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 →

M/s. Aadarsh Prints & Another Versus The Union of India & Others

Sealing of factory premises - seizure of machinery - EPCG Scheme - Held that: - there is partial compliance of the statement, which was recorded by this Court on 29th March, 2017. Now the lock placed on the outer door of the room, where the machine was installed, has been removed. Prima facie, this re-enforces this Court's view in arriving at a conclusion that the respondents proceeded to place a lock and seal on the immovable property, namely, the outer door of the factory premises, where the m .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ill 31st July, 2017, the petitioners shall not transfer or dispose of the machine, but, it shall be retained by them in safe custody - petition allowed - decided in favor of petitioner. - Writ Petition No. 3629 of 2017 - Dated:- 3-4-2017 - S. C. Dharmadhikari And Prakash D. Naik, JJ. Mr. Prakash Shah, a/w. Mr. Ajay Singh and Mr. Jas Sanghavi, i/b. M/s. PDS Legal, Advocate for the Petitioners Mr. Pradeep S. Jetly, Advocate for the Respondents ORDER P. C. By this petition, under Article 226 of the .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

hearing both the sides, briefly, on 29th March, 2017, we passed the following order: 1. This writ petition challenges an action and which according to the Petitioners' counsel Mr.Shah is of sealing of premises. 2. Our attention is invited to Customs Act, 1962 by Mr. Shah and particularly Section 110 thereof. He would submit that the power and which flows from several provisions contained in Chapter XIII of the Customs Act, 1962, titled as Searches, Seizure and Arrest denote that seizure cont .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

tions, Mr.Jetly would seek time. At his request, we place this matter and high on board on Monday, 3rd April 2017. 4. On our pointed query as to how from page 22 of the paper book can one decide whether it is only a sealing of a machine/goods and not of the premises, Mr. Jetly on taking instructions from the official of Customs present in Court makes a statement that it will not show correct position as it is only a photograph. The correct position is that there is no sealing of any immovable pr .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

e of the machine and if at all any seal is placed thereon, that shall continue till 3rd April 2017. Stand over to 3rd April 2017, high on board. 4 Before we proceed further, we would like to narrate some facts, which the petitioners have set out and which are based on the uncontroverted documents emanating from the Customs Department itself. 5 The first petitioner claims to be a Partnership Firm, registered under the Indian Partnership Act, 1932. It is engaged in the business of printing on pack .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

cheme. This Scheme, stated as Export Promotion Capital Goods Scheme , is a part and parcel of the Foreign Trade Policy for 2009-2014. 6 The petitioners claim that an EPCG license was issued on 18th August, 2011 for import of this machine and free of Customs Duty. There was an export obligation, which was required to be fulfilled. Reliance is placed on the Condition Sheet attached to the EPCG license; especially, Condition No.4 thereof, which is part and parcel of this license. That condition rea .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

od would come to an end only in August 2017. 8 In respect of this import, the petitioners have relied upon the Bill of Entry dated 14th October, 2011, evidencing execution of a Bond in the sum of ₹ 17,87,500/-, being the duty saved on the said import. The petitioners submit that they have also furnished a Bank Guarantee for the said sum. 9 This condition, as reproduced above, is claimed to have been complied with by the petitioners. They have set out this fact in paragraph No.6 of the peti .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

recorded. No show-cause notice for duty demand and/or penalty has been issued to the petitioners, but, suddenly, the Deputy Commissioner of Customs (Preventive), respondent No.3 herein, issued a search warrant. That search warrant dated 21st March, 2017, issued by respondent No.3-Deputy Commissioner of Customs (Preventive), enabled respondent No.4-Superintendent of Customs (SIIB-X) to carry out the aforesaid act. 11 The petitioners, after completion of the search, have executed a Supratnama . T .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

seek to justify it by, firstly, urging that the petitioners have failed to comply with the export obligation on the goods imported under the Export Promotion Capital Goods Scheme at zero duty , claiming exemption under paragraph 5 of the Foreign Trade Policy 2009-14, read with Notification No.102/2009-Cus dated 11th September, 2009. It was a facility available to an exporter/manufacturer, subject to fulfillment of the export obligations. Further, the Notification obliges parties like the petiti .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

