Excise Duty Articles, News, Notification & Circular

  • Apr
  • 20
  • 2013

Tribunal can rectify an apparent error found in order by replacing it with another

Added In Excise Duty
In the entire scenario, we note that admittedly, a wrong order got issued (as the mistake happened in the hands of Steno) without noticing the facts of the present case, the replacement of said order cannot be considered to be a review of the same. The entire order, which got issued was a mistake inasmuch [...]

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  • Apr
  • 20
  • 2013

Regarding Additional Duties of Excise on Goods of Special Importance, Textiles & Textile Articles

Added In Excise Duty
Notification No. 15/2013-Central Excise,  dated the April 18, 2013 G.S.R. 252 (E).- In exercise of the powers conferred by sub-section (1) of section 5A of the Central Excise Act, 1944 (1 of 1944), read with sub-section (3) of section 3 of the Additional Duties of Excise (Goods of Special Importance) Act, 1957 (58 of 1957) [...]

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  • Apr
  • 20
  • 2013

Excise Exemption to goods cleared against a Post Export EPCG duty credit scrip issued by Regional Authority – Regarding

Added In Excise Duty
In exercise of the powers conferred by sub-section (1) of section 5A of the Central Excise Act, 1944 (1 of 1944), read with sub-section (3) of section 3 of the Additional Duties of Excise (Goods of Special Importance) Act, 1957 (58 of 1957) and sub-section (3) of section 3 of the Additional Duties of Excise [...]

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  • Apr
  • 20
  • 2013

Interest on delayed refund starts on expiry of 3 months from date of receipt of application for refund & not from date of order granting refund

Added In Excise Duty
Firstly, the petitioners had lodged their refund claims at the relevant time itself way back in the year 1991 when the question of classification was decided in their favour by the Commissioner. Secondly, the Department did not release the refund for a considerable period of time since such order of the Commissioner (Appeals) was challenged [...]

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  • Apr
  • 20
  • 2013

No stay based on balance sheets if assessee prima facie guilty of suppression of provision of services & receipts therefrom

Added In Excise Duty
The CESTAT has recorded finding that there is prima facie finding of suppression of production and clandestine removal. The balance sheets thus will not reflect the true and correct financial position of the company. The Tribunal was lenient enough in directing the appellant to deposit only Rs. 1 crore and waiving the remaining amount of [...]

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  • Apr
  • 17
  • 2013

Tribunal order giving effect to HC opinion cannot amount to review of its earlier order

Added In Excise Duty
When the order was passed by the Tribunal on 09.10.2000, the Revenue had only remedy of seeking reference in terms of the then Section 35-G of the Act from the Tribunal. If the Tribunal does not refer the questions of law for the opinion of this Court, the aggrieved party could invoke jurisdiction of this [...]

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  • Apr
  • 17
  • 2013

3 Year Jai Term to then Assistant Commissioner Of Central Excise & Customs, Dhanbad In Bribery Case

Added In Excise Duty
The Special Judge for CBI, cases, Dhanbad(Jharkhand) has convicted Shri Pravin Kumar Jain, the then Assistant Commissioner, Central Excise & Customs, Dhanbad and sentenced him to undergo three years Rigorous Imprisonment with fine of Rs. 10,000/- in each section of 7 & Sec.13(2) r/w 13(1) (d) of PC Act 1988 in a bribery case.

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  • Apr
  • 16
  • 2013

Manufacturing of goods under own brand name is not job-work

Added In Excise Duty
Appellants are the manufacturer of country liquor under the brand name “Pahili Dhar” which is a registered trade name of the appellant themselves. The appellants are having the agreement with M/s. Talreja Trade (HUF) for marketing this liquor. Therefore, it cannot be said that the appellant are the job-workers for Talreja Trade as they are [...]

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  • Apr
  • 15
  • 2013

Knowledge of assessee’s son is knowledge of assessee himself, No Condonation on the ground of Ignorance

Added In Excise Duty
It is clear, Section 85 provides that any person aggrieved by any decision or order passed by an adjudicating authority can prefer an appeal within three months. Thereafter, if the Commissioner is satisfied that the appellant was prevented by sufficient cause from preferring the appeal, the Commissioner can allow the appeal to be preferred within [...]

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  • Apr
  • 14
  • 2013

In case of short receipt of payment post intimation U/s. 73(3) department must send a letter asking for payment instead of SCN

Added In Excise Duty
In this case, the appellants had Calculated and paid the entire amount of credit with interest and on finding that there was a short-fall in payment, the proviso of Sec.73 (3) of the Finance Act, 1994 would come into play and, therefore, the concerned Central Excise Officer should have informed the assessee instead of issuing [...]

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