Customs duty is leviable @ 36.05% (Basic Customs duty @ 35% + Education Cess @3%) on the value of dutiable goods that is in excess of the Duty Free Allowance.
The. Hon’ble Delhi High Court vide its judgement in the case ‘Court On its Own Motion vs. UOI and Ors’ (W.P. (C) 2659/2012 & W.P. (C) 5443/2012 dated 14.03.2013) has issued seven mandamuses for necessary action by Income-tax Department, one of which is regarding the issue of ‘Unmatched Challans’ reflected in Form 26AS where the report by the deductor in the TDS statement are not found available in the OLTAS database resulting in TDS mismatch.
2. Upon receipt of further reports from field formations certain issues have been considered further:- (a) Audit had observed processing of time barred drawback claims under Section 74 of the Customs Act, 1962. It is directed to ensure due diligence is exercised in the application of provisions of Rule 5 of Re-Export of Imported goods (Drawback of Customs duties) Rules, 1995 in dealing with such cases.
Reference is invited to Board’s earlier Instruction No. 13/2008 dated 18-09-2008 on the subject of work allocation of CIT(DRs)/Sr. DRs. In supersession of earlier instructions on this subject, the Board has decided to lay down the following parameters for allocation of work between the CIT(DRs) and the Sr. DRs for representation before ITAT. 2. The allocation of work between the CIT(DRs) and Sr. DRs would be as under: [A] Cases to be argued by the CIT(DRs):
Any information related to corruption, malpractice or misconduct on the part of public servants, from whatever source, would be termed as complaint. Accordingly, the petitions/ complaints/ source reports sent by the Central Vigilance Commissions CBI/ Directorate of Vigilance, Govt. of NCT of Delhi and public complaints are to be examined with due care at the level of senior officers.
Ministry of Agriculture has raised the issue of temporary ban on Import of Rice and Peanuts from India due to detection of quarantine pest in an import consignment and highlighted that CFSs conducting phytosanitary measures have no designated area for fumigation and separate storage for keeping fumigated/ treated cargo which leads to cross contamination from untreated goods/commodities.
A video conference was held by the Member(A&J) with all CCsIT(CCA) and feedback was taken about current practices adopted in the field for attending to SLPs/appeals filed by the assessee. Based on the feedback gathered and with a view to providing effective and uniform approach for handling of SLPs/appeals filed by the assessee, following instructions are issued.
In respect of cases where returns have been processed by the CPC, Bengaluru and refunds have been fully or partly adjusted against the past arrears while passing or communicating the order under Section 143( I) of the Act, without following the procedure under Section 245 of the Act, be carried out by 31st August, 2013 positively.
In view of the direction of the Hon’ble Court in case of Court On Its Own Motion Vs, UOI and Others, I am directed to convey that in no case should interest u/s 244A of the Act be denied to the assessee where the assessee is not at fault.
Reference has been received regarding applicability of the Pneumatic Tyres and Tubes for Automotive Vehicles (Quality Control) Order 2009 in case of old and used pneumatic tyres and tubes for automotive vehicles, requirement of consent from the Ministry of Environment and Forest, and the date of applicability of the said Quality Order for imported goods.
