Jurisprudentiol - Monday's cases

By Vijay Kumar

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

Secondhand Multifunction Photocopiers also require licence under Para 2.17 of the FTP - Ratio of Shivam International differed with - Even CESTAT and JDR's office are buying these machines as Photocopiers only - Confiscation, fine and penalty upheld: CESTAT

The dispute relates to confiscation, imposition of fine and penalty on import of used Photocopiers which require licence in terms of Para 2.17 of the FTP.

Income Tax

Income tax - Whether when assessee has not claimed any depreciation on one set of plant and machinery not in use, same can still be treated as part of block of assets, and thus, can be assessed u/s 50 for capital gains arising on transfer - NO: HC

THE issue before the Bench is - Whether when assessee has not claimed any depreciation on one set of plant and machinery not in use, the same can still be treated as part of 'block of assets', and thus, can be assessed u/s 50 for capital gains arising on transfer. NO is the HC's answer.

Service Tax

Law does not prohibit payment of ST on exempted services Appeal allowed with consequential relief: CESTAT

THERE is no clause barring an assessee from paying tax on exempted services and claiming refund thereafter in the Finance Act, 1994 unlike in the case of payment of duty under the Central Excise Act. In view of this position, the findings of the lower appellate authority that the assessee could not have claimed refund under Notification No. 17/04 is not correct in law.

See our columns Monday for the judgements