judicial decisions

The AO cannot convert the part of liability transferred as loan by the proprietorship concern into consideration or part thereof

We have heard the rival submissions and perused the material available on record. In terms of provisions of section 47 (xiv) of the Act I any transfer of a capital asset will not be regarded as transfer liable to capital gains tax, if the conditions under Clauses (a),'(b) & (c) of the said Section are complied with. Sub-clause(a) specifies that all assets and liabilities have to be transferred by the sole proprietory concern to the company.
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Recovery of cenvat credit If the Process Does Not Amount to Manufacture

It may be noted that rod/bar and wire falls under different heading of CETA. It means that the legislature have treated these two products as two distinct and different products. When the legislative intent of the Parliament is clear about treating these two products differently, it cannot be said that they are same products. The above “Test of different heading” was applied by the Hon’ble Supreme Court in Lal Woolen and Silk Mills Ltd. V/s CCE, Chandigarh [1999 (1..
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