This Digest of case laws is prepared by KSA Legal and AIFTP from judgements reported in BCAJ, CTR, DTR, ITD, ITR, ITR (Trib), Chamber's Journal, SOT, Taxman, TTJ, BCAJ, ACAJ, www.itatonline.org and other journals
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Kerala Stamp Act, 1959
S.31:Power of Attorney executed out of India – Adjudication of stamp duty- The original of power of attorney was executed at Dubai in the presence of the Vice Counsel in the Indian Consulate at Dubai and is attested by him on Indian non-judicial stamp paper of the value of Rs.150/ is held to be valid . [ S.18 , Indian Stamp Act ,1959 S.31 ]
Anitha Rajan v. The Revenue Divisional Officer Thrissur District & Ors AIR 2010 Kerala 153
Central Excise Act, 1944.
Precedent – Judicial discipline – Conflicting decisions by CESTAT Benches – Appropriate Course for the second Bench is to refer the matter to the Larger Bench- Court directed the President to constitute a larger bench of three Members to decide the issue.
CCE, Mumbai v. Mahindra and Mahindra Ltd. 2015 (315) ELT 161 (SC)
Tripura Value Added Tax Act 2004,
S.71:Appellate Tribunal – Registrar cannot refuse to accept the appeal though not maintainable – Order of Non-Maintainability to be passed by the Tribunal itself and not the registrar even if the petition was prima facie not maintainable.
New Medical (Agartala) Pvt. Ltd. v. Superintendent of Taxes, Charge-VI, Agartala & Ors. (2015) 82 VST 238 (Tripura) (HC).
Evidence Act ,1872
S.3 : Natural Justice – Right of cross examination – Is integral part of Natural justice though not provided under the statute – Affidavit of own is not evidence with in meaning of S. 3 of the Evidence Act , 1872 .
Ayaaubkhan Noorkhan Pathan v. State of Maharashtra & Ors AIR 2013 SC 58/ (2013) 4 SCC 465
Finance Act ,1994
S.73: Appelate Tribunal – Adjournment – Medical certificate not necessary while seeking adjournment on medical ground-Order of Appellate Tribunal is set aside .
Megh Raj Bansal v. CE&SAT (2012) 13 GSTR 75 (P&H)(HC)
Code of Civil Procedure , 1908
S.96: Concession made by counsel on facts – Binds his client – No appeal lies from a decree passed by the court with the consent of the parties. [Constitution of India , 1949, Art .136 ]
Vimaleshwar Nagappa Shet v. Noor Ahmed Sheriff & Ors. AIR 2011 SC 2057
Tripura Value Added Tax Act 2004,
S.71:Appellate Tribunal – Registrar cannot refuse to accept the appeal though not maintainable – Order of Non-Maintainability to be passed by the Tribunal itself and not the registrar even if the petition was prima facie not maintainable.
New Medical (Agartala) Pvt. Ltd. v. Superintendent of Taxes, Charge-VI, Agartala & Ors. (2015) 82 VST 238 (Tripura) (HC).
Appellate Tribunal – Early hearing – Application must be considered.
When an application is taken out seeking for an early hearing of the said appeal, the Tribunal ought to have fixed the date but should not have thrown the said application at the threshold that it will be taken up in due course.
Payadhi Foods P. Ltd. v. UOI 2015 (325) ELT 705 (Cal.)(HC)
Finance Act ,1994
S.73: Appelate Tribunal – Adjournment – Medical certificate not necessary while seeking adjournment on medical ground-Order of Appellate Tribunal is set aside .
Megh Raj Bansal v. CE&SAT (2012) 13 GSTR 75 (P&H)(HC)
Appellate Tribunal – Natural justice -Reasoned order- Judgement cited but no reference found in the order, nor any discussion with respect to rival submission found in the order- One of the salutary requirements of natural justice is spelling out reasons for the order made, in other words, a speaking out- Order of Tribunal set aside .
CC (Import) Mumbai v. Wartsila India Ltd 2010 (254) ELT 406 (Bom) (HC)