Jurisprudentiol– Monday's cases
Legal Corner Icon — the image was hosted by the publisher and was not captured.Income Tax
ATMs are not computer - not eligible for 60% depreciation; Can a factory be called a Computer? - 'No', says Tribunal
NO substance in the submission of the assessee that any instrument or plant and machinery of which function is based on computer technology can be said to be ‘computer'. If this submission of the assessee is accepted then in cases of all units where their large manufacturing process is controlled by computer such units are also to be called as ‘computer'.
Central Excise and Customs
High Court cannot condone delay in filing appeal: Bombay High Court
THE issue was already decided by the Supreme Court in COMMISSIONER OF CUSTOMS & CENTRAL EXCISE, NOIDA Vs M/s PUNJAB FIBRES LTD, NOIDA - 2008-TIOL-24-SC-CX.
Central Excise
Recovery of Erroneously granted refund – there are no optional routes available for Revenue - Tribunal
MERE succeeding in appeal before Commissioner (A) cannot get back erroneously granted refund – Demand a must; Provisions of Section 11A specifically cover the situation; clearly mention that a show cause notice has to be issued for recovery of erroneous refunds.
Until Monday with more DDT
Have a nice day.
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