Jurisprudentiol–Tomorrow's cases
Legal Corner Icon — the image was hosted by the publisher and was not captured.Central Excise
Supplementary invoice – Interest not payable - Reliance placed on quashed High Court order – Revenue loses in High Court
Now where do we stand?
Two High Courts have held that no interest is payable while a Larger Bench of the Tribunal has referred the issue to a still Larger (Five Member) Bench in the Lucas TVS case -
Now what should Commissioners and Tribunal Benches do? Follow the High Court or wait for the Five member Bench?
The Twist in the tale: But the original High Court decision was set aside by the Supreme Court. We had mentioned this while reporting the Goodyear India case in
Income Tax
Section 10A (1) deduction of profits and gains to be given from total income: ITAT
DEDUCTION of such profit and gains as derived by an undertaking from the export of articles is to be allowed from the total income of the assessee. Such deduction is subjected to the provisions of section 10A . Total income is defined in section 2(45) of the IT Act and it means the total amount of income referred in section 5 computed in the manner laid down in this Act. Section 5 of the IT Act defines the scope of total income. Scope of total income includes income received or deemed to be received, accrued or arise or deemed to accrue or arise.
Service Tax
Is ignorance of law an excuse for law enforcing authorities? Tribunal sets aside demand of service tax raised under Section 11 of the Central Excise Act and Confirmed under Section 66 (1) of the Service Tax Act
IGNORANCE at its worst. Nothing else can summarize this case more appropriately. A show cause notice for demand of service tax was issued under Section 11 of the Central Excise Act, 1944. Not even Section 11A, which is invoked for demand of Central Excise duty. Worse, the demand was confirmed under Section 66(1) of the Finance Act, 1944. Worst, the Finance Act was wrongly mentioned as Service Tax Act. Further there is no sub-section (1) in Section 66 of the Finance Act. It is only Section 66. What will happen to the demand with so many errors? The result is obvious.
A cursory search through the decided case laws resulted in 54 instances where Service Tax Act was used instead of Finance Act.
Until Tomorrow with more DDT
Have a nice day.
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