HC
strikes down Para 4.3 of Circular No.6/2008-Cus insofar as it restricts /
obliterates the claim of interest on belated refunds of SAD granted in terms of
Notification No. 102/2007-Cus; Rejects Revenue contention that Notification No.
102/2007-Cus being issued u/s 25(1) of Customs Act, interest u/s 27A would not
be applicable to refund of SAD; HC refers to Division Bench ruling in Riso
India Pvt. Ltd. to observe that, “SAD levied under the Customs Tariff Act is a
duty within the meaning of Section 27” and interest would be payable on refunds
u/s 27A when delayed beyond 3 months from date of application; Observes that
Division Bench had categorically held that Para 4.3 of said Circular was not in
accordance with statutory mandate of Section 27A, in fact Madras HC in KSJ
Metal Impex (P) Ltd. had taken a similar view; Also rejects Revenue’s objection
to maintainability of writ petition since CESTAT order is appealable, states
that challenge to validity of Circular cannot be made before Customs’
authorities : Delhi HC
Subscribe to:
Post Comments (Atom)
Delhi HC holds 10% pre-deposit requirement for penalty-only appeals inapplicable where SCN was issued before amendment
This Tax Alert summarizes a recent ruling of the Delhi High Court (HC) [1] on whether the newly introduced pre-deposit requirement for fi...
-
ITC is blocked on motor vehicles having seating capacity ≤ 13 persons (including the driver) used for the transportation of persons. Furth...
-
A new website launched for TDS related matters www.tdscpc.gov.in TRACES – T DS R econciliation A nalysis and C orrection E nabling S yste...
-
This Tax Alert summarizes a recent judgement of the Delhi High Court (HC)on imposition of penalty on directors of a company under the Ce...
-
Recently, in a significant taxpayer-friendly ruling, the Hon’ble Mumbai ITAT, in the case of Nikesh Bhagwandas Mehta vs. ITO , has clarifi...
-
Section 68 -Cash credits Section 69 -Unexplained investments Section 69A - Unexplained money, etc Section 69B -Amount of investme...
-
THE issues before the Bench are - Whether when an expenditure is claimed to have been incurred by an assessee for promotion of his busine...
-
Income Tax Department had clarify that the renting of mobile tower would attract lower TDS Deductions u/s. 194-I and not u/s...
-
LEASE-DEED (A brief Introduction) Lease defined. A lease of immovable property is a transfer of a right to enjoy such property, mad...
-
This Tax Alert summarizes a recent Circular issued by the Central Board of Indirect Taxes and Customs (CBIC) clarifying the manner of gra...
-
This Tax Alert summarizes a recent judgement of the Kerala High Court (HC) 1 upholding the validity of GST notifications 2 extending the t...
No comments:
Post a Comment