Jurisprudentiol – Friday's cases

By Vijay Kumar

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

Central Excise - Reference Petition before High Court - Demand not sustainable on reference order by High Court until Tribunal passes a fresh order: HC

THE petitioner is a partnership firm at Mandi Gobindgarh. It is engaged in the business of manufacturing steel products. Vide order dated 9.3.2000, the Commissioner, Central Excise Chandigarh held the petitioner-firm liable to pay differential Central Excise Duty for the period from 1.7.1999 to 31.3.2000. The petitioner-firm filed an appeal before the Tribunal against the said order.

Income Tax

Income tax - Whether, for purpose of computing income u/s 153C, AO is required by law to confine himself to materials found during course of search operations - NO, rules AP High Court

THE issue before the Bench is - Whether, for the purpose of computing income u/s 153A/153C of the Act, the AO is required to confine himself only to the material found during the course of search operations. And the answer goes against the assessee.

Customs

Customs - Purchase and use of DEPB obtained by fraud - Duty to be paid - Penalty waived: CESTAT

THERE are four appeals decided in this proceeding. Two are filed by the importer and two are filed by Revenue. All the four Appeal arise from the same impugned order. The adjudication order confirmed the duty demanded and imposed redemption fine and penalty. In appeal, Commissioner (Appeals) upheld the duty demanded but set aside fine and penalty.

See our columns Tomorrow for the judgements