Jurisprudentiol – Wednesday's cases

By Vijay Kumar

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

TDS - Whether even if findings of AO are not conclusive but assessee accepts quantum proceedings, it warrants levy of penalty for deducting tax at source under wrong provisions of law - NO: Delhi High Court

THE question before the High Court is - Whether, even if findings of AO are not conclusive but the assessee accepts quantum proceedings, it warrants imposition of penalty for deducting tax at source under wrong Sections of the Act. And the High Court says NO.

Customs

Conversion of shipping bills from one scheme to another - Exporter could not claim amendment in routine and as a matter of right. The discretion is vested in Proper Officer to permit amendment - High Court

FROM the plain reading of Section 149, it may be seen that exporter could not claim amendment in routine and as a matter of right. The discretion is vested in the Proper Officer to permit amendment in any document after the same has been presented in the Customs house. Though this discretion was to be exercised judiciously, but it was qualified with the proviso that the amendment could be allowed only if it was based on the documentary evidence in existence at the time the goods were exported.

Tomorrow is a holiday – Sri Ram Navami

See our columns Wednesday for the judgements