Jurispruden tiol – Tomorrow ' s cases
Legal Corner Icon — the image was hosted by the publisher and was not captured.Income Tax
Process of standardization and pasteurization of milk does not amount to manufacture / production for the purpose of claiming deduction under sections 80-I and 80HHA – ITAT Sp. Bench.
It does not go beyond the stages of "processing" and by this processing it has become little more "clean" and "more fit" for consumption. But the milk in its raw stage was also fit for consumption. Assessee does processing. But alt processing does not amount to production of an article or thing. If the assessee markets curd, ghee or other products after processing, that amounts to "manufacture or production of an article or thing". Pasteurization and standardization does not amount to production.
Service Tax
Mazgaon Dock Ltd wins Rs 6.18 Cr Service Tax case – Providing Services of Chipping, Painting and repairing of Ships and Vessels under authorization of Mumbai Port Trust is not 'Port Service': Tribunal
ACTUALLY, Mazgaon Dock Ltd (MDL) should not have been worried at all about this gargantuan Service Tax demand of Rs 6.18 crores plus accoutrements for the simple reason that the alleged activity that was being performed by them of Chipping, Painting and repairing of Ships and Vessels either in its own backyard or in the leased out premises of Mumbai Port Trust was also on occasions being sub-contracted to contractors and one of whom was M/s Homa Engineering Works and this contractor was already groped by the Service Tax department with a demand of Rs.68.50 lakhs and a penalty of Rs.1.37 crores and the Tribunal had vide its order dated 03.05.2007 [] set aside this demand.
Central Excise
Provisions of Rule 209A and rule 26 of CER, 2002 are applicable only to an individual person and not a partnership firm – Tribunal by Majority
Larger Bench in the case of Steel Tubes of India has also noted the definition of the word “person” in Section 3(42) of the General Clauses Act and concluded that provisions of Rule 209A would be applicable only to an individual person and not to the firm. .
Until Tomorrow with more DDT
Have a nice Day
Mail your comments to vijaywrite@taxindiaonline.com