ADITYA BIRLA GLOBAL TRADING (INDIA) PRIVATE LIMITED,GUJARAT vs. DCIT-ACIT CENT-2 RKT, RAJKOT
In the result, appeal filed by the assessee, in ITA No
ITA 226/RJT/2024[2018-2019]Status: DisposedITAT Rajkot13 Feb 2025AY 2018-2019
Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinha
Section 143(3)Section 195Section 37(1)Section 40
…se in nature of charge or interest or penalty, it is necessary to evaluate whether the said levy is compensatory in character or not and for this, it relied on the decision of the Hon'ble Karnataka High Court in the case of Dr. S. Reddappa Vs. Union of India (232 ITR 62). Moreover, these are the charges paid by the assessee under the Customs Act, 1962 for late filing bill of entry, therefore, late fee, should not be treated as a penalty, hence, order passed by the Id. CIT (A) may be upheld. 14. We have heard the rival parties and have gone through the material placed on record. We find that Customs Act, 1962 has…