SIGN IN SUBSCRIBE

News Update

PM-STIAC discusses accelerating Industry-Academia Partnership for Research and InnovationIndia, Singapore hold dialogue over cyber policy44 bids received under 10th Round of Commercial Coal Mine AuctionsCops arrest former Dy PM of Nepal in cooperative fraud casePuri highlights India's Petrochemical potential at India Chem 2024UN reports record high cocaine production in ColombiaMinister unveils 'Aviation Park' showcasing India's Aviation HeritageED finds PFI wanted to start Islamic movement in IndiaBlocking Credit - Rule 86ASEBI says investors can use 3-in-1 accounts to apply online for securitiesI-T- Penalty u/s 271(1)(b) need not be imposed when assessee moved an adjournment application & later complied with notice u/s 142(1): ITAT4 Kanwariyas killed as vehicle runs over them in Banka, BiharI-T- Accounting principles do not prescribe maintaining of a day-to-day stock register, and the books of accounts cannot be rejected on this basis alone: ITATUN food looted and diverted to army in EthiopiaCus - Alleged breach of conditions for operating public bonded warehouse; CESTAT rightly rejected allegations, having found no evidence of any such breach: HCUS budget deficit surges beyond USD 1.8 trillionST - Onus for proving admissibility of Cenvat Credit rests with service provider under Rule 9(6) of the Cenvat Credit Rules, 2004: CESTATIf China goes into Taiwan, Trump promises to impose additional tariffsRussians love Indian films; Putin lauds BollywoodCus - Classification of goods is to be determined in accordance with Customs Tariff Act & General Interpretative Rules; Country-of-Origin Certificate may offer some guidance, but cannot solely dictate classification: CESTATCus - Benefit of such Country-of-Origin certificates cannot be denied if all relevant conditions are met under the applicable Customs Tariff rules: CESTATCuban power grid collapses; Country plunges into darknessCus - As per trite law, merely claiming a classification or exemption does not constitute mis-declaration or suppression - any misclassification does not equate to willful intent to evade duty: CESTATKarnataka mulling over 2% fee on aggregator platforms to bankroll gig worker welfare fundCus - Extended limitation cannot be invoked in case of assessee who is a regular importer with a consistent classification approach: CESTAT
 
ST - Delay in granting refund by Commissioner - Tribunal does not appreciate filing of ROM by Revenue but to meet ends of justice application listed for hearing on top of Board: CESTAT

By TIOL News Service

MUMBAI, DEC 08, 2014: IN the case of Vodafone (I) Ltd., the CESTAT had on 30.10.2014 [2014-TIOL-2263-CESTAT-MUM] observed -

ST - Commissioner is gaining time by citing one reason or the other and not sanctioning the refund- authorities to take expeditious steps to sanction the refund keeping in mind that interest is to be paid from the kitty of the general public - Order marked to Finance Minister for consideration: CESTAT

Fifteen days' time was granted to the Commissioner of Service Tax-III, Mumbai to dispose of the refund claim.

When the matter was posted on 17th November, 2014 to report compliance, the Special Counsel appointed by the Revenue informed the Bench that the Revenue had preferred miscellaneous application (filed on 11.11.2014) for rectification of mistake in the final order no. A/1381-1385/CSTB/C-I dt. 21.8.2014 [2014-TIOL-1794-CESTAT-MUM] passed by the Tribunal on the ground mainly that question of unjust enrichment has not been looked into by the Bench and the same needs to be gone into.

Evidently peeved by this submission, the Bench observed -

"4. This Tribunal does not appreciate the filing of ROM application at this stage, for meet the ends of justice, we direct the Registry that the ROM application filed on or before 11.11.2014 by the Revenue be listed on top of the Board before the appropriate Bench on 21.11.2014. Further, we direct the concerned Commissioner to file an undertaking before this Tribunal to the effect that in case the Revenue does not succeed in the ROM application, the refund shall be disposed within three working days from the date of disposal of the ROM. Such undertaking should be filed by Thursday on 20.11.2014. This order is being passed in the presence of Counsel for both the parties who have noted the contents of this order. Put up on 21.11.2014. No notice. No adjournment shall be allowed under any circumstances. Order be given Dasti."

In passing: What happened on 20.11.2014…we will let you know soon!

(See 2014-TIOL-2469-CESTAT-MUM)


POST YOUR COMMENTS
   

TIOL Tube Latest

TIOL Tube
Shri Samrat Choudhary, Hon’ble Deputy CM & FM of State of Bihar, delivering inaugural speech at TIOL Tax Congress 2024.

TOP NEWS


AR not Afar by SK Rahman

VISION 360



Justice A K Patnaik, Mentor to Hon'ble Jury for TIOL Awards 2024, addressing the gathering at the event.

TII LATEST

TIOLCORPLAWS LATEST