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)
New Customs Scheme for Manufacturing Sector
The Regulations enable an Authorized Importer to clear the imported goods directly from port to its manufacturing unit (‘ Authorised Premi...
-
Direct Tax · No change in the rate of corporate tax including surcharge & cess.
-
Buyback is an important provision related to Share Capital of a company. Rule 17 of the Companies Act set out norms for buyback...
-
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...
-
The Input Service Distributor (ISD) mandate, introduced in the Union Budget 2024, will take effect from April 1, 2025, as per amendments to ...
-
In this post, I will discuss Secretarial Standards related to Proxies under SS – 2. Right to Appoint: A Member entitled to attend and ...
-
The Union Budget 2025 introduces significant amendments to transfer pricing (TP) regulations under the Income Tax Act. These changes focu...
-
LEASE-DEED (A brief Introduction) Lease defined. A lease of immovable property is a transfer of a right to enjoy such property, mad...
-
The Income Tax Department has developed the latest JAVA base ITR Forms utility. ITR-1 (Sahaj) and ITR-4S (Subam) JAVA base utility has ...
-
Sr No Due Date Related to Compliance to be made 1 11.02.2025 GST ...
No comments:
Post a Comment