Jurisprudentiol – Wednesday's cases

By Vijay Kumar

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

Order Set aside by Commissioner (Appeals) for violation of principles of natural justice - upheld - CESTAT

COMMISSIONER (Appeals) remanded the case to the Adjudicating Authority as principles of natural justice was violated but Revenue has challenged the order before the Tribunal which remanded it to the Commissioner (Appeals) to decide the case afresh. In the second round, the Commissioner (Appeals), set aside the order of the lower authority as principles of natural justice was violated. Revenue is again before Tribunal, but without success.

Income Tax

Whether where transaction of sale and purchase of shares is not reflected in share register of company whose shares were transferred and broker who was stated to be instrumental also denied transaction, onus to prove authenticity of transaction lies on assessee - YES, says High Court

THE issue before the High Court is - Whether where the transaction of purchase and sale of shares was not reflected in the share register of the company whose shares were transferred and the broker who was stated to be instrumental in the transaction, also denied the transaction, the onus to prove the authenticity of the transaction lies on the assessee. And the verdict goes against the assessee.

Customs

Due to compelling circumstances, importer failed to re-export containers imported duty free – however, since they have paid duty as per notification, appellants have not violated any condition of notification - CESTAT

AT compelling circumstances, the respondents have not been able to re-export the said container hence they have opted to pay duty as per the above said notification which has been paid by them. Hence the appellants have not violated any condition of the notification. In these circumstances, the redemption fine and penalty is also not imposable.

See our columns Tomorrow for the Judgements