Case Law Details
Case Name : Uhde India Pvt. Ltd Vs Union of India (Bombay High Court)
Appeal Number : WP 380 of 2013
Date of Judgement/Order : 17/01/2013
Related Assessment Year :
Courts :
All High Courts Bombay High Court
The Bombay High Court today (17.01.2013) granted ad-interim stay against coercive recovery pursuant to Circular No. 967/01/2013 – CX, Dated 1st January, 2013 issued by the Central Board of Excise and Customs.
The orders were passed in the case of Uhde India Pvt. Ltd vs. Union of IOndia ( WP 380 of 2013) , Exide Industries Ltd vs. The Union of India (WP No. 381 of 2013) and connected matters. The Petitions are now listed for admission on 31.01.2013 to enable the Department to file a reply.
The Andhra Pradesh High Court has already granted on 09.01.2013 a stay in the matter in the case of Ultratech Cement Ltd vs. Union of India W.P. No. 736 of 2013.
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We really wish that the coercive circular under reference appllied to Refunds also instead of to Demands only. Will such a day come. Keep hoping.
Similar WPC may be helpful
The Incometax Deptt uses Coercive method even in non deserving cases as the tax liability is being raised on imaginaery basis without following tax laws. the feel themselves as Dictators as there is no punishment to A.O whose demenad is drastically droped on appeals.
The Income tax deptt does not issue refunds for years and the assessee has no power like coercive powers with I.Tax deptt.hould be put on equal footings and base to eliminate corruption