Jurisprudentiol – Monday's cases
Legal Corner Icon — the image was hosted by the publisher and was not captured.Service Tax
Duty with interest paid before Adjudication - Penalty to be 25 percent: High Court
THE matter is covered against the revenue by judgment of Delhi High Court inK.P. Pouches (P) Ltd. v. Union of India - which has been followed by the Tribunal, as also judgment of this Court inCCE v. J.R. Fabrics (P) Ltd. - , holding that if payment is made before adjudication, the quantum of penalty has to be restricted to 25%.
Income Tax
Sec 263 - Whether where AO has not examined an issue in details, it can be said that there is no application of mind, inviting invocation of revisional powers of CIT? - NO, says ITAT
THEissue before the Tribunal is - Whether where AO has not examined a matter in details, it can be said that there is no application of mind, inviting invocation of powers u/s 263. NO is the Tribunal's answer.
Central Excise
Deterrent Action - CBEC Member cannot enhance restrictions in second round of adjudication on Court's directions: High Court
HIGH Court directed CBEC Member to pass revised order after considering the assessee's representation. In the revised order, he enhanced the restrictions. There was no occasion for further or enhanced restrictions in the absence of any fresh material or circumstance. There is no discussion for imposing higher restrictions in the impugned order over and above those in order dated 23.8.2010. To this extent, contention on behalf of the petitioner has to succeed.
Legal Corner Icon — the image was hosted by the publisher and was not captured.Until Monday with more DDT
Have a nice Weekend.
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