AIT-News-30

Refined or white sugar, imported upto 31st December 2010 exempted from Customs duty-Customs Tariff Notification No.8 excise exemption notification for Jammu & Kashmir modified-Central Excise Tariff Notification No.1 Air India may lower retirement age to 55 to cut cost Board of Approval to decide fate of denotification of Essar's Hazira SEZ on 11th February Revenue's comments on 1st Discussion Paper on GST-click on the link below for details SC rules service of notice on the assessee under Section 143(2) within the prescribed period of time is a pre-requisite for framing the block assessment under Chapter XIV-B of the Income Tax Act, 1961-AIT-2010-43-SC HC rules assessee is entitled to benefit under Income Tax on delayed payment of PF if the payment is made before the return is filed-AIT-2010-42-HC Authority for Advance Ruling rules the amount received by the foreign company from the Government of Tamil Nadu under the contract is essentially in the nature of “fees for technical services” within the meaning of Explanation 2 to Section 9(1)(vii) of the Income-tax Act, 1961 read with Article 12.4 of DTAA and cannot be regarded as consideration for the sale of designs and drawings-AIT-2010-38-AAR Authority for Advance Ruling rules payment received by the applicant from VARs (“third party re-sellers”) on account of supplies of software products to the end-customers (from whom the licence fee is collected and appropriated by VAR) does not result in income in the nature of royalty to the applicant and moreover payments received by the applicant cannot be taxed as business profits in India in the absence of permanent establishment as envisaged by Article 7 of the India-Japan Tax Treaty-AIT-2010- 36-AAR lending or borrowing money between two associated enterprises comes within the ambit of international transaction and whether the same is at arms length price has to be considered-The question of rate of interest on the borrowing loan is an integral part of arms length price redetermination in this context-AIT-2010-37-ITAT Export and Import of Currency-RBI Circular No.30 HC rules a petition under Article 226 of the Constitution would be maintainable for questioning reopening of the assessment in a case such as this where the preconditions for the exercise of the power have not been fulfilled-recourse to the power under Section 147 cannot be sustained on a mere change of opinion, there being no failure of the assessee to disclose fully and truly, all material facts necessary for assessment-AIT-2010-35-HC Definitive Anti dumping duty imposed on import of Carbon Black used in rubber applications falling under sub heading 2803 00 10, originating in, or exported from, Australia, China PR, Russia and Thailand-Customs Tariff Notification No.6 Tariff Value for import of Brass scrap is 3597 and for poppy seeds 4392-Customs Non-Tariff Notification No. 10 Adjustment of “Advance Tax in respect of Fringe Benefits” for Assessment Year 2010-11 against “Advance Tax”-Income Tax Circular No.2 CBDT clarifies it is the choice of the assessee whether to file an objection before the Dispute Resolution panel against the draft assessment order or not to exercise this option and file an appeal later before CIT (Appeals) against the assessment order passed by the AO

JUDGMENTS

CENTRAL EXCISE

CUSTOMS

exchange rate

SERVICE TAX

INCOME TAX

VAT

FINANCE ACTS

FINANCE BILLS

EOU STPI

SEZ

DGFT

RBI

NTT

RESOURCES

Email | Print

CBI raids den of corruption Nhava Sheva

AIT News Network

MUMBAI. CBEC Top Brass is in dock for posting Tapan Chakravarty as Assistant Commissioner of Customs in Nhava Sheva on promotion from Appraiser in Mumbai Customs against all norms of Transfers and Postings.

According to laid down norms an Officer cannot be posted on Promotion in the same Zone. When over 100 Officers of the rank of Assistant/Deputy Commissioners are cooling their heels in the Board Office and several Directorates for many years; it is all powerful Appraiser lobby which exercises its influence over the Members of CBEC in matters of transfer and posting and manages posting even on promotion to the rank of Assistant Commissioner to Mecca of Customs Officers i.e. Nhava Sheva. Tapan Chakravarty episode is only tip of the iceberg in the den of corruption Nhava Sheva which is the most sought after posting in Customs.

What led to CBI raids on Customs Officials is the complaint by a leading importer of tiles who was being squeezed by Customs Appraiser and the Assistant Commissioner for clearing his containers of tiles and was being asked to pay bribe for not levying Anti-dumping duty which is applicable only on import of vitrified tiles from China.

The importer first complained to the Intelligence Wing of Customs better known as CIU who reportedly recovered a cash of Rs.2 lakh only from the Appraiser but did not take any further action in the matter.

Aggrieved; the importer now complained to CBI which finally raided the Officials and recovered cash of Rs.17 lakhs from Antop Hill residence of the Assistant Commissioner of Customs Tapan Chakravarty who was head of Group III of Import handling import of sensitive items like tiles , yarns and fabrics.Further, Rs 14.80 lakh in cash and two kg of gold worth Rs 16.36 lakh was also recovered from his bank locker at the Dadar branch of Federal Bank.Had CBI raided the residences of all the Assistant Commissioners and Appraisers posted at Nhava Sheva; how much cash it would have recovered?

It is high time Members of CBEC wake up from their deep slumber and go for soul searching after this episode. Otherwise it is just the trailer and many more such episodes are in offing. First action which CBEC should take is to immediately transfer Commissioner and Additional Commissioners of Customs Nhava Sheva who were a mute spectator of such corruption. And if a Commissioner does not know (as would be claimed by him) what is happening in Nhava Sheva, he does not deserve to continue at the most sensitive place of Indian Customs.If CBEC does not act; even CBEC will be deemed as a mute spectator of ongoing affairs.

Transparency International has identified India as the Top rank holder in bribe giving. According to importers Nhava Sheva holds the Top rank in bribe taking.