HC
overrules Single Judge Bench, holds dismissal of appeal by Commissioner
(Appeals) on ground that prescribed mandatory pre-deposit of 7.5% penalty was
made after expiry of limitation as ‘unsustainable’, when appeal filed within
condonable period, i.e. within 90 days from date of receipt of
order-in-original; Accepts assessee’s submission that Single Judge Bench failed
to appreciate a perceptible difference between 'presentation of appeal' and
'entertainment of appeal' appearing in proviso to Section 128(1) and Section
129E(i) of Customs Act respectively; Observes, “if the first proviso to Section
128 (1) and Section 129 E, are harmoniously construed, then, one would have to
hold that, if an appeal is presented within the time, which is the original
period of limitation or, within the condonable period of thirty days, then, it
can only be entertained even if the appellant makes the prescribed mandatory
pre-deposit thereafter”; Remarks, ordinary meaning of word “presenting” or
“presentation” could only mean 'any action or instance of lodgement of appeal',
while “entertain” would mean 'give attention to or consideration to the
matter'; Distinguishing Full Bench decision in E.P. Nawab Marakkadai, HC
directs Revenue to follow procedure prescribed in Circular dated October 14,
2014 thereby granting at least 3 opportunities to appellant to produce evidence
in support of pre-deposit : Madras HC
Subscribe to:
Post Comments (Atom)
CBDT issues second round of frequently asked questions in relation to Direct Tax Vivad Se Vishwas Scheme, 2024
This Tax Alert summarizes Circular No. 19/2024 dated 16 December 2024 (VSV 2- December Circular) issued by the Central Board of Direct Tax...
-
PCIT vs. The Executor of Estate of Late Smt. Manjula A. Shah (Bombay High Court) S. 50C Capital Gains: The valuation of the stamp autho...
-
This Tax Alert summarizes a recent ruling of the Supreme Court (SC) [1] on availability of CENVAT Credit on mobile towers and pre-fabrica...
-
IFRS and US GAAP - Similarities and Differences What is IFRS? And what is GAAP? The main difference between IFRS and US GAAP is that G...
-
Madras HC reverses ITAT's order, grants deduction u/s. 80P(2)(a)(i) to assessee (a society engaged in the business of banking and provi...
-
SC dismisses assessee-company’s SLP challenging Bombay HC order upholding re-assessment initiation (beyond 4 yrs period) based on a special...
-
SC dismisses Revenue’s SLP challenging Bombay HC order in case of assessee (belonging to Lodha group of companies engaged in real estate bu...
-
Claiming a foreign tax credit (FTC) in Australia allows companies to offset foreign taxes paid on income earned overseas against their Aust...
-
HC allows HDFC Bank’s writ petition, quashes AO’s order and subsequent reference to TPO alleging that certain related party transactions [p...
-
Delhi ITAT deletes Rs. 1558.57 cr. capital gains addition on Telenor India for AY 2014-15, holds that set off of non-refundable entry fee p...
-
This Tax Alert summarizes a recent ruling of the Bombay High Court (HC)1 on admissibility of input tax credit (ITC) w.r.t GST on advance p...
No comments:
Post a Comment