By virtue of powers granted under Section 37(1) of Central Excise Act, 1944, Central Government can make rules to provide for credit of Service Tax leviable under Chapter V of the Finance Act, 1994 (32 of 1994) paid or payable on taxable services used in or in relation to the manufacture of excisable goods.

The assessee was required to pay 10% of value of the final exempted goods in terms of the provisions of rule 6(3)(b) of Cenvat Credit Rules. Explanation-1 attached to the said rule is to the effect that such amount shall be paid by the manufacturer by debiting the Cenvat credit or otherwise. As this amount payable at the time of clearances of the exempted final products is primarily intended to counter-effect the credit availed on the inputs used in the manufacture of such final exempted products;

New Delhi, the 18thOctober, 2012 Notification No. 38/2012-Central Excise             G.S.R. 773(E).- In exercise of the powers conferred by sub-section (1) of section 5A of the Central Excise Act, 1944 (1 of 1944), the Central Government, on being satisfied that it is necessary in the public interest so to do, hereby makes the following further [...]

The short question for consideration in this case is which is the place of removal in respect of exports? Is it the factory premises or is it the port of shipment? In the case under consideration, the appellant has availed service tax credit on GTA service, which was utilised for transportation of goods from the factory to the port of shipment.

Indirect tax collections have risen at 15.6 per cent to 2.17 lakh crore rupees in April-September, against the annual target of 27 per cent. This is mainly due to slowdown in economic activity. The excise duty collection during April-September period totalled 80,000 crore rupees, while customs duty mop up at 77,000 crore rupees, according to sources in the tax department.

It is quite clear that the claimant has to show that the burden of excise duty has not been passed on to any other person and not only to the buyers. In this case, the purchaser being the defence organisation of Government of India, the question of passing on the excise duty to any other person does not arise and ordnance depot not being a manufacturer of any goods,

Notification No. 37/2012-Central Excise Central Government, being satisfied that it is necessary in the public interest so to do, hereby makes the following further amendment in the notification of the Government of India, in the Ministry of Finance (Department of Revenue), No. 12/2012-Central Excise, dated the 17th March, 2012, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 163(E), dated the 17th March, 2012, namely:-

Notification No. 37/2012-Central Excise, New Delhi, the 11th October, 2012 G.S.R. 760(E).- In exercise of the powers conferred by sub-section (1) of section 5A of the Central Excise Act, 1944 (1 of 1944), the Central Government, being satisfied that it is necessary in the public interest so to do, hereby makes the following further amendment [...]

Notification No. 29/2012-Central Excise (N.T.) New Delhi, dated 10.10.2012 G.S.R.(E) In exercise of powers under section 12 of the Central Excise Act, 1944(1 of 1944), the Central Government hereby declares that the provisions of section 28AAA of the Customs Act, 1962 (5 of 1962) shall be applicable in regard to like matters in respect of [...]

The issue under consideration in this appeal is whether the goods manufactured by the appellant are liable to be taxed as ‘Parts of Television Receivers’ falling under Tariff Entry 8529 of the Central Excise Tariff contained in the First Schedule to the Central Excise Tariff Act, 1985 (in short ‘the Tariff’) or as ‘Television Receivers’ under Tariff Entry 8528 of the Tariff, for the year 1989-90.