2015-TIOL-INSTANT-ALL-250
08 October 2015   

simply inTAXicating - Rule 56(j): Retired or Fired?

simply inTAXicating - Rule 56(j): Retired or Fired?

The DoP&T recently came out with a detailed Office Memo on one of the most maligned Fundamental Rules - Rule 56(j). This rule deals with the subject of premature retirement of a government servant. It was last invoked against a good number of senior IRS officers in 1986. Since then it has been a dormant provision. The Modi Government has taken a decision to make use of this Rule to chop off the non-performers and eliminate the dead wood. How effective is going to be this Rule to be used as a tool to ease out non-performers from our bureaucracy. To look into the various aspects of it TIOL TUBE invited four former Civil Servants - two from the All India Services and two from the Central Services. And they are - Mr Sudhir Kumar, IPS and Former Vigilance Commissioner of India; Mr S N Jha, a 1972 Batch IAS officer, Mr Sumit Dutt Majumder, former CBEC Chairman and Mr S S Khan, former CBDT Member. The debate was moderated by TIOL TUBE Editor, Mr Shailendra Kumar.

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STAR INDUSTRIES Vs CC
In Favour Of : Revenue 
2015-TIOL-234-SC

Cus - CVD - Notfn. 4/2006-CE which exempts only ‘Ores' would not include 'concentrates' because of the reason that after the insertion of Note 4, concentrate is to be treated as a different product than ores, in law for the purposes of products of Chapter 26 - Appeal dismissed: Supreme Court [para 28, 29, 30, 31, 35]

MAHADEV METALIKS PVT LTD Vs UoI
In Favour Of : Disposed of 
2015-TIOL-2333-HC

Customs - Import of gold jewellery from Indonesia under FTA Notification No 46/2011 Cus dated 01.06.2011 - Bills of entry provisionally assessed with the condition of bond along with full financial guarantee to cover the differential duty - Writ Petition challenging the same. Held: The authorities have failed to adhere to the procedure with respect to entertaining of the doubt within the timeframe which is allowed under the Regulations for determination of origin of goods - Impugned communication is set aside - Respondents directed to release the goods on condition of the petitioner in each case paying 30% of the duty on the goods being imported and also furnishing a surety bond to the satisfaction of the Custom Authorities for the balance 70% of the differential duty. ( para 32) AP

 

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