> latest Transparency International Survey reveals that three quarters of the 178 countries in the index score below five, on a scale from 10 (very clean) to 0 (highly corrupt). These results indicate a serious corruption problem. </font></p> <p align="justify"><font size="2" face="Verdana, Arial, Helvetica, sans-serif">Long ago Mrs Indira Gandhi pronounced, “corruption is a global phenomenon”. </font></p> <p align="justify"><font size="2" face="Verdana, Arial, Helvetica, sans-serif">Transparency International (TI) defines corruption as the abuse of entrusted power for private gain. This definition encompasses corrupt practices in both the public and private sectors. The <em>Corruption Perceptions Index </em>(CPI) ranks countries according to perception of corruption in the public sector. The CPI is an aggregate indicator that combines different sources of information about corruption, making it possible to compare countries. </font></p> <p align="justify"><font size="2" face="Verdana, Arial, Helvetica, sans-serif">Denmark, New Zealand and Singapore are tied at the top of the list with a score of 9.3, followed closely by Finland and Sweden at 9.2. At the bottom is Somalia with a score of 1.1, slightly trailing Myanmar and Afghanistan at 1.4 and Iraq at 1.5. </font></p> <p align="justify"><font size="2" face="Verdana, Arial, Helvetica, sans-serif">India is at 87 with a score of 3.3, which means that there are nearly a hundred countries which are more corrupt than we are and that should be real good news. </font></p> <p align="center"><strong><font color="#006600" size="2" face="Verdana, Arial, Helvetica, sans-serif">Customs – Classification - Printer cum fax cum scanner/copier - Printing is principal function – classification under heading 84.71.60 - Supreme Court </font></strong></p> <p align="justify"><font size="2" face="Verdana, Arial, Helvetica, sans-serif"> <strong>THE</strong> Supreme Court yesterday delivered a judgement on the classification of a machine that can print, fax, scan and copy. Is it a printer, a scanner or a copier? As technology develops, the Customs Tariff also has to adapt to the changes. Maybe thirty years ago nobody could have visualized a machine that can print, scan, copy and fax. But the Customs Tariff is supposed to include all possible goods. </font></p> <p align="justify"><font size="2" face="Verdana, Arial, Helvetica, sans-serif">The Supreme Court held that the principal function of the machine was printing and therefore it should be classified under Chapter heading 84.71.60. </font></p> <p><font size="2" face="Verdana, Arial, Helvetica, sans-serif">True to our tradition, we bring you this yesterday's judgement today. </font></p> <p><font size="2" face="Verdana, Arial, Helvetica, sans-serif"><strong>Please see</strong> <strong><a href="http://taxindiaonline.com/RC2/inside2.php3?filename=bnews_detail.php3&newsid=11705" target="_blank">Breaking News</a></strong><a href="http://taxindiaonline.com/RC2/inside2.php3?filename=bnews_detail.php3&newsid=11705">. </a></font></p> <p align="center"><font size="2" face="Verdana, Arial, Helvetica, sans-serif"><strong><font size="2" face="Verdana, Arial, Helvetica, sans-serif"><strong><font color="#006600">Jurispruden</font><font color="#FF6633" size="5">tiol</font><font color="#006600"> – Wednesday's cases</font></strong></font></strong></font></p> <p><font size="2" face="Verdana, Arial, Helvetica, sans-serif"><img src="http://www.taxindiaonline.com/RC2/image/stories/ddt_hammer.jpg" alt="Legal Corner Icon" width="100" height="84" hspace="5" border="0" align="left"><strong><font color="#663399">Import & Export (Control) Act </font></strong></font></p> <p align="justify"><strong><font color="#FF6633" size="2" face="Verdana, Arial, Helvetica, sans-serif">Penalty – The Sub clause under which penalty is attracted not mentioned in order; order not sustainable: </font></strong></p> <p align="justify"><font size="2" face="Verdana, Arial, Helvetica, sans-serif"><strong>SECTION</strong> 4-I IEC Act is a penal provision which admits only of a strict construction. It sets out the circumstances under which the importer's liability to pay penalty up to five times the value of the import gets attracted. A careful reading of the various sub-clauses of Section 4-I IEC Act would show that the failure to fulfil an export obligation is not listed out expressly as an instance attracting the liability to pay penalty thereunder. In the circumstances, if the ADGFT in the instant case intended to levy a penalty on the Petitioner under Section 4 –I IEC Act, it was incumbent on him to indicate which of the sub-clauses of Section 4-I (1) IEC Act stood attracted. On this aspect, there can be no doubt that the there was non-application of mind by the ADGFT. </font></p> <p><strong><font color="#663399" size="2" face="Verdana, Arial, Helvetica, sans-serif">Income Tax</font></strong></p> <p align="justify"><strong><font color="#FF6633" size="2" face="Verdana, Arial, Helvetica, sans-serif">Sec 276B - Whether, for launching prosecution against Director of company, AO needs to issue notice u/s 2(35) expressing intention to treat him as 'principal officer' - YES, says Delhi High Court </font></strong></p> <p align="justify"><font size="2" face="Verdana, Arial, Helvetica, sans-serif"><strong>THE</strong> issue before the High Court is - Whether, for launching prosecution under Section 276-B of the Act against the directors of a company, Assessing Officer has to issue notice under Section 2(35) of the Act expressing his intention to treat such directors of a company as “principal officers”. And the High Court says YES. </font></p> <p align="justify"><strong><font color="#663399" size="2" face="Verdana, Arial, Helvetica, sans-serif">Central Excise</font></strong></p> <p align="justify"><strong><font color="#FF6633" size="2" face="Verdana, Arial, Helvetica, sans-serif">Revenue wins Gutka battle – CESTAT on remand from Supreme Court holds that Gutka is classifiable under CSH 2106.00 and is assessable under Section 4A. </font></strong></p> <p align="justify"><font size="2" face="Verdana, Arial, Helvetica, sans-serif"><strong>THE</strong> Appellants are manufacturers of Pan masala containing Tobacco called Gutka and the common point of dispute is as to whether during the period from November 2000 to 28th February 2001,Gutka was classifiable under Sub-heading 2106.00 pertaining to Pan masala, as claimed by the Department or under Sub-heading 2404.40 pertaining to chewing tobacco and preparations containing chewing tobacco. </font></p> <p><strong><font color="#663399" size="2" face="Verdana, Arial, Helvetica, sans-serif">See our columns Tomorrow for the judgements </font></strong></p> <p><font color="#FF6666" size="2" face="Verdana, Arial, Helvetica, sans-serif">Until Tomorrow with more <strong>DDT</strong></font></p> <p><font color="#FF6666" size="2" face="Verdana, Arial, Helvetica, sans-serif">Have a nice DAY.</font></p> <p><font color="#FF6666" size="2" face="Verdana, Arial, Helvetica, sans-serif">Mail your comments to</font><font size="2" face="Verdana, Arial, Helvetica, sans-serif"> <a href="mailto:vijaywrite@taxindiaonline.com"><strong>vijaywrite@taxindiaonline.com</strong></a></font></p> </body> </html>