Allahabad High Court rules that an appellate authority cannot ignore the existence of a prima facie case when considering a stay application? : 18.12.2014 Allahabad High Court : Food Corporation Of India Vs CCT Lucknow UP
Improperly Constituted “Committee of Chief Commissioners of Central Excise” Costs Revenue its Appeal. CCE Ahmedabad-II Vs M/s Ankit Textiles Click here to read Tribunal decision
Extented period or interest will not apply where even if excess cenvat credit was availed, the error goes unnoticed by 1st Audit but noticed by 2nd Audit. The credit is reversed. Urja Engineers Limited Vs Commissioner of Central Excise & S.T., Vadodara - Read text of CESTAT Ahd decision
Order imposes a penalty on an individual not named in show cause notice. Tribunal drops the penalty but confirms the duty demand, interest and penalty on all except the one not named in the notice. Apparently the department has erred even in a case where the department alleges fraudulent diversion of inputs meant for use by 100% EOU. The person preparing the documents was not been named in the notice. Can a fresh SCN be issued now? Click to read the article.
Can a Commissioner (Appeals) increase the penalty without notice? Commissioner (A) Delhi thinks he can! Flouts cardinal principle of natural justice to issue a notice before enhancing the penalty.
In CIT New Delhi Vs Vatika Township Pvt. Ltd. A five judge Supreme Court Constitutional Bench dismissed IT appeals answering the questions raised in reference in an income tax case and dismissed the revenue's appeals
When clandestine removal is proved. It's likely that the evasion is not limited to the assessee alone.Vendors and buyers too may be compromised. Also other taxes like income tax, VAT, CST, service tax may also have been evaded. Does the tax administration have a specific strategy to deal with such clandestine cases?
Shouldn't a Commissioner Appeals know what is the last date for filing appeals?: The Commissioner (Appeal-III), Kolkata dismissed the appeal as filed late. It was filed on Monday 10th January, 2011 instead of 8th January which was a Saturday. Under General Clauses Act, the next working day is considered within time. CESTAT, Kolkata allowed the appeal in Star Battery Ltd. Vs. Commissioner of Central Excise, Kolkata-IV on 11th August 2014.
When will the Department stop disputing everything?: The credit on common inputs was reversed. There was no dispute about the credit quantum reversed. The exemption was available and claimed on portable water pumps correctly. The Commissioner held in favour of Honda Siel Power Products Ltd (HSPPL) and dropped the demand notice following Hon’ble Supreme Court in Chandrapur Magnet Wires (P) Ltd. Despite all this the Revenue prefers appeal to Tribunal and loses.
Affixing any price as MRP will not entitle assessment under section 4A. Bajaj Food Products P Ltd., Arvind Maheshwari, AD Bajaj Vs CCE, Rohtak
RBI sets out its vision in Annual Report for year ended June 2014. Report includes planned initiatives such as introduction of a pan-India 'any-time, any-where' bill payment system, plastic currency notes etc.
A four Judge Bench of the Supreme Court presided by Chief Justice R.M. Lodha dismissed on 23rd July 2014 a criminal contempt petition filed by Dr. Subramanian Swamy against Mr Arun Shourie for his editorial dated 13th August 1990 titled “If shame had survived” in the Indian Express.