HC
dismisses challenge to preliminary findings of DG Safeguards recommending 70%
ad valorem safeguard duty on import of Solar Cells whether or not assembled in
modules or panels, pursuant to an investigation in this regard; Concurs with
Revenue that Govt. has not imposed any provisional duty and therefore, there is
no cause of action for filing writ petition and that there cannot be any
investigation within an investigation for if such process is adopted, entire
purpose of Section 8B(2) of Customs Tariff Act would be defeated; Observes, on
a reading of Section 8B(1) & (2), it is clear that said provision does not
contemplate taking views from any party and is based on subjective satisfaction
of Central Govt., preliminary findings given by DG Safeguards will only
constitute a material based on which provisional duty shall be imposed; Though
DG Safeguards can be treated as a quasi-judicial authority for main
adjudication, while recording provisional recommendation, it is not required to
hear any party and the fact that Govt. may have to act reasonably / fairly does
not mean that in every case, principles of natural justice must be followed;
Noting that no prejudice would be caused to assessee inasmuch as public hearing
will be held in due course before making a final determination, HC remarks,
“actions instituted in courts….have portents of derailing decisions, which
could have a cascading impact and inflict resultant damage, not only on the
Domestic Industry in issue, but even on industries, which are vertically
integrated to the Domestic Industry, as also on their employees and industrial
labour, which perhaps at times courts cannot monetarily quantify” :
Madras HC
Subscribe to:
Post Comments (Atom)
Bombay HC Clarifies That Genuine Bad Debt Write-offs Need Not Fail for Accounting Technicalities
Businesses often find themselves in a peculiar position when a customer default turns into a prolonged dispute. Even where recovery procee...
-
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...
-
Issue before the Income-tax Appellate Tribunal (ITAT) Whether the phrase “paid up capital and general reserves” should be defined as “Ne...
-
Introduction Employee welfare is a cornerstone of corporate responsibility, and gratuity forms a critical part of the social security benefi...
-
Sr No Due Date Related to Compliance to be made 1. 11.06.2026 GST ...
-
In the complex landscape of India’s Goods and Services Tax (GST), the tax treatment of non-compete fees has emerged as a critical area f...
-
Selling a property can trigger a significant tax liability in the form of capital gains tax. However, the Income-tax Act, 1961, allows you...
-
Capital gains taxation on immovable property under the Income-tax Act, 1961 often turns on a deceptively simple question: when is a proper...
-
Tax Deducted at Source (TDS) is generally not applicable to interchange fees, payment gateway charges, or the Merchant Discount Rate (MDR)...
-
The newly enacted Income Tax Act, 2025, marks a significant step toward simplification by consolidating multiple presumptive taxation sche...
-
In a significant victory for multinational enterprises and foreign portfolio investors, the Delhi bench of the Income Tax Appellate Tribun...
No comments:
Post a Comment