Jurisprudentiol–Tomorrow's cases

By Vijay Kumar

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

Raid of former joint secretary's house- criminal complaints against the Petitioners who are 79 and 80 years old respectively and in particular where not even the arguments on charge have been heard for 22 years, quashed – High Court

THE factors that weighed with the Court are that Petitioner No.1 is 79 years old and Petitioner No.2 is 80 years old. They have been facing ordeal of the pendency of the two criminal complaint cases for nearly 22 years now. Charge is yet to be framed. It is anybody's guess as to how many more years the trial of the case would take.

Income Tax

Income tax - 'non-compete right' acquired by the assessee-company, eligible for depreciation - ITAT

The only issue involved in this appeal, by the department, relates to the claim of depreciation on non-compete fee paid by the assessee.

Central Excise

Revenue neutrality - it is an established legal position that, where any duty payable by an assessee would be available as CENVAT credit to the recipient of the goods, such duty cannot be demanded from the former – CESTAT by Majority

IT is not in dispute that CENVAT credit of the amount of duty paid by the assessee on the goods in question was taken by their buyers. If that be so, similar credit of any differential duty, if paid by the assessee, can also be taken by the buyers. This certainly is a revenue-neutral situation, a position supported by several decisions available on record.

See our columns Tomorrow for the judgements