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Central Excise
Captively consumed methane gas – Revenue has not proved marketability; not excisable – Supreme Court
The issue involved in the present appeal is whether Methane gas classifiable under Chapter Heading 2711.29 specified in the Schedule to the Central Excise Tariff Act, 1985 is liable to excise duty when consumed captively and not marketed.
The respondent-assessee was engaged in the manufacture of de-natured Ethyl Alcohol and during the manufacture of de-natured Ethyl Alcohol, a residue known as spent wash comes into existence and the same is reacted in a closed type digester and Methane gas is produced which, in turn, is used by the respondent as fuel in distillery.
The Adjudicating Authority, vide order dated 03rd April 2001, confirmed the demand.
Easehaler value, whether to be included in value of Easecap – Tribunal grants waiver of pre-deposit and orders Stay
FOR asthmatic patients, invention of Easehaler is a boon. Easehaler, a patient-friendly device is one of the smallest dry powder inhalers of its kind available in the world and is very easy to carry. Transparent new Easehaler device ensures inhalation of full dose of medication, while the unique design of the device helps full intake of the drug into the lung even at a low inspiratory flow rate. Asthmatic patients find this device easy to use, easy to monitor and very affordable in price. The Easehaler device made of plastic can be used with dry powder inhalation therapy like, Vent, Vent SF, Vent Plus and Vent FB.
Vent FB is an internationally well-accepted fixed dose combination of quick acting bronchodilator, Formoterol with dependable inhaled corticosteroid, Budesonide to improve lung function and Peak Expiratory Flow Rate (PEFR) of asthma patients.
There are other similar drugs available in the market viz. Budamate Transcaps to be used with Transhaler.
Income Tax
Newsy NDTV wins income tax case; Tribunal quashes invocation of powers u/s 263 and holds 'records' does not include only assessment order but also submissions made by assessee
IN an interesting order which has gone in favour of noted news channel NDTV Ltd, the Tribunal has once again observed that the revisionary powers of the Commissioner of Income Tax u/s 263 should be invoked with due caution, and only when the twin conditions prescibed by the Apex Court in the Malabar Industrial case () are satisfied i.e the order should not only be erroneous but also prejudicial to the interests of revenue. However, in this case which revolves around the exports of news software and other broadcast programmes and the assessee claiming deduction u/s 80HHF, the Tribunal found that the objections raised by the CIT were without any legs and no independent inquiry was conducted to rebut the findings of the AO.
Service Tax
Service Tax - Port services – Velji upheld : Supreme Court
In HOMA ENGINEERING WORKS - 2007-TIOL-769-CESTAT-MUM, the Tribunal had held that Ship repairs done in port is not a port service : Board Circular not in accordance with law; In VELJI P & SONS (AGENCIES) PVT LTD - 2007-TIOL-1452-CESTAT- AHM - CESTAT relying on the Homa case held that Port Services - vis-à-vis Custom House Agent - Services rendered by the appellant are hiring of the barges, cranes, forklifts etc., and as such services not required to be rendered by the Port cannot be treated as ‘Port Services’. Against, this case, the Revenue is in appeal before the Supreme Court.
As the Revenue had not filed any appeal against the Homa case, the Supreme Court dismissed this appeal.
Until Tomorrow with more DDT
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