In this regard it has come to the notice of the Board that there is an uneven distribution of cases among the Sr./Jr. Standing Counsels as well as SPPs at some zones/places. It is noticed that a some places most of the cases have been allocated to particular Counsel, while the other Counsel are not assigned a single case or have been assigned very few cases by the concerned authorities
It has been brought to notice that Customs officers are insisting on registration documents from importers on products which do not fall under the purview of the Legal Metrology Act, 2009 and rules made thereunder. Insistence on such documents has been reported to cause undue delay in the clearance of such consignments.
It has come to the notice of the Board that in a number of cases where O.As/WPs/SLPS were filed before the Courts/CATs against the Departments, there have been inordinate delays in filing counter replies especially in those cases where the jurisdictional CCs/DGs have not been made respondents. This has led to adverse orders and indictments from the Courts/Tribunal and imposition of fines on the department.
Presently, importers were facing a problem regarding the clearance of products not specified under the Legal Metrology Act, 2009 as the Customs officers were insisting presentation of registration documents from importers on products which do not fall under the purview of the Legal Metrology Act, 2009 and rules made thereunder. In this regard, Central Government […]
It has been noticed in previous years that in several cases having large number of TDS claims in ITR and TDS entries in Form NO. 26AS, AOs face technical difficulty while passing the assessment order under section 143(3) on AST system towards the end of March.
CBEC instructs that file and notes on the file should not only be concise but should also contain the details of minutes recorded in a case. Fixing/ Re-fixing of personal hearing is a vital step towards the disposal of the case by the quasi judicial / appellate authority. There can be no casual approach towards it.
The Committee observes that shortage of staff is severely affecting the performance of the Customs Department. They note that CBEC had directed that the time On-site Post Clearance Audit (PCA) was made applicable to all categories of importers. Further, the percentage of B/Es selected for PCA at Customs House should be suitably enhanced to safeguard the interest of revenue.
It has been brought to the notice that courier agencies abroad are refusing to book bonafide gift consignments for export to India citing non-clearance and embargo imposed on such gift-parcels by Indian Customs.
Delhi High Court stay order in W.P. 2892/2016 filed by Mr. Kavin Gulati and W.P. 2891/2016 filed by M/s Delhi High Court Bar Association; Gujarat High Court Stay Order dated 20.03.2016 in SCA No. 4296/2016; Calcutta High Stay Order in W.P. No. 291/2016- Filing of Transfer Petition in Supreme Court and seeking vacation of stay against various High Court Orders staying the levy of Service Tax on legal services provided by Senior Advocates- reg.
The matter has been examined by the Board and it is observed that in reference to Serial No. 1 of the Notification No. 151/94-Cus dated 13.07.1994, exemption is not limited to the ‘Indian Airlines’ (now called as ‘National Aviation Company of India Limited’). It is available to any Indian airline, in other words, to all Indian airlines.
