Jurisprudentiol – Tuesday's cases

By Vijay Kumar

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

Supplies to Indian Navy based on Commandant's certificate - Extended period of limitation- Matter referred to President: CESTAT

MEMBER (J) : The appellant have filed the said declaration on the basis of a certificate issued by Indian navy. Therefore, it cannot be said that the declaration filed by the appellant is “willful mis-statement", hence the willfully in the absence of any intent on the part of the appellant extended period of limitation is not invocable.

Member (T) : The appellant cannot take shelter in the argument that they had claimed the exemption on the basis of the certificate given by the Indian Navy. Therefore, it cannot be accepted that it was not their intention to evade the payment of duty by claiming the exemption. In this view of the matter, it has to be held that the demand of duty is not barred by limitation.

Income Tax

Whether interest paid to Income Tax Department on late payment of tax can be claimed as deduction while computing business income - NO, rules ITAT Third Member

THE issues before the Third Member are - Whether the interest paid to the income tax department on late payment of tax can be deducted while computing the business income of the assessee and Whether the interest received from and paid to the income tax department can be adjusted or netted against each other. NO is the answer.

Customs

Importers do not have an inherent right to challenge the determination of normal value - Findings of Designated Authority and Customs Notification No. 89/2009-Cus upheld: CESTAT

ON the whole, the grounds raised in the appeal by the appellants are not convincing enough to interfere with the impugned final findings and the resultant Customs Notification imposing anti dumping duty. On the other hand, the conclusion drawn by the D.A. are well reasoned and are designed to eliminate injury to domestic industry/ curb unfair trade practices of dumping without restricting imports and without affecting the availability of the subject goods to the domestic consumers.

See our columns Tomorrow for the judgements