Jurisprudentiol – Wednesday's cases

By Vijay Kumar

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

Refund - In spite of Tribunal's Order, refund not granted - Refund ordered to be granted within six weeks: HC

THE present case is rather old and there are several rounds of litigation. The petitioner had succeeded before the tribunal, who had passed a detailed order dated 27th March, 2002. The respondents thereafter did not adjudicate and passed the consequential orders till 2007. This is in spite of the fact that the petitioner had filed an application on 18th February, 2003 before the respondents to process their claim for refund. There is no explanation for delay of five years. The order dated 20th July, 2007, in fact, makes reference to another refund claim application dated 24th February, 2004.

Income Tax

Whether telecom shelters, attached to earth, can be construed as article or thing or movable property, eligible for Sec 80IB benefits - YES, rules ITAT

ASSESSEE Company is engaged in manufacturing and installation of pre-fabricated telecom shelters. It filed its ROI, claiming deduction under section 80-IB of the Act. During the course of assessment proceedings, the AO took a view that the products, which were manufactured by the assessee, were immovable properties and hence cannot be termed as article or thing and hence the claim of the assessee was not allowable. In appeal, the CIT(A) after appreciating the entire gamut of processing involved in assembling and installation, allowed the appeal of the assessee.

Customs

Torch imported by appellant on which no MRP declared although goods are in ready condition for sale in retail market - ordered to be released on execution of bond and bank guarantee: CESTAT

MENTIONING that the matter is on prima facie stage and goods were in the custody of the department, the applicant has also filed a Miscellaneous Application praying that goods be released on execution of bond and bank guarantee of 25% of the differential duty.

See our columns Tomorrow for the judgements