Board had clarified that the relaxations are applicable to the vessels which exclusively carry coastal goods and ply as coastal vessels. It will not be applicable for vessels which convert the status from foreign run to coastal run and rice versa. The loading and unloading operation by coastal vessels must take place at separate and exclusive berths in the ports where both coastal and foreign traffic is handled.
Central Board of Excise and Customs, hereby makes following further amendments in the notification of the Government of India in the Ministry of Finance (Department of Revenue) number 12/97-CUSTOMS (N.T.), dated the 2nd April, 1997, published in the Gazette of India, Extraordinary, Part II, Section 3,Sub-section (i) vide number G.S.R. 193(E), dated the 2nd April, 1997, namely:-
Central Board of Excise and Customs hereby appoints the Commissioner of Central Excise, Customs and Service Tax, C.R. Building, Mananchira, Calicut to act as a common adjudicating authority to exercise the powers and discharge the duties conferred or imposed on-
Central Government hereby directs that the provisions of sections 30 and 41 of the said Act shall apply to vessels carrying exclusively coastal goods operating from berths used by vessels carrying imported goods or export goods, as the case may be and the person-in-charge of such vessel or his agent shall deliver to the proper officer, a coastal manifest, prior to the arrival of the vessel or departure as the case may be, in the Form as given below.
Central Government, being satisfied that it is necessary in the public interest so to do, hereby exempts vessels carrying exclusively coastal goods from the provisions of section 92, section 93, section 94, section 95, section 97 and sub-section (1) of the section 98 of the said Act.
oard has decided that in cases where the proof of present address is not available with the individual, the proof of identity collected at the time of delivery along with the address recorded for the delivery purpose by the courier companies would suffice for KYC verification.
The procedure for refund of tax deducted at source under section 195 of the Income tax Act, 1961, to the person deducting the tax is delineated in CBDT Circular No. 7/2007 dated 23.10.2007. Circular No. 7/2007 states that no interest under section 244A of the Act, is admissible on refunds to be granted in accordance with the circular or on the refunds already granted in accordance with Circular No. 769 or Circular 790 dated 20.4.2000.
It is a settled position that period of limitation of penalty proceedings under section 271D and 271E of the Act is governed by the provisions of section 275(1)(c) of the Act. Therefore, the limitation period for the imposition of penalty under these provisions would be the expiry of the financial year in which the proceedings, in the course of which action for the imposition of penalty has been initiated, are completed, or six months from the end of the month in which action for imposition of penalty is initiated, whichever period expires later.
It has been brought to notice of CBDT that there are conflicting interpretations of various High Courts on the issue whether the limitation for imposition of penalty under sections 271D and 271E of the Income tax Act, 1961commences at the level of the Assessing Officer (below the rank of Joint Commissioner of Income Tax.) or at level of the Range authority i.e. the Joint Commissioner of Income Tax./Addl. Commissioner of Income Tax.
Board had specified the following categories of cases which can be transferred to the Call Book, namely, i. Cases in which the department has gone in appeal to the appropriate authority, ii. Cases where injunction has been issued by Supreme Court/ High Court/ CEGAT, etc. iii. Cases where audit objections are contested. (stands rescinded vide Circular No. 1023/11/2016-CX, dated 8.4.2016)
