From our Legal Corner - Tomorrow's cases
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By Vijay Kumar

Income Tax

Gutka as understood in common parlance is a 'tobacco preparation' and 'chewing tobacco' Dhariwal Industries loses mega case - Not entitled to Sec 80I benefits : ITAT Special Bench

FOR direct and indirect taxes, it is a settled view that the Tribunals are the highest fact-finding bodies. What re-establishes this view more emphatically is the present case decided by a Pune Special Bench. This was set up following two conflicting decisions on the issue of whether gutkha or gutka containing marginal quantity of tobacco qualifies as a 'tobacco preparation' enumerated by the negative list and, is therefore not eligible for sec 80I/80IA benefits.

TDS credit - firm vs partners - If dividend income is assessed in hands of assessee-shareholder, proviso to Sec 199 not to apply and credit to assessee cannot be denied : Bombay HC

THE AY is 1972-73. And the issue before the High Court is : who - the firm or the partners - are entitled to avail credit for TDS deducted on dividend income?

Central Excise

SSI exemption - brand name owner need not manufacture identical goods it is enough if he is also eligible for the SSI exemption - Supreme Court

The respondents are manufacturers of aerated water. They are SSI units. They manufactured aerated water and cleared the same after affixing the brand name &quotCitra&quot during the period 1993-94. The brand name belonged to another person namely M/s Limca Flavours and Fragrances Ltd which was eligible for exemption (as SSI unit) under Notification No.1/93-CE dated 28.2.1993. These facts are not in dispute.

Customs

Titan gets relief in MRP related case : Tribunal sets aside Rs 3.75 Cr CVD demand and equal penalty on button cells imported

THIS is yet another dispute on the applicability of Section 4 or 4A of the Central Excise Act for arriving at the value of the goods. When the initial disputes on the subject were limited to the payment of excise duty on manufactured goods to be settled only by the Supreme Court recently, with the extension of these provisions to the goods imported, the disputes on payment of CVD are relatively fresh.

See our columns tomorrow for the judgements