Jurisprudentiol–Friday's cases

By Vijay Kumar

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

Central Excise – CENVAT Credit - plastic dropper packed in the paediatric drops container – input – eligible for credit – High Court

WHERE dropper is provided in the carton along with bottle containing the drug it amounts to manufacture and the manufacturer is entitled to credit of duty paid on such product being input of the firm product.

Income Tax

Extension of time for Foreign Exchange remittance – CIT's order not appealed against – Fresh appeal not valid – What AO could not do, CIT(A) or Tribunal also cannot do: ITAT

AGAINST this order, the assessee did not file any appeal. The obvious presumption is that the assessee was not aggrieved by the order. In the process, the order of the Assessing Officer got merged with the order of the CIT(A). Once it got merged with the order of the CIT (A), the Assessing Officer became functus officio so far as his original order is concerned.

Customs

Seizure – Show Cause Notice issued after three years – goods liable to be released: Bombay High Court

ADMITTEDLY, the show cause notice was issued about 3-1/2 years after the seizure. In view of this, under the provisions of Section 110(2), the respondents are bound to return the goods to the petitioners from whose possession the same were seized.

See our columns Tomorrow for the judgements