From our Legal Corner - tomorrow's cases
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Anti Dumping
Mid-term review and withdrawal of anti-dumping duty on borax decahydrate from Turkey upheld by Tribunal
ANTI-DUMPING duty on Borax Decahydrate originating or exported from People's Republic of China and Turkey was imposed provisionally vide Notification No 90/2003 Cus dated 10th June 2003 and based on the findings of the DGAD, definitive Anti-Dumping duty was imposed vide Notification No 2/2004 Cus Dated 7.1.2004.
The mid-term review and discontinuation of the Anti-Dumping duty was challenged by the domestic Industry on various grounds.
The CESTAT while examining the above contention held that the goods were exported from Turkey to India and it is not as if that the goods were sent to Singapore for being exported to India.
Central Excise - credit
No credit on furnace oil used in generation of electricity supplied to residential quarters within the factory : Bombay HC
THE question before the High Court was - "Whether the Tribunal was justified in holding that the assessee is not entitled to input duty credit on furnace oil used for generation of electricity supplied to the residential colony of the employees of assessee situated within the precincts of the manufacturing area forming part of the premises licenced under the Central Excise Act"
Within the approved area, the assessee has set up a captive power plant. The electricity generated in the said power plant is used in the manufacturing as well as non manufacturing activities.
And so Revenue wins. What would have been the position if the electricity was sold or wasted in the factory?
Is the law that the factory can use the electricity for air conditioning the bathroom but cannot use it to provide a light to the supervisor's house? Laws are strange!
Income Tax
Transit house - expenses for repair and staff salary not deductible; Interest payment should be set off against interest income - Inter-corporate deposits do not qualify for relief u/s 80HH : Orissa HC
Until Tomorrow with more DDT
Have a nice day.
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