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)
Section 56(2)(ix): Forfeiture of Advance Money Received – A Critical Analysis
The Dual Conditions for Taxability Section 56(2)(ix) of the Income Tax Act imposes tax liability on sums received as advance or otherwise du...
-
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...
-
Selling a property can trigger a significant tax liability in the form of capital gains tax. However, the Income-tax Act, 1961, allows you...
-
Clarifications from the GST Council The GST Council has recommended the following clarifications on ISD and cross charge:
-
The Indian tax landscape has witnessed several significant judicial pronouncements in recent months. From the Supreme Court to various Hig...
-
The Income-tax Appellate Tribunal has recently notified the Income-tax (Appellate Tribunal) Amendment Rules, 2025, introducing important p...
-
The Goods and Services Tax (GST) regime continues to evolve through judicial interpretations. From the Supreme Court to various High Court...
-
Sr No Due Date Related to Compliance to be made 1 11.07.2026 GST ...
-
In the case of "Maya Gopinathan vs Anoop SB 2024 INSC 334," the Hon'ble Supreme Court provided insightful guidance on the de...
-
For Non-Resident Indians (NRIs) planning to move back home, the relocation is only half the journey. The other half is understanding how t...
-
In a significant development, the Supreme Court has dismissed the Revenue’s Special Leave Petition (SLP) challenging a Bombay High Court (...
No comments:
Post a Comment