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)
Department of Commerce issues clarification on newly inserted Rule 11B of SEZ Rules
This Tax Alert summarizes a recent instruction issued by the SEZ Division, Department of Commerce, clarifying various concerns relating t...
-
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...
-
LEASE-DEED (A brief Introduction) Lease defined. A lease of immovable property is a transfer of a right to enjoy such property, mad...
-
Introduction It's important for taxpayers to have a clear understanding of the available allowances and deductions, as they can grea...
-
· 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.
-
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...
-
Earlier this year, the Mauritius Government approved the amendment to the India – Mauritius tax treaty, aligning it with the proposal of th...
-
Slump sale is transfer of one or more business undertakings for a lump sum consideration, without assigning individual values to the each...
-
An eminent concern within the GST framework pertains to the entitlement of Input Tax Credit (ITC) concerning expenditures associated with In...
-
Introduction The law relating to companies is laid down in Companies Act, 2013 and the rules made thereunder and t...
-
Facts · India company has overseas subsidiary companies and there may arise requirement wherein customer execution requires the inv...
No comments:
Post a Comment