HC
dismisses assessee’s writ, refuses to set aside order passed by Settlement
Commission’s u/s 32E of Central Excise Act, 1944, which recorded certain
findings about clandestine removal of goods, and accepted settlement
application by imposing certain conditions; Rejected assessee’s submission
that, Commission’s order was passed based on report of Jurisdictional
Commissioner (JC), copy of which was not furnished to assessee, thus amounting
to violation of principles of 'natural justice'; Remarks that although order
speaks of JC report, it also narrates the course of hearing of petition before
Commission, further states that all contentions raised by assessee virtually
challenge JC’s report; Commission is not an adjudication authority and its role
is to arrive at an amicable settlement of dispute between parties, further
observes that “if the Settlement Commission is also converted into an
adjudicating body, then the very purpose of having a Commission will be lost…
assessees who have excellent cases, may be entitled to fight out their cases in
the normal channel of remedies available under the Act”; Holds that scope of
writ jurisdiction under Article 226 of Constitution as against
Orders-in-Original is circumscribed and is much more rigorous in respect of Commission’s
orders, further, scope of jurisdiction to interfere with or set aside those
conditions on ground of violation of 'natural justice' is extremely limited,
and present case is not fit enough to undertake that exercise: Andhra Pradesh
HC : Andhra Pradesh HC
Subscribe to:
Post Comments (Atom)
Requirement to dematerialize shares of private limited companies
The Ministry of Corporate Affairs in October 2023 had mandated private companies and their shareholders to dematerialize their shareholding...
-
Particulars in Part 1 and Part 2 of Step-2 of registration form are required to be exactly the same as reported in the TDS statement. Plea...
-
1. Introduction: Every trust/charitable society/ NGO that wishes to claim the tax exemption benefits has to file Form 10A to seek fresh re...
-
LEASE-DEED (A brief Introduction) Lease defined. A lease of immovable property is a transfer of a right to enjoy such property, mad...
-
NECESSITY : Sometimes, in view of the expansion of the business, multiple increase in turnover and need for getting finances from the ...
-
· Mumbai ITAT in the case of Mukesh Harilal Mehta held that Exemption U/S 54 cannot be denied merely due to mistake by the developer.
-
Filing income tax returns (ITR) within the specified timelines under the Income-tax Act is not just a legal obligation but also crucial fo...
-
Earlier this year, the Mauritius Government approved the amendment to the India – Mauritius tax treaty, aligning it with the proposal of th...
-
This Tax Alert summarizes a recent instruction issued by the SEZ Division, Department of Commerce, clarifying various concerns relating t...
-
Slump sale is transfer of one or more business undertakings for a lump sum consideration, without assigning individual values to the each...
-
Section 17(5)(c) and (d) of the Central Goods and Services Tax Act, 2017, blocks input tax credit for works contract services, goods or serv...
No comments:
Post a Comment