Thursday, 17 January 2013

CBEC Circular On Recovery Dated 01.01.2013 & Connected Legal Developments

 


The Bombay High Court today (17.01.2013) granted ad-interim stay against coercive recovery pursuant to Circular No. 967/01/ 2013 – CX dated 01.01.2013 issued by the Central Board of Excise and Customs. The orders were passed in the case of Uhde India Pvt. Ltd vs. UOI WP 380 of 2013, Exide Industries Ltd vs. UOI WP No. 381 of 2013 and connected matters. The Petitions are now listed for admission on 31.01.2013 to enable the Department to file a reply. The Andhra Pradesh High Court has already granted on 09.01.2013 a stay in the matter in the case of Ultratech Cement Ltd vs. UOI W.P. No. 736 of 2013.

The view that is taken by the High Courts in these matters will have considerable bearing in income-tax matters as well.

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SC holds extended period cannot be invoked if allegations are not justified in the show cause notice issued under section 74

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