M/s Dupont had filed appeal before the Hon’ble High Court against rejection of a refund claim on an issue which had earlier been decided by the Hon’ble High Court against the revenue, though in a matter relating to a different assessee. Thus for deciding the refund, a binding precedent judgment existed.
Attention of field formations is drawn to the fact that diverse types of duty credit scrip are issued under relevant paragraphs of Foreign Trade Policy. These duty credit scrips have varying degrees of transferability/actual user conditions that, inter alia, determine which person may use the scrip and, at times, for what purpose.
INSTRUCTION NO 4/2014, Dated: April 7, 2014 CBDT has issued the Central Action Plan for the First Quarter of Financial Year 2014-15 wherein all assessing officers (‘AOs’) are required to verify and clean outstanding demand by 30th April, 2014 (reference: para 1.A – Correction of demand). The Instructions below provide the steps to be followed by AOs in this regard.
As per the referred instruction, the Board had taken a serious note of the possibility of misuse of the facility of manual filing and processing of import/export documents, which was being allowed by the field formations. Accordingly, it had been instructed that this should not be allowed except in exceptional and genuine cases where the electronic filing and processing of import/export documents is not feasible.
As per the referred instruction, the Board had taken a serious note of the possibility of misuse of the facility of manual filing and processing of import/export documents, which was being allowed by the field formations. Accordingly, it had been instructed that this should not be allowed except in exceptional and genuine cases where the electronic filing and processing of import/export documents is not feasible
I am directed to invite attention to the Interim Order No. IO/E/795-802/2013-EX(DB), dated 18-12-2013 of the Principal Bench of CESTAT, New Delhi. Vide para 9 of the said order dated 18-12-2013 the bench observed it is high time for revenue to rise to the occasion and reduce its litigation without burdening the Tribunal to list the matters frequently in cause list to know status of compliance to stay orders.
However, the whole process of DPC is getting delayed due to deficiency of ACR folders of officers. In this regard, attention is drawn to DOP&T’s OM No,,21011/02/2009-Estt. dated 16.02.2099 which emphasizes on timely completion and maintenance of ACRs within the prescribed time period. The OM also elaborates procedure for appending the No Report Certificate in cases where the ACR is not available
I am directed to say that a Review DPC for promotion from the grade of Assistant Commissioner to the grade of Deputy Commissioner of Customs and Central Excise is being held for the deferred cases of the DPC held on 18.04.2013, 06.06.2013 and 10.06.2013. However, on scrutiny of the ACR dossiers, deficiency in the dossiers of officers as per list enclosed has been observed.
The Board is in the process of finalizing a proposal for holding DPC for ad-hoc promotion to the grade of Commissioner for the vacancy year 2013-14 and Joint Commissioner for the vacancy year 2014-15.
A clarificatory Circular No. 01/2013 dated 17.01.2013 was issued by CBDT to address various contentious issues leading to tax disputes in cases of entities engaged in export of computer software which are availing tax-benefits under sections 10A, 10AA and 10B of the Income-tax Act, 1961.
