Jurisprudentiol - Tuesday's cases

By Vijay Kumar

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

Income tax - expenses incurred on promotion of Pace Foundation for Fast Bowlers of Cricket - Can it be treated as equivalent to sponsorship of sport or akin to charity - It's charity, claim not allowable: ITAT

THE issues before the Tribunal are - Whether when assessee incures certain expenditure on promotion of Pace Foundation for fast bowlers of cricket, the same can be claimed as advertisement expenses for purpose of tyre-manufacturing business and whether such expenditure is akin to sponsorship of sports or charity. And the verdict goes against the assessee.

Central Excise

Central Excise - Valuation - Sale of paint booth - value of the hot air generator and filter blower supplied separately not required to be included in the assessable : CESTAT

THE appellants are engaged in manufacture of paint booth, on which appropriate duty of Excise stand paid by them. The said Booth is a complete commodity by itself and is actually being marketed by them without generator and filter. As their customers insist on for supply of generator and filter, they procure the same from the market and supply to their customers. The value of such bought out items cannot be included in the assessable value of paint booth and drying cabinet.

Central Excise

Requirement of section 37C of Central Excise Act, 1944 is to be taken as complied with by sending order-in-appeal by speed post at address given by assessee to department: CESTAT

WHEN the Stay application filed by the appellant came up before the CESTAT, the Revenue representative raised a preliminary objection about the maintainability of the appeal inasmuch as it is his contention that the appeal had been filed beyond the time-limit prescribed under the statute.

See our columns tomorrow for the judgements