have got the Bank Guarantee and Bond duly cancelled. Now, the fraud has been exposed during the investigations. The petitioners are, prima facie, found guilty of this fraud and having cheated the revenue. The Revenue must be allowed to unearth the fraud completely. 14. For the present, only duty obligation and payment thereof to the tune of ₹ 17,87,489/- is computed. The investigations are underway. The investigation would reveal as to how the fraud systematically perpetrated by the parti .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

machines and not by utilizing the capital goods imported under the EPCG license, namely, 'offset machine'. 15 It is in these circumstances that the fraud, as revealed from the further statement of the petitioners' Partner Shri. Vipul Shah, has enabled the respondents to seal the factory premises of the petitioners and seize the machine as well. 16 We have perused the affidavit-in-reply filed by the respondents. 17 Mr. Shah, appearing on behalf of the petitioners, states that the peti .....

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 machine was installed. Thus, we do find the act of locking the immovable property instead of movable property, against the provisions of Section 110 of the Customs Act, 1962 and against the Scheme of the Act. Particularly, at this stage, we find that the documents, emanating from the Customs Department, are of the year 2014. The petitioners have relied upon the Redemption Letter dated 7th October, 2014, a copy of which is annexed at page No.17 of the paper book. It indicates that the petiti .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

Nehru Custom House, Sheva, Tal. Uran, Dist. Raigad, by relying upon the communication from the Foreign Trade Development Officer, duly cancelled the Bank Guarantee executed by the petitioners. The Bond in the sum of ₹ 17,85,500/- executed by the petitioners also stood cancelled. The endorsement made in this communication, which is appearing on page No.18 of the paperbook, is that, if it is discovered later on that, any of the information or documents submitted by the petitioners are incorr .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

o hold that the Customs Department has doubted fulfillment of the export obligations by the petitioners. We are of the opinion that if the petitioners were involved in a systematic fraud, by conniving and in collusion with M/s. Riddhi Enterprises, two years period was enough and, in this case, to unearth such a fraud. If the fraud is perpetrated by the petitioners and the capital goods were never utilized by the manufacturer, then, we do not see any reason as to why, after completion of two year .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

en exercised purportedly in this case after the documents emanating from the Customs Department themselves were holding the field for two years and more. That is why if the proper officer had reason to believe that any goods are liable to be confiscated under the Customs Act, 1962 and has seized them, then, how, the respondents can insist that they will pass a provisional release order only on a bond from the petitioners and in a proper form. Additionally, this Court must impose such conditions .....

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: Absolute Exemption from IGST on inter-State supplies of goods

Notification: CGST Rate Schedule u/s 9(1) - notifying rates of CGST @ 2.5%, 6%, 9%, 14%, 1.5% and 0.125% on Supply of Goods

Notification: seeks to exempt Skimmed milk powder, or concentrated milk

Forum: REGISTRETION

Forum: On what Value tax to be deducted at source (TDS)

Highlight: IGST Rate Schedule u/s 5(1) - notifying rates of IGST @ 5%, 12%, 18%, 28%, 3% and 0.25% on supply of goods. - Notification no. 1/2017 as amended vide notification dated 22-9-2017

Notification: IGST Rate Schedule u/s 5(1) - notifying rates of IGST @ 5%, 12%, 18%, 28%, 3% and 0.25% on supply of goods.

Highlight: National Advisory Committee on Accounting Standards - Tenure of the NACAS extended from one year to two years

Notification: National Advisory Committee on Accounting Standards

Forum: Duty Drawback- Urgent

Notification: Central Government appoints the 20th September, 2017 as the date on which proviso to clause (87) of section 2 of the Companies Act 2013, shall come into force - "subsidiary company" or "subsidiary"

Highlight: Restriction on number of layers for certain classes of holding companies - More than two layers of subsidiaries not allowed subject to certain exceptions.

Forum: GST on RCM on rent in a unregistered state

Forum: COMPOSITION SCHEME

Forum: Input Tax Credit - Reg

Article: Websites of Government Departments need lot of improvement. We are noticing detoriations in them for example, case of website of ITAT.

