pronouncement

There was a settled position of law that revenue is bound by the its circulars or clarification issued under Section 37B of the Central Excise Act. The principle behind such legal proposition is very simple- is an assessee has acted based on a circular issued by revenue, the revenue must not be allowed in the court of law to plead that the circular is illegal and punish the assessee for following its own circular/instruction. By no stretch of imagination this proposition.. Full Article

“A company (hereinafter called C) did a Cenvat fraud. A transporter (called T) assisted the company by providing fake Goods Receipts, when actually the goods were never transported. Original authority confirm the demand and imposed a penalty of one crore on the company. Personal penalty of 50 lakhs was imposed on the Managing Director of the company. A penalty of 10 lakhs was imposed on the transporter. Full Article

AS per Rule 34 of the Income-tax (Appellate Tribunal) Rules, 1963,  (1) The order of the Bench shall be in writing and shall be signed and dated by the Members constituting it.  (2) The Members constituting the Bench or, in the event of their absence by retirement or otherwise, the Vice-President, Senior Vice-President or the [...] Full Article

Income-tax (Appellate Tribunal) Amendment Rules, 2009 – Amendment in rule 34 NOTIFICATION F.NO. 71-AD (AT) 2009, DATED 1-5-2009. In exercise of the powers conferred by sub-section (5) of section 255 of the Income-tax Act, 1961, the Appellate Tribunal hereby makes the following rules further to amend the Income-tax (Appellate Tribunal) Rules, 1963, namely: - 1. Short [...] Full Article