SIGN IN SUBSCRIBE

News Update

Requisite Checks for Appeals - RespondentInheritance Tax row - A golden opportunity to end 32-years long Policy Paralysis on DTCThe Heat is on: Preserving Earth's Climate in the Face of Global WarmingVAT - Timeline for frefund must be followed mandatorily while recovering dues under Delhi VAT Act: SCIndia, Australia to work closely for collaborative projectsCX - All the information was available to department in 2003 itself, therefore, SCN issued four years after gathering information is not sustainable and is highly barred by limitation: HCPowerful voices of amazing women leaders resonated at UN HqsCX - Clearance to sister concern for captive consumption - Department cannot compel assessee to perpetuate the illegality and in such circumstances the whole exercise was revenue neutral: HC75 International visitors from 23 countries arrive to watch world's largest elections unfoldCentre asks States to improve organ donation frequencyCus - Revenue involved in the appeal filed by Commissioner is far below the threshold monetary limit fixed by the CBEC, therefore, department cannot proceed with this appeal - Appeal stands disposed of: HCPM says NO to religion-based reservationCus - Export of non-basmati rice - Since the objective of Central Government in imposing ban with immediate effect was to avert a food crisis in the country, a strict compliance of exemption conditions would further the said intent of the Notification(s): HCAdani Port to develop port in PhilippinesCX - Appellant should not be left without an opportunity to put-forth his case on merits, particularly, when matter was decided during period of Covid-19 pandemic and also appellant contends that no opportunity of virtual hearing was granted by adjudicating authority: HCKiller floods - 228 killed in Kenya + 78 in BrazilI-T - Grant of registration u/s 12A can't be denied by invoking Sec 13(1)(b), as provisions of section 13 would be attracted only at time of assessment and not at time of grant of registration: ITATFlight cancellation case: Qantas accepts USD 66 mn penaltyI-T- Joint ownership in two residential properties at the time of sale of the original asset does not disentitle the assessee to claim of deduction under section 54F of the Act: ITATIsrael shuts down Al Jazeera; seizes broadcast equipmentI-T - If assessee was prevented from production of evidences because of its non-availability or delay in its retrieval coupled with ongoing several reassessment, assessee should be allowed to adduce additional evidence: ITATIndia to wait for Canadian Police inputs on arrest of men accused of killing Sikh separatist: JaishankarI-T- If assessee is otherwise found eligible, CIT(E) should grant provisional approval to assessee under Clause (iii) to First Proviso to section 80G(5): ITATLabour Party candidate Sadiq Khan wins record third term as London MayorI-T - Donation made to trust which is otherwise not approved during relevant period as per CBDT Circular, is not eligible for deduction u/s 35(1): ITATGovt scraps ban on export of onionI-T- Assessee could have filed application in Form No.10AB on or before 30.09.2022, which assessee failed to do : ITATUS Nurse convicted of killing 17 patients - 700 yrs of jail-term awardedI-T- AO erred in making addition for completed/non abated assessment as no incriminating material found during course of search :ITAT
 
Mandatory pre-deposit of 7.5% under amended Sec 35F - Not applicable to assessments prior to amendment - Madras HC allows Petitioner to file appeal and stay application without any deposit

By TIOL News Service

CHENNAI, JULY 15, 2015: PETITIONER is engaged in the business of sourcing Orders for Foreign Buyers to procure Indian Garments. Issue raised in Writ Petition is whether receipt of Trade margin by the petitioner in convertible foreign exchange is liable to service tax under the category of “Business Auxiliary Services”. Petitioner contended that respondent passed Order without following the ratio already decided in earlier orders in their own case and that Order is non-speaking and without jurisdiction. Petitioner submitted that though they have merits in the matter, they are prepared to file appeal before CESTAT and relied on decisions of Andhra Pradesh High Court (decision in M/s K.Rama Mohana Rao & Co - 2015-TIOL-511-HC-AP-CX) and Kerala High Court (decision in M/s. Muthoot Finance Limited - 2015-TIOL-632-HC-KERALA-ST) wherein direction was given to file appeal without making payment of pre-deposit of 7.5%

Respondent opposed the prayer and contended that High Court of Kerala and Andhra Pradesh High Court did not deal with the second proviso to Section 35F of the Act and hence petitioner should pay pre-deposit as per law. The High Court however rejected the submissions of the department. The High Court held that in the present case to apply the second proviso and to deny the benefit of filing the appeal without making the payment of 7.5% before the CESTAT, it should be shown that the Petitioner had filed appeal/ stay application and the same are pending. Therefore, The High Court held that the petitioner is entitled to have the benefit of the ratio laid down by both the Kerala High Court and Andhra Pradesh High Court. The High Court also relied on the decision of the Madras High Court decision in 2006 (147) STC 218 (Mad) and directed the Petitioner to file an Appeal before the CESTAT along with stay application, without making pre-deposit of 7.5% within a period of two weeks.

(See 2015-TIOL-1592-HC-MAD-ST)


POST YOUR COMMENTS
   

TIOL Tube Latest

TIOL Tube
Shri N K Singh, recipient of TIOL FISCAL HERITAGE AWARD 2023, delivering his acceptance speech at Fiscal Awards event held on April 6, 2024 at Taj Mahal Hotel, New Delhi.

TOP NEWS

AR not Afar by SK Rahman

VISION 360



Shri Ram Nath Kovind, Hon'ble 14th President of India, addressing the gathering at TIOL Special Awards event.

TII LATEST

TIOLCORPLAWS LATEST