From our Legal Corner – Monday’s cases

By Vijay Kumar

Central Excise

Self assessment and self payment of duty are envisaged in law but not taking self refund since if allowed, it may lead to situation like amendment of passport by a passport holder himself and so on : Tribunal

The assessee is entitled to take credit in PLA only based on deposits of cash made by them under TR-6 challans. Similarly, the assessee is entitled to take credit in their RG-23A accounts based on specified duty paying documents. While the assessee is authorized to debit PLA account, RG-23 account on their own for payment of duty, the question of their taking suo moto credit of any alleged sum due from the Department does not arise. In other words, the self-assessment and self-payment are envisaged. The system of taking self-refund is not authorized by law.

If above concept is to be extended, it may lead to a situation like inclusion of a new name in the ration card automatically by the card holder, amendment of pass-port by a passport holder himself and so on.

If goods are sold to related person at the same price as sold to other purchasers, it cannot be said that there was depressed price in favour of related buyers : Tribunal

Income Tax

Interest from bank deposits cannot be treated as export income even if deposits are a pre-condition for sanctioning limits : Madras HC

See our columns on Monday for the judgements