Highlight: Levy of additions tax u/s 115O on distribution of dividend - shares of its profits declared as distributable among the shareholders is not impressed with the character of the profit from which it reaches the hands of the shareholder - not to be bifurcated as agriculture and non-agriculture dividend - SC

Highlight: Rate of GST on old and scrap buses - 28% or 18% - at such initial tender process initiated by the Respondents-KSRTC, the present petitions filed by the petitioners are premature and misconceived and do not require any interference by this Court at this stage. - HC

Highlight: In view of amendment made u/s 132A of the Income Tax Act, 1961 by Finance Act of 2017, the 'reason to believe' or 'reason to suspect', as the case may be, shall not be disclosed to any person or any authority or the Appellate Tribunal, SC dismissed the appeal of the assessee

Highlight: Validity of Assessment Order - period of limitation u/s 153 (2A) is applicable even if the entire order was not set aside but matter was remanded back for for limited aspects with directions - HC

News: Note ban was a shake-up, achieved its main objectives

Notification: Amendments in the notification No.5/2017- Integrated Tax (Rate) dated the 28th June, 2017.

Highlight: Levying interest u/s 234C - interest is to be charged on the returned income and not on assessed income.

Highlight: Accrual of income - sale of right to develop and sell incentive FSI under LOI - till the conditions of LOI are fulfilled transfer is not complete and income does not accrue to the assessee

Highlight: TPA - determination of ALP - TP adjustment by applying Bright Line Test (BLT) is not sustainable on protective basis having no statutory mandate.

Highlight: Safeguard Duty - Advance License Scheme - as there is no exemption from safeguard duty leviable under Section 8C, which is imposed on the goods imported from China, the importer has to pay safeguard duty

Highlight: Manufacture - process of cutting of waste plastic container - Such plastic containers before and after cutting are nothing but waste / scrap - Not a manufacturing activity as no new product emerges.

News: NITI Aayog and Govt. of Assam organizes workshop on health sector reforms in Guwahati; launches SATH- Sustainable Action for Transforming Human Capital

Notification: Seeks to amend notification no. 5/2017- central tax(rate) dated 28.06.2017 to give effect to gst council decisions regarding restriction of refund on corduroy fabrics

Notification: Seeks to amend notification no. 2/2017- central tax(rate) dated 28.06.2017 to give effect to gst council decisions regarding gst exemptions

Notification: Seeks to amend notification no. 2/2017- integrated tax(rate) dated 28.06.2017 to give effect to GST council decisions regarding GST exemptions.

Notification: Seeks to amend notification no. 1/2017- central tax(rate) dated 28.06.2017 to give effect to gst council decisions regarding gst rates

Notification: Seeks to amend notification no. 1/2017- integrated tax(rate) dated 28.06.2017 to give effect to gst council decisions regarding gst rates.

News: Notification Issued For GST Actionable Claim On Branded Food Products

Highlight: Classification printed computer stationary/manifold Business Forms - to be classified under Chapter Heading 4820.00 or under Chapter Heading 4901.90 - items like A4 sheets, advertisement and job card to be classified under Chapter 49

Article: RCM Applicability to persons not liable to get registered us 23(1)

Article: Credit of unsold stock [Section 140(3)] - Actual Credit as well as Notional Credit - Part-I - GST Transitional provisions

News: GST Refund - Blockage of Working Capital of Exporters - earlier also there was a normal blockage of funds for a period of 5-6 months at least

News: Clarification about Transition Credit - ₹ 1.27 lakh crore of credit of Central Excise and Service Tax was lying as closing balance as on 30th June, 2017 - claim of credit of ₹ 65,000 crore is not unexpected

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

Article: MISTAKES IN DRAFTING

Highlight: The Customs and Central Excise Duties Drawback Rules, 2017 and All Industry Rates (AIRs) of Drawback related changes -reg. - Circular

Highlight: The definition of "subsidiary company" or "subsidiary" u/s 2(87) of the Companies Act, 2013 shall come into force w.e.f. 20-9-2017

Highlight: Central Government notified the All Industry Rates of Duty Drawback Schedule w.e.f. 1.10.2017 - Notification

Notification: All Industry Rates of Duty Drawback Schedule w.e.f. 1.10.2017

Circular: Investment by Foreign Portfolio Investors in Corporate Debt Securities Review

Notification: Exemptions on supply of services under UTGST Act

Notification: Rates for supply of services under UTGST Act

Notification: Exemptions on supply of services under IGST Act

Notification: Rates for supply of services under IGST Act



|| 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