Jurisprudentiol – Thursday's cases

By Vijay Kumar

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

Customs - Appeal - Findings of Fact by Tribunal - No question of Law - No appeal to High Court : High Court

THIS appeal has been preferred by the Revenue against order of the Customs, Excise and Service Tax Appellate Tribunal, New Delhi dated 5.2.2009, proposing to raise following substantial questions of law:-

Income Tax

Income tax - Sec 43B - Whether interest on late payment of PF dues partakes character of PF? - YES, says HC but deduction is allowable only on actual payment

THE issue before the HC is - Whether interest on late payment of PF dues partakes the character of PF. YES, says HC. The next question is - Whether assessee can claim deduction for the same even if interest dues are not paid during the FY. NO is the answer.

Central Excise

Central Excise - intravenous fluids - Exemption Notification No. 3/2001 does not have retrospective effect : CESTAT

THE appeals by the assessees arise from the orders passed by the lower authority demanding duty with interest and imposition of penalty while denying the benefit of Notification No.6/2000-CE dated 1.3.2000, as amended by Notification No.36/2000-CE dated 4.5.2000 for the period prior to 28.02.2001 and of the Notification No.3/2001-CE dated 1.3.2001 for the period from 1.3.2001 onwards.

See our columns Tomorrow for the judgements