Jurisprudentiol – Friday's cases

By Vijay Kumar

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

Manufacture - ‘prefabricated structural components' for Delhi Metro - No duty payable: HC

IT is not in dispute that this production is unique in nature and utility thereof is restricted to the location for which they are designed and not at any other place. The Tribunal has categorically said that there is no dispute that the components so manufactured by the respondents are intermediate products, duly manufactured at the specified yards, and transferred to the site for utilization thereof in elevated viaduct or tunnel. It is also noted that there is no dispute that the same are utilized in the completion of the work. The Tribunal has, therefore, come to the conclusion, that the Notification dated 17.02.2011 applies to the supplies in question and therefore no excise duty was required to be paid. The High Court also referred to the Circular No. 456/22/99–CX dated 18.5.1999 .

Income Tax

Whether when assessee has filed return, it can make changes in claims by filing revised statement of income sans filing a revised return u/s 139(5) - NO, rules HC

THE Government of India as well as the State Government in their respective Policies decided to finance the Housing Sector and it was conceived that it will be done through NBFC. The State Government through its Housing and Urban Development Department decided to promote and float a Public Limited Company, the petitioner, of which 100% shareholding was with the State Government. Assessee submitted the return within due time disclosing a loss. AO issued notice u/s 143(2) and 142(1). Assessee filed a petition to the AO for revising its return of income. AO without taking this fact into consideration passed the order computing the income at Rs.22.52 crores and demanded Rs.7.58 crores towards tax, surcharge and education cess and also charged interest u/s 234B.

Service Tax

All refund claims except those mentioned under specific proposition of law [Para 99(ii)] laid down by Apex Court in Mafatlal Industries Ltd case, have to be and must be filed and adjudicated under provisions of Central Excise Act or Customs Act: Karnataka HC

THE assessee, a private limited company is engaged in providing loans to customers and registered with the department under the category of Banking and other financial services under Finance Act, 1994. They paid service tax on interest collected from customers based on self assessment. On realizing that the interest charged on loans and advances were not liable to payment of service tax, they preferred a refund claim on 01.12.2004 for refund of service tax paid for the period from July 2001 to August, 2004, under section 11B of Central Excise Act, 1944 read with section 83 of Finance Act, 1994. The lower authority after considering the entire material on record passed an order on 25.04.2005 allowing the claim in its entirety.

See our columns Tomorrow for the judgements