News Update

GSTN activates functionality to file quarterly GSTR-1 returns for taxpayers having less than Rs 1.5 Cr turnoverCBEC Chairperson asks for expediting work relating to division of taxpayers; verification of transitional credit claims & timely revenue analysisWidespread tax evasion compelled GST Council to advance e-Way Bill: Sushil ModiGuwahati DRI nabs three persons with gold bars worth Rs 2.4 CroreGST - If ownership of imported goods kept in bonded warehouse is transferred, such transaction to be liable to IGST, clarifies CBECAP CM to position his State as Education HubUS taxpayers not hopeful of decline in taxes next year: PollsSC orders re-examination of 349 FDC medicines such as Corex Cough syrup + Vicks Action 500e-Way Bill - GST Council decides to notify it from Feb 1, 2018 on Inter-State movement of goodsIncome tax - Figures mentioned in loose sheet cannot be automatically treated as incriminating material, for initiating reopening: ITATCX - Revenue failing to cause enquiry to ascertain truth from IT Dept. regarding seizure of document shall not debar appellant from respective claim of CENVAT credit: CESTATFM urged to hike TDS limit for bank interest and extend date of Masala Bond TDSNewsprint publications - UP tops tally; followed by MaharashtraUnion Cabinet clears bill to substitute MCI Act to regulate 40% seats even in private medical collegesExports picks up in Nov but trade deficit also swells between Apr-NovDebit Card Payment - Govt to reimburse banks MDR charges on transactions upto Rs 2KGovt has fixed ceiling prices of 849 medicines so far: MandaviyaConsumer Helpline receives over 3 lakh plaints relating to e-commerce, banking, insurance, telecom and real estate sectorsNovember exports gallops @30.5% in Dollar termsPre-Budget Meet - Bankers urge FM to hike TDS limit of bank interest from Rs 10KCabinet okays proposal to reimburse banks MDR charges for debit card payments upto Rs 2000Cabinet approves subsidy to industrial units located in N-ECabinet okays UNESCO's Training Centre for Operational Oceanography in HyderabadCabinet okays special package for employment generation in leather & footwear sectorsCabinet okays 2nd financial restructuring proposal of Konkan Railway Corporation Limited (See 'TOG News')Cabinet nod to subsidize MDR charges on digital payments (See 'TOG News')Govt substantially reduces tariff value of gold, silver and edible oilsGST - Nebulous state of affairs - Court fully justified in initiating action for contempt, however, considering sensitivity of matter, is inclined to give one more opportunity to respondent to consider representations and pass orders: HCPM to launch 60MW Tuirial Hydro Power Project tomorrow
 
Cus - SCN pending adjudication - 14 years since importer paid duty under protest and they are running from pillar to post for refund - contempt proceedings against Commr: CESTAT

By TIOL News Service

MUMBAI, DEC 07, 2017: AGAINST the import made vide Bill of Entry dated 02.07.2003, when refund of duty of Rs.26,63,876/- paid Under Protest was claimed by the appellant, that was denied by the adjudicating authority. Such denial was made by a letter dated 28.09.2006 issued on 02.11.2006 and received by the assessee on 17.11.2006.

The appellant preferred an appeal against the above letter but the Commissioner(Appeals) dismissed the same on the ground that the refund had not yet arisen.

Incidentally, a show-cause notice dated 28.09.2006 was issued on 02.11.2006 to the appellant proposing adjudication of classification of the goods imported.

However, the said SCN is not yet adjudicated.

In the matter of the order of dismissal of appeal passed by the Commissioner (Appeals), the appellant has filed an appeal before the Tribunal.

The CESTAT noted -

+ No adjudication has been done although 11 years have expired.

+ 14 years have passed and the appellant is running from pillar to post.

Therefore, the Bench observed -

"4. In view of the above, notice is hereby issued to the learned Commissioner to show-cause as to the reason why contempt proceedings shall not be initiated against him for the denial of justice to the appellant even though 11 years have passed from the date of issuance of show-cause notice and neither hearing of the case was made nor adjudication order has been passed, for reference to Hon'ble High Court of Bombay for appropriate order."

The Commissioner was directed to appear before the CESTAT in person and reply on his defence.

The Registry was directed to mark a copy of the order to the Chief Commissioner and Chairman of CBE&C, New Delhi for appropriate advice to the field.

(See 2017-TIOL-4304-CESTAT-MUM)


POST YOUR COMMENTS
   
Shemaleup.net x-comics.org vr-porn360.net