Jurisprudentiol – Friday's cases

By Vijay Kumar

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

Whether Sec 80IC benefits can be denied merely on ground that clearance of goods was made to sister concern at a higher value and such a transaction cannot be treated as sale - NO, says ITAT

THE issue before the Tribunal is - Whether Sec 80IC benefits can be denied merely on the ground that the clearance of goods was made to the sister concern at a higher value and such a transaction cannot be treated as a sale. NO is the Tribunal's answer.

Central Excise

Refund on Finalisation of Provisional Assessment - 'Unjust Enrichment' applicable even for assessments pertaining to period prior to 1998, if assessments were finalised after 25/06/1999: CESTAT

ANY refund of excess duty to the respondent is subject to unjust enrichment inasmuch as it arose out of finalisation of provisional assessment made on 16/01/2006 i.e. long after the doctrine of unjust enrichment was incorporated in Rule 9B of the Central Excise Rules, 1944 and Section 11B of the Central Excise Act in relation to refunds arising out of finalisation of provisional assessments.

Customs

Appeal against Pre-deposit order in Classification Matter - lies to High Court; Classification of LCD TFT-Tribunal not justified in ordering pre-deposit when classification issue stands concluded in favour of assessee : High Court

APPEAL against an order of pre-deposit passed by the Appellate Tribunal would be maintainable before the High Court. Under Section 130 of the Customs Act, 1962, appeal against all orders of the Tribunal except orders determining the question relating to determination of rate of duty or value of goods are maintainable before the High Court. Therefore, the fact that the appeal under Section 130E of the Customs Act, 1962 against the order, determining the rate of duty or value of goods is maintainable before the Apex Court, cannot be a ground to hold that the appeal against the order of pre-deposit would also be maintainable before the Apex Court.

See our columns Tomorrow for the judgements