Subscription   Feedback   New User   Login      
Tax Management India .com
TMI - Tax Management India. Com
Articles Highlights TMI Notes SMS News Newsletters Calendar Imp. Links Database Experts Contact us More....
Extracts
Home List
← Previous Next →

Adams Elevator Co. Pvt. Ltd. Versus Cestat, Kolkata

Modification of the order - Waiver of the pre deposit - Negative net worth of the company - the petitioner failing to convince the Tribunal that the entirety of the pre-deposit should be waived, the petitioner was not entitled to carry an application for modification on the basis of an order of a Coordinate Bench or an order of the Supreme Court which could have been relied upon on October 28, 2015 - The doctrine of precedents as it is applicable to a Tribunal is primarily founded on the larger .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

nd Soumyajit Mishra, for the Petitioner. Shri S.B. Saraf and K.K. Maiti, for the Respondent. ORDER The petitioner complains of the failure by the Customs, Excise and Service Tax Appellate Tribunal, Eastern Zonal Bench to modify a previous order on the ground that a coordinate Bench of the Tribunal had taken a different view in similar circumstances. 2. An appeal under Section 35B of the Central Excise Act, 1944 was entertained by an order of October 28, 2015. Since such appeal was filed pri .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

the order observed that the failure to deposit the amount would result in dismissal of the appeal without further reference. 3. The petitioner did not make the further deposit of ₹ 6 lakh in terms of the order dated October 28, 2015. Instead, the petitioner applied for modification of the order of admission and such modification application came to be taken up on January 4, 2016, the date fixed by the order of October 28, 2015 for filing the compliance report. 4. The petitioner .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

(S.C.)] is quoted : Delay condoned. Leave Granted. The appeal of the assessee has been dismissed by the Tribunal for non-deposit of ₹ 1.40 Crores. The assessee complains that it has already made an application pointing out to the Tribunal that the Company is under BIFR. According to the assessee, its application dated NIL September, 2005, being Modification Application No..../2005, is pending even today before the Tribunal. In the circumstances, we direct the Tribunal to decide the Modific .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

is disposed of accordingly. 5. Nothing in the order of the Supreme Court amounts to the enunciation of any law that will be binding under Article 141 of the Constitution to the effect that when the net worth of an assessee company is negative, the entire pre-deposit is to be waived. As would appear from the Supreme Court order, it made some observations and left the matter for consideration by the appropriate Tribunal. The order cannot be interpreted to imply that if an assessee with a neg .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

etitioner to demonstrate on October 28, 2015 when the appeal was taken up for admission as to why there should be no pre-deposit. Upon the petitioner failing to convince the Tribunal that the entirety of the pre-deposit should be waived, the petitioner was not entitled to carry an application for modification on the basis of an order of a Coordinate Bench or an order of the Supreme Court which could have been relied upon on October 28, 2015. In any event, interlocutory orders which permit a judi .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 

what is new what is new
  ↓     Latest Happenings     ↓  

Notification: Exempt certain supplies to NPCIL.

Notification: Seeks to amend notification No. 12/2017-CT(R) to exempt right to admission to the events organised under FIFA U-17 World Cup 2017

Notification: Seeks to amend notification No. 11/2017-CT(R) to reduce CGST rate on specified supplies of Works Contract Services.

Forum: 3B mistake

Forum: Excise duty credit on finished stock at additional place of business.

Forum: Input tax credit

Forum: Cess paid instead of SGST

Forum: Manpower Service provider

Forum: Construction of single unit bungalow

Forum: Duty Drawback & Input Credit - under GST

Article: SIMPLIFIED E-WAY BILL UNDER GST

Article: SERVICES UNDER REVERSE CHARGE UNDER GST REGIME

Highlight: Rate of exchange of conversion of the foreign currency with effect from 22th September, 2017 - Notification

Highlight: Companies (Acceptance of Deposits) Second Amendment Rules, 2017 - Notification

Highlight: Implementing Electronic Sealing for containers by exporters under self-sealing procedure prescribed by Circular 26/2017-Cus dated 1st July, 2017 and Circular 36/2017 dated 28 th August, 2017. — reg. - Circular

Highlight: Amendment to Paragraph 2.72 (b) of the Handbook of Procedures of the Foreign Trade Policy (FTP) 2015-20 - Public Notice

