Click Here For Best Books On Taxation & Law. Upto 60% Off On Select Titles. Free Shipping & Pay On Delivery!
 

Click Here To Subscribe To Our Free Newsletter

Home › All Judgements › CCE vs. Punjab Fibres (Supreme Court)

CCE vs. Punjab Fibres (Supreme Court)

Posted on by editor
COURT:
CORAM:
SECTION(S):
GENRE:
CATCH WORDS:
COUNSEL:
DATE: (Date of pronouncement)
DATE: February 19, 2008 (Date of publication)
AY:
FILE:
CITATION:

In the context of s. 35 of the Excise Act, held (1) Where the statute confers on the authority concerned a limited power of condonation of delay or does not provide any such power, the authority has no power to condone delay beyond the prescribed period;

(2) unless a new statute expressly or by necessary implication says so, it will not be presumed that it deprives a person of an accrued right. On the other hand, a law which is procedural in nature, and does not affect the rights, is retrospectively applicable;

(3) a new law of limitation providing for a shorter period cannot extinguish a vested right of action;

(4) An amendment to the period of limitation for commencing a legal proceeding will apply to existing rights subject to the exceptions that (i) if under the amending Act the remedy suddenly stands barred as a result of a shorter period of limitation, the same cannot be held to govern the case as otherwise the result will be to deprive the suitor of an accrued right and (ii) where the amendment leaves the claimant with such a short period for commencing the legal proceeding so as to make it unpractical for him to avail of the remedy.

Note: s. 35 is pari materia to ss. 256 & 260A of the I. T. Act.

Related Posts:

  • Punjab Cricket Association vs. ACIT (ITAT Chandigarh) The assessee is regularly following commercial activity by commercially exploiting its property and rights to hold matches and thereby earning huge income, hence the said activity can not be said to be incidental activity rather the commercial exploitation of the match is one of the main activity of the assessee,…
  • ITO (TDS) vs. The Distt. Manager, Punjab State Warehousing Corporation (ITAT Chandigarh) Though, before the milling of the paddy, the Government / procurement agencies remain the owner of the paddy, however, the moment the paddy is milled, the Government / procurement agencies lose their ownership and control over the paddy and the by-product but have right only on the ‘milled rice’ for…
  • In Re: Guidelines For Court Functioning Through Video Conferencing During Covid-19 Pandemic… Every individual and institution is expected to cooperate in the implementation of measures designed to reduce the transmission of the virus. The scaling down conventional operations within the precincts of courts is a measure in that direction. Access to justice is fundamental to preserve the rule of law in the…
  • Raj Pal Singh vs. CIT (Supreme Court) For chargeability of income-tax, the income ought to have either arrived or accrued. In the matter of acquisition of land under the Act of 1894, taking over of possession before arrival of relevant stage for such taking over may give rise to a potential right in the owner of the…
  • UOI vs. P. D. Sunny (Supreme Court) There shall be ex-parte ad-interim stay of the impugned judgment and order(s) passed in the aforesaid writ petitions and of further proceedings before the High Court(s), in view of the stand taken by the Government of India through learned Solicitor General, before us, that the Government is fully conscious of…
  • Ramnath & Co vs. CIT (Supreme Court) The principles laid down by the Constitution Bench in Dilip Kumar (2018) 9 SCC 1, when applied to incentive provisions like those for deduction, would also be that the burden lies on the assessee to prove its applicability to his case; and if there be any ambiguity in the deduction…

Related Judgements

  1. M/s Ahmed Anis vs. CIT (Supreme Court) 

    Where the assessee had led satisfactory evidence that its business was that of a commission agent and not a trader and 10-11 years had passed, the assessee could not be held responsible for non-appearance of five traders to whom summons … M/s Ahmed Anis vs. CIT (Supreme…
  2. K.C.C. Software Ltd vs. DIT (Inv.) (Supreme Court) 

    Cash in bank is conceptually different from cash in hand. It is not permissible for the Revenue to withdraw money from the attached bank accounts. However, as the order u/s 132B was not challenged, no relief given. Directions given for … K.C.C. Software Ltd vs. DIT (Inv.)…
  3. DCIT vs. Gujarat Alkalies (Supreme Court) 

    Commitment charges paid in respect of borrowed moneys are allowable as a deduction u/s 37(1) of the Act.
  4. JCIT vs. United Phosphorus (Supreme Court) 

    The question as to whether the assessee had an option in law to claim partial depreciation in respect of any block of assets is remanded to the High Court to consider in the light of Mahendra Mills 243 ITR 56 … JCIT vs. United Phosphorus (Supreme Court) Read…
  5. DCIT vs. Core Health Care (Supreme Court) 

    (i) Interest paid in respect of borrowings on capital assets not put to use in the concerned financial year are deductible under Section 36(1)(iii) of the Act; (ii) Interest on all moneys borrowed for the purposes of business are deductible … DCIT vs. Core Health Care (Supreme Court)…
0 comments on “CCE vs. Punjab Fibres (Supreme Court)”
2 Pings/Trackbacks for "CCE vs. Punjab Fibres (Supreme Court)"
  1. archives » Blog Archive » Ornate Traders vs. ITO (Bombay High Court) says:
    September 1, 2008 at 9:45 am

    […] Also: A collosal waste of tax resources! and CCE vs. Punjab Fibres (SC). Posted in All Judgements, High Court […]

  2. archives » Blog Archive » CCE vs. Shruti Colorants (Bombay High Court) says:
    September 8, 2008 at 11:56 am

    […] Also: CCE Punjab Fibres 223 ELT 337 (SC) & CCE vs. Asia Pacific […]