Jurisprudentiol - Thursday's cases

By Vijay Kumar

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

Valuation - s.4A of CEA, 1944 - Appellant manufacturing and selling notified goods in retail packs through dealers/distributors by declaring MRP but assessing goods based on T.V u/s 4 of CEA, 1944 - Pre-deposit ordered of Rs.2 Crores: CESTAT

IT was noticed that the appellant were selling these goods in retail packs through dealers/distributors and were also declaring Maximum retail Price (MRP) on the goods but they were discharging duty liability on the goods on the transaction value u/s 4 of the CEA, 1944 even though the goods were notified for the purposes of assessment u/s 4A of the said Act. Nonetheless, the appellant had started discharging duty liability on the manufactured goods on MRP basis under section 4A with effect from 15/05/2008 onwards.

Income Tax

Whether when only a part of the housing project does not comply with approved size of the flats, Sec 80IB(10) benefits should be allowed on proportionate basis because it is a benevolent legislation - YES: ITAT

THE issues before the Bench are - Whether when only a part of the housing project does not comply with the approved size of the flats, Sec 80IB(10) benefits should be allowed on proportionate basis because it is a benevolent legislation and Whether for the purpose of admeasuring the size of the flat, the approved valuer is warranted to follow the definition of built up area. And the verdict goes against the Revenue.

Customs

Import of hard disk, whether hazardous waste-Reports given by the officers of Customs are at variance -Officers who examined the goods are not experts in the field and have also not brought any evidence on record to prove that the goods are used or hazardous waste: CESTAT

THE appellant imported 800 pieces of hard disk and filed bill of entry on 18.06.2012. The bill of entry was assessed and the appellant paid duty before clearance of the goods. 5% of the goods were examined. On examination, the goods were found to be hard disk, but the examination report indicated that the goods appeared to be old and used. Thereafter, the goods were re-examined on 100% basis. After 100% examination, the report indicated that the description and quantity tallies and the brand of the goods and model numbers were verified and the goods found to be old. Year of manufacture was found on the goods. The said report did not say that the goods were used. Thereafter, attempts were made to get the goods examined from some experts as also from different sources including an approved laboratory by the Maharashtra Pollution Control Board. However, there was no success.

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