Presently, assesses are claiming refund orders on the services provided by CHA which are gigantic problematic services in getting refund. The refunds claimed by the assessees as against their exports are their civil rights but are being declined by the departmental authorities on various arguments which are of no significance and value less. The various reasons on which the department is refusing these refund claims on the said service are highlighted as under:
(i) The extent of applicability of principles of natural justice depends upon the nature of inquiry, the consequences that may visit a person after such inquiry from out of the decision pursuant to such inquiry. The right to fair hearing is a guaranteed right. Every person before an Authority exercising the adjudicatory powers has a right to know the evidence to be used against him. Dhakeswari Cotton Mills Ltd. vs. CIT 26 ITR 775 (SC) followed; (ii) However, the principles of natural justice do not require supply of documents upon which no reliance has been placed by the Authority to set the law into motion. Supply of relied on documents based on which the law has been set into motion would meet the requirements of principles of natural justice; (iii) The concept of fairness is not a one way street. The principles of natural justice are not intended to operate as roadblocks to obstruct statutory inquiries. Duty of adequate disclosure is only an additional procedural safeguard in order to ensure the attainment of the fairness and it has its own limitations. The extent of its applicability depends upon the statutory framework;
After the introduction of VAT, a large number of refund applications are being filed, as compared to the BST period. The department is undergoing transition due to which business processes have undergone many changes. As a result, a number of circulars were issued from time to time to lay down the procedure for the granting of refund,
Excise duty is essentially a duty on manufacture and is listed in Entry No. 84 of List-1 (Union List). Thus, entry 84 of Union List, read with Article 246 authorizes the Central Government to levy Excise duty on tobacco and other goods manufactured
Seeking Data on Tax Audit from CBDT: We have sent a letter of request to the Central Board of Direct Taxes (CBDT) asking them to provide the number of tax audit reports filed with them during 2009-10, e.g. data on tax audit based on fields like name
Islamabad: Even as Pakistan is reeling under devastation caused by unprecedented floods that has cost the country’s economy a whopping $43 billion, a report by a newspaper Monday said on Prime Minister Yousuf Raza Gilani and 25 of his cabinet members
Though the damages included an element of interest, the same is not assessable because in a decree or arbitration award, the amount loses its original character and assumes the character of a judgment debt. In substance, interest partake the character of the compensation and is not assessable as interest. Islamic Investment 265 ITR 254 (Bom) followed.
After missing its date with the Goods and Services Tax and the Direct Taxes Code, the government is also likely to miss the deadline for another major reform initiative – implementation of International Financial Reporting Standards (IFRS) from the n
Reserve Bank of India has sent show cause notices to over 12 banks for alleged violation of foreign exchange rules in sale of derivative products, banking industry sources said. Sources said notices were sent to banks for alleged violation of derivat
The government’s plan to offer tax incentives based on investments made by companies is expected to attract big overseas investments in the next round of bidding for oil and gas blocks. The investment-linked tax concessions proposed in the Direct Tax
