Jurisprudentiol- Tommorow's cases

By Vijay Kumar

Legal Corner Icon — the image was hosted by the publisher and was not captured.Central Excise

Appeals - If reasons explaining the delay are irrational prayer for condonation of delay in filing appeal becomes fatal - Ministerial interference takes away the power and responsibility of the Board - CESTAT

"SUFFICIENT CAUSE" is an expression which essentially means adequate or enough reason. If reasons of delay explained are irrational, that makes the prayer for condonation of delay fatal since, right of the other side to be free from litigation after expiry of limitation period cannot be negated.

Customs

Containers imported could not be re-exported and have now been reduced to scrap after lying with the Customs authorities for more than a decade - Duty to be paid on scrap value and not on depreciated value of containers: Tribunal

THIS is a very long story and a story so old that the goods in question have been reduced to scrap, yet the Customs authorities opine that that cannot be a ground to 'contain' the dues.

Income Tax

Non-resident bank - international credit cards issued by foreign branches - even if transactions for such cards take place in India, fee paid for such transactions are not taxable as credit is given by foreign branch and debt also arises outside India: ITAT

THE assessee in this case is a foreign bank. It is incorporated in the UK. It has branches all over the world. It also has a PE in India. Its branches issue international credit cards. Card-holders visit India and their transactions are completed here either by the assessee bank or branches of any other bank in India. Now the question is: Where is the commission income arising out of transactions taking place in India taxable?

See our columns tomorrow for the judgements