From our Legal Corner – Monday's casesLegal Corner Icon — the image was hosted by the publisher and was not captured.

By Vijay Kumar

Central Excise

Cenvat Credit - Rules do not bar assessee from claiming depreciation of unavailed amount of credit in year of receipt of capital goods in Income Tax return relating to said AY : CESTAT

Chennai follows Bangalore

Customs

While provisions of KVSS and settlement are not completely identical, underlying objective in both is similar - Case against co-noticees comes to an end once a case is settled for main applicant : CESTAT by majority

++ While the provisions of KVS Scheme and those relating to Settlement of Cases under the Customs Act are not completely identical, the underlying objective in both the schemes is similar and it is for this reason that the case laws in respect of cases under KVSS including in the case of OnkarS.Kanwar do not become entirely irrelevant;

++ The question as to who played the main role is irrelevant for the reason that once the case is settled by the Settlement Commission, it is settled in its entirety and such a case then cannot be adjudicated qua other co-noticees;

++ The case against all co-noticees comes to an end once the order of Settlement is passed in respect of the person entitled to file an application before the Settlement Commission and, therefore, penalty imposed on the appellants cannot be sustained and is set aside.

If an accused has been acquitted of murder, co-accused cannot be held guilty of conspiracy to murder.

Income Tax

Interest ordered for delayed refund - action recommended against officers concerned - Order to be sent to Finance Minister : Gujarat High Court

This is a fit and proper case in which action should be initiated against all the officers concerned who were all in charge of this case at the appropriate and relevant point of time and because of whose inaction the appellant was made to suffer both financially and mentally, even though the amount was liable to be refunded in the year 1986 and even prior thereto.

A copy of this judgment will be forwarded to the Hon'ble Minister for Finance for his perusal and further appropriate action against the erring officials on whose lethargic and adamant attitude the Department has to suffer financially.

See our columns Monday for the judgements