TIOL-DDT 171 · the untouched capture
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<p><font size="2" face="Verdana, Arial, Helvetica, sans-serif"> <b><font color="#663399" size="3">TIOL-DDT
171</font><br>
03 08 2005<br>
Wednesday</b></font></p>
<p align="center"><font color="#006633" size="2" face="Verdana, Arial, Helvetica, sans-serif">
<b>Bureaucratic veil lifted – CBEC publishes instructions</b></font></p>
<p><font size="2" face="Verdana, Arial, Helvetica, sans-serif"> The hype created
by the elusive Board instructions on Service Tax which remained a secret document
that the Board was not really willing to make public, is over. We in TIOL
had requested the Board to make the instructions public in public interest
and we are happy to report that Board had conceded to public opinion and made
the instructions public with even a PIB release about the circular and all
the major TV channels had announced the great event while netizens of TIOL
were aware of the instructions four days ago. In all humility, we appreciate
the Board gesture in making the instructions available to the public and promise
our netizens that we will continue to champion such causes in public interest.<br>
<br>
Now you can see the full text of the <a href="http://www.taxindiaonline.com/RC2/subCatDesc.php3?subCatDisp_Id=41&filename=notification/servicetax/2005/doletter2005.htm">instructions.
</a></font></p>
<p align="center"><font color="#006633" size="2" face="Verdana, Arial, Helvetica, sans-serif"><b>Srinagar
Airport appointed for import and export of all goods</b></font></p>
<p><font size="2" face="Verdana, Arial, Helvetica, sans-serif"> As per Section
7 of the Customs Act, the Board shall appoint ports and airports which alone
shall be ports and airports for loading of export goods and unloading of imported
goods. Accordingly Notification No. 61/94 and 62/94 – cus NT have notified
certain ports and airports for this purpose. DDT has pointed out several times
that in the notification, Vizag is notified as a port only for loading of
export goods but <b>NOT</b> for import of goods, but the Vizag Customs earns
nearly a thousand Crores from Revenue on import of goods, which is totally
illegal as per the notification. We hope one day the Government will rectify
this defect.<br>
<br>
Coming back to Srinagar, as per Notification No. 61/94, Srinagar was declared
as an airport only for certain limited purposes. Now it is declared as an
airport for all imports and exports. <br>
<br>
<a href="http://www.taxindiaonline.com/RC2/subCatDesc.php3?subCatDisp_Id=24&filename=notification/custom/2005/cnt05_071.htm">NOTIFICATION
NO. 71/2005-Cus., (N.T.), Dated: August 1, 2005</a></font></p>
<p align="center"><font color="#006633" size="2" face="Verdana, Arial, Helvetica, sans-serif">
<b>Once a Tribunal decision is accepted, government cannot change its stand
in another case</b></font></p>
<p><font size="2" face="Verdana, Arial, Helvetica, sans-serif"> The Supreme
Court last week held that once the Government took a conscious decision to
accept the principles laid down in a Tribunal decision, it should not be allowed
to go back and take an opposite view in another case. The issue was Modvat
credit on spares of rope way used for transporting limestone from mines to
cement plant. Government had conceded the issue before the Supreme Court in
the JK Udaipur case and now the Supreme Court did not allow the government
to take the opposite plea as then the law will be in a state of confusion
and will place the authorities as well as the assessees in a quandary. Consistency
is obviously more important than winning a case.<br>
<br>
<a href="http://www.taxindiaonline.com/RC2/subCatDesc.php3?subCatDisp_Id=50&filename=legal/sc/2005/2005-TIOL-99-SC-CX.htm">See
our Supreme Court case in Today’s Breaking News</a>.</font></p>
<p align="center"><font color="#336633" size="2" face="Verdana, Arial, Helvetica, sans-serif">
<b>Subletting of government quarters- a lucrative part - time business</b></font></p>
<p><font size="2" face="Verdana, Arial, Helvetica, sans-serif"> Getting Government
accommodation especially in Lutyen's Delhi is a great privilege and the best
way for some allottees at least is to put it to better use like sub letting.
As per the information given by the Minister of Urban Development, a huge
number of government quarters in Delhi have been rented out by the allottees
and the government conducts inspection regularly to detect subletting. In
the year 2005 out of 231 quarters inspected 93 were sub let. </font></p>
<p align="center"><font color="#006633" size="2" face="Verdana, Arial, Helvetica, sans-serif"><b>What
is the role of DGFT?</b></font></p>
<p><font size="2" face="Verdana, Arial, Helvetica, sans-serif"> This is a question
which many would like to get the answer for. And an honourable Member of Parliament
wanted an answer.<br>
<br>
“The primary role of Directorate General of Foreign Trade (DGFT) is
promotion of India’s foreign trade by implementing various export promotion
schemes. Before 1991, Directorate General of Foreign Trade worked more as
a regulator but in the post WTO liberalized economic scenario, Directorate
General of Foreign Trade is required to play a more effective and wide ranging
role as a trade facilitator. DGFT is required to act as a resource centre
for trade information, as a monitoring agency for imports and exports and
as a support organisation for WTO negotiations”<br>
<br>
This is what the Minister of State for Commerce informed the Lok Sabha yesterday.
</font></p>
<p align="center"><font color="#006633" size="2" face="Verdana, Arial, Helvetica, sans-serif"><b>Provide
funds for each new law – Supreme Court </b></font></p>
<p><font size="2" face="Verdana, Arial, Helvetica, sans-serif">The Supreme Court
asked the Centre to carry out a requirement of judicial infrastructure and
necessary financial allocations before enacting a new law. <br>
<br>
It also observed that the present system of imposition of minimum cost or
no cost at all has given rise to frivolous litigations and suggested imposition
of heavy cost to weed out frivolous litigations. Till date hundreds of new
laws have been enacted giving geometrical growth to the litigation, but there
had been no corresponding increase in the number of courts leading to delay<br>
<br>
The court has asked the Centre and states either to implement all its suggestions
and file an action taken report within four months or approach the Court if
they wanted any modification to these suggestions. <br>
<br>
May be the Revenue departments should also be made to pay exemplary costs
whenever they file or cause unnecessary litigation, especially when lower
authorities with impunity flout appellate orders.<br>
<br>
<font color="#FF6666"><b>Until Tomorrow with more DDT<br>
<br>
Have a nice day. <br>
<br>
Mail your comments to</b></font> <a href="vijaywrite@taxindiaonline.com">vijaywrite@taxindiaonline.com
</a></font> </p>
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