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Cus - When there is nothing on record to show that appellant had connived with other three persons to import AA batteries under the guise of declaring goods as Calcium Carbonate, penalty imposed on appellant are set aside: HCCongress fields Rahul Gandhi from Rae Bareli and Kishori Lal Sharma from AmethiCus - The penalty imposed on assessee was set aside by Tribunal against which revenue is in appeal is far below the threshold limit fixed under Notification issued by CBDT, thus on the ground of monetary policy, revenue cannot proceed with this appeal: HCGST -Since both the SCNs and orders pertain to same tax period raising identical demand by two different officers of same jurisdiction, proceedings on SCNs are clubbed and shall be re-adjudicated by one proper officer: HCFormer Jharkhand HC Chief Justice, Justice Sanjaya Kumar Mishra appointed as President of GST TribunalSale of building constructed on leasehold land - GST implicationI-T - If assessee is not charging VAT paid on purchase of goods & services to its P&L account i.e., not claiming it as expenditure, there is no requirement to treat refund of such VAT as income: ITATBengal Governor restricts entry of State FM and local police into Raj BhawanI-T - Interest received u/s 28 of Land Acquisition Act 1894 awarded by Court is capital receipt being integral part of enhanced compensation and is exempt u/s 10(37): ITATCops flatten camps of protesting students at Columbia UnivI-T - No additions are permitted on account of bogus purchases, if evidence submitted on purchase going into export and further details provided of sellers remaining uncontroverted: ITATTurkey stops all trades with Israel over GazaI-T- Provisions of Section 56(2)(vii)(a) cannot be invoked, where a necessary condition of the money received without consideration by assessee, has not been fulfilled: ITATGirl students advised by Pak college to keep away from political eventsI-T- As per settled position in law, cooperative housing society can claim deduction u/s 80P, if interest is earned on deposit of own funds in nationalised banks: ITATApple reports lower revenue despite good start of the yearI-T- Since difference in valuation is minor, considering specific exclusion provision benefit is granted to assessee : ITATHome-grown tech of thermal camera transferred to IndustryI-T - Presumption u/s 292C would apply only to person proceeded u/s 153A and not for assessee u/s 153C: ITATECI asks parties to cease registering voters for beneficiary-oriented schemes under guise of surveys
 
Cus - As applicant has challenged entire order of Tribunal before SC, irrespective of whether any apparent mistake is arising or otherwise, as matter is sub judice, rectification of order by Tribunal would not be proper: CESTAT

By TIOL News Service

MUMBAI, NOV 10, 2016: AGAINST the order passed by the Tribunal, the applicant has filed an application for Rectification of Mistake.

The applicant has sought rectification on the point that even though the Tribunal's view that royalty paid by the applicant to 'ConAgro Food, USA' is includible in the value of the imported goods, applicant is not liable to pay any duty as during the relevant period Sr. no. 21 of the Notification no. 21/2002-Cus provided for effective NIL rate of duty, therefore, demand of Rs.1,49,70,000/- could not have been confirmed by this Tribunal. The applicant also seeks waiver of penalty imposed u/s 114AA of the Customs Act, 1962.

The Bench observed that against the said Tribunal order the applicant had also filed appeal before Supreme Court.

Therefore, the CESTAT held -

"…On going through the appeal filed by the applicant before Hon'ble Supreme Court, we find that all the issues raised in the present application for rectification of mistake has also been taken up in the appeal before Hon'ble Supreme Court. Therefore, entire order passed by this Tribunal irrespective whether any apparent mistake is arising or otherwise, is sub judice before Hon'ble Supreme Court. In such a situation, following the judicial discipline, we are of the view that at this stage any order, even rectification of the order by this Tribunal would not be proper…"

The ROM application was dismissed.

In passing: The dew spreads softly…

(See 2016-TIOL-2921-CESTAT-MUM)


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