Notification: Amendment in Appendix 3 (SCOMET items) to Schedule- 2 of ITC (HS) Classification of Export and Import Items 2012

Circular: Amendment to Paragraph 2.72 (b) of the Handbook of Procedures of the Foreign Trade Policy (FTP) 2015-20

Notification: Companies (Acceptance of Deposits) Second Amendment Rules, 2017

Notification: Rate of exchange of conversion of the foreign currency with effect from 22th September, 2017

News: Exchange Rate of Foreign Currency Relating To Imported and Export Goods Notified

Circular: Promote the officers of the Indian Revenue Service (Customs and Central Excise) to the grade of Principal commissioner of customs, GST & CX

Circular: Allocate the charges amongst the Members of the Central Board of Excise and Customs

Circular: Strategy for audits in 2017-18 consequent to GST - Audit by Central Excise and service Department to continue for the accounting year 2016-17 and for the past period

Circular: Appoint the IRS (C&CE) officers as Principal Commissioner (Revision Application) and ex-officio Additional Secretary

Circular: Time limit for filing intimation for composition levy under Rule 3(1) of the CGST Rules, 2017 extended to 16-8-2017

Circular: Extension of time limit for submitting the declaration in FORM GST TRAN-1 under rule 120A of the Central Goods and Service Tax Rules, 2017

Circular: C.B.E. & C. Advisory on Customs related matters on introduction of Goods and Services Tax regime

Circular: List of Reduced Tax Liabilities under GST regime in comparison to present combined Indirect Tax rates

Circular: Works Contract for construction of Flats, Complex — Builders to pass on GST benefit to buyer otherwise anti-profiteering provisions of Section 171 of GST Act to apply

Circular: Clarification regarding applicability of section 16 of the IGST Act, 2017, relating to zero rated supply for the purpose of Compensation Cess on exports – Regarding.

Circular: Clarification on Inter-state movement of various modes of conveyance, carrying goods or passengers or for repairs and maintenance- regarding

News: RBI Reference Rate for US $

Highlight: Addition u/s 23(1)(a) - deemed rent - once the property is let out and at any point of time this remained vacant during the same cannot be brought to tax under the head House properties income.

News: Haryana constitutes screening committee on anti-profiteering

Highlight: Valuation of imported goods - it is necessary to re-examine the matter of both license agreement as well as supply contract simultaneously, to see if the enhanced royalty was in the guise of adjustment of the price of components.

Notification: Levy of anti dumping duty on New/unused pneumatic radial tyres with or without tubes and/or flap of rubber (including tubeless tyres) having normal rim dia code above 16 originating in, or exported from China PR

Highlight: Cenvat credit availed on Club Membership for the Director is not admissible as it cannot be said to be remotely connected with the activity of manufacture

Circular: Amendments in Hand Book of Procedures 2015-20 –reg.

News: Jaitley asks biz not to wait till last day to file GST returns

Circular: Implementing Electronic Sealing for containers by exporters under self-sealing procedure prescribed by Circular 26/2017-Cus dated 1st July, 2017 and Circular 36/2017 dated 28 th August, 2017. — reg.

Article: 20 Things You must know about E Way Bills in GST Law

Article: ‘DUTY DRAWBACK’ CANNOT BE EQUATED WITH ‘REBATE OF DUTY’

Highlight: Notification regarding GST rate for branded cereal, pulses and flour

News: Notification regarding GST rate for branded cereal, pulses and flour

Highlight: Anti-dumping duty on import of bus/truck tyres from China

Highlight: Cabinet approves Extension of time period of the Scheme "Special Industry Initiative for J&K" (Sll J&K) - Udaan

Highlight: Non-payment of service tax - maintenance and repair charges - appellants had knowingly and deliberately shown the repair charges as job work charges to mislead about their taxability - demand confirmed.

Highlight: BAS - execution of the project of smart card for vehicle registration – implementing the SOC-VRC project - The fact that the Government has outsourced some part of the work and paid certain consideration for such outsourced work, does not make the activity subject to service tax.

News: Cabinet approves Extension of time period of the Scheme "Special Industry Initiative for J&K" (Sll J&K) - Udaan



|| Home || Acts and Rules || Notifications || Circulars || Schedules || Tariff || Forms || Case Laws || Manuals ||

|| About us || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members || Site Map ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version