Jurisprudentiol–Tomorrow's cases

By Vijay Kumar

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

Blame it on Rio

MRP assessment – Authorities under Central Excise Act have no jurisdiction to question correctness of decision of State Government in matters pertaining to SWAMs Act, 1976 – Prima facie case – Pre-deposit dispensed and Stay granted by Tribunal

AUTHORITIES under the Standards of Weights and Measures Act, 1976 having held that no MRP is required to be affixed on the product in question, the revenue's insistence that the same should have been affixed and the goods should have been assessed under Sec. 4A cannot, prima facie, upheld at this stage.

Income Tax

Finding of AO was not based on any material - It is not permissible to misread facts and then order a remand for sake of remand - A.O cannot be permitted to take advantage of his own wrong by not recording clear finding with reference to material on record - Members do not agree even on question to be referred to Third Member: ITAT Third Member

THIS is a strange case. The two Honourable Members of the ITAT had a difference of opinion on an issue. So the matter had to be referred to a Third member. Now there was a difference of opinion on the question to be referred.

The President observed, “There is very acrimonious and unfortunate correspondence between the two Members as to which question should be referred u/s 255(4) of the Income-tax Act. The Members did not agree to refer a common question to resolve the stalemate in spite of advice of the seniors to refer a common question on the facts of the case without highlighting any finding of fact arrived at by any particular Member. No effective result could be reached and there was no agreement on common question .“

Customs

Foreign Trade policy - Grant of licence is based on correctness of contents of application and it should satisfy all requirements of scheme and other applicable provisions of law - Supporting manufacturer's name not correct - cancellation of licence correct: Madras HC

WHEN a scheme is available, that should be extended to a person who satisfies the requirement of the scheme. Therefore, the concept of grant of licence under a scheme as well as the Foreign Trade Policy and the circular has to be interpreted in order to achieve the object of providing the benefit under the scheme to the deserving persons.

See our columns tomorrow for the judgements