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Customs - Highlights / Catch Notes

Home Highlights June 2021 Year 2021 This

Seeking Modification of order of Settlement Commission - The ...

Customs

June 11, 2021

Seeking Modification of order of Settlement Commission - The order of the first respondent Settlement Commission is a package and it is not a substitute for an adjudication order that would have been passed by an adjudicating authority under the Act. It is for the petitioner to take advantage of it as it is or face the consequences by violating it - HC

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  1. Ordinarily the settlement comes as a package and composite tax statement is either to be accepted or rejected - Settlement tax cannot be accepted only in part - HC

  2. Amendment in Chapter 2 of the Handbook of Procedure (2015-20) - Amendment in procedure for seeking modification in IEC is notified.

  3. The principles of fair adjudication required the adjudicating authority to provide the material sought to be relied upon by him to the assessee and to seek his comments...

  4. Validity of order of Settlement Commission - acceptance of additional income disclosed by the assessee - Petitioner/Income Tax authority could not make out any...

  5. Detention of goods - first respondent directed to complete the adjudication within one month from the date of receipt of a copy of this judgment - HC

  6. Packaging services - Assessee provide packaging service to fertilizer manufactured by other company - appellant being a manufacturer is doing the packaging activity, not...

  7. Validity of Settlement Commission orders - The case involved petitions seeking directives for the issuance of formal orders under section 245D (4) of the Income Tax Act,...

  8. Penalty u/s 27(1)(c) - invocation of provisions of Section 263 - while the Pr.CIT could well initiate penalty u/s 271(1) if he proposed to effect modifications to the...

  9. Addition of losses by using Client Code Modification - Appellant has not given satisfactory explanation with respect to the losses incurred by using Client Code...

  10. Modification of Stay order - Similar matter referred to larger bench in another case - appellant has not been able to make out a case for modification of our stay order - AT

 

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