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Archive: 19 November 2009

Posts in 19 November 2009

Free YouTube Live on The global landscape –  from market’s to trade

May 24, 2024 1173 Views 0 comment Print

Join us for an insightful and dynamic YouTube Live session on “The global landscape –  from market’s to trade.” with renowned financial analyst Ankit Baid, MBA Finance. The presentation explores shifting of the global economic landscape, focusing on the decline of US dominance and the rise of China. It examines the potential decrease in global […]

Live Course on Appeal, Pleading & Drafting under GST by CA Sachin Jain

May 15, 2024 7698 Views 0 comment Print

oin us for an immersive live course led by renowned expert CA Sachin Jain, as we delve into the intricacies of appeal, pleading, and drafting under GST.

Branded Goods & SSI Exemption

November 19, 2009 11985 Views 0 comment Print

Under Central Excise law a Small Scale Industries (SSI) have been given some benefits in duty payments. However these benefits are not available when the SSI unit is manufacturing goods bearing Brand name or Trade name of another person. It has always been a question of great disputes as to what is the meaning of the Brand name or trade name, or when do we call goods as Branded goods and SSI benefit is not available. In absence of clear statutory guidelines, case law was developed by various pronouncements of the Tribunal.

Service tax on foreign commission agent

November 19, 2009 4921 Views 0 comment Print

The foreign agents provide service to the exporters. However the services are provided outside India. They meet the prospective buyer outside India, they promote the products of the exporter outside India. For Service Tax to be leviable and payable, the services must be provided “in India”, except in the state of Jammu & Kashmir.

Right to information Act, 2005 and its applicability in Excise & Customs

November 19, 2009 789 Views 0 comment Print

The right to Information Act, 2005 declares that the purpose of the Act is to “ promote openness, transparency and accountability in administration and in relation to matters connected therewith”. Thus the Act is fundamental in making the administration transparent and accountable. However, the result can be achieved only if public is aware of their rights and willing to exercise those rights.

Right to consult an advocate during interrogation

November 19, 2009 5300 Views 0 comment Print

Section 14 of the Central Excise Act and Section 108 of the Customs Act empower officers to summon person, ask questions from persons summoned and record their statement. These statements are legally admissible as evidence in various judicial and quasi-judicial proceeding. Further the persons summoned are legally required to state the truth. These Sections imposes legal duties on the persons summoned, and have wide ranging legal implications, the authors are of the view that the persons summoned under these sections must have a right to consult a legal practitioners of choice at the time of recording of these statements. However the settled position of law is against the view of the authors.

Right of an assessee when summoned

November 19, 2009 11583 Views 0 comment Print

The Supreme Court held in Poolpandi that a person being interrogated under Section 14 of the Central Excise Act or under Section 108 of the Customs Act is not an accused nor can he plead that there is a possibility of being made an accused in future. Hence, he has no right to ask for his advocate presence during enquiry. The whole logic of this judgment fails when the first question is asked from a person summoned, an answer of which is likely to implicate the person summoned in any offence.

Refund of Duty Deposited During Investigation

November 19, 2009 6303 Views 0 comment Print

The Central Excise law prescribes a time and procedure to pay the duty. When some amount is paid not as per that procedure or at time different from the time of payment of duty, such payment cannot be treated as duty paid under Central Excise. The issue was decided by the Gujrat High Court in Parle International Ltd. V/s VOI [2001 (127) ELT 329 (Guj.)], wherein the Hon’ble Court held that,

Recovery of Cenvat Credit If the process does not amount to manufacture

November 19, 2009 2747 Views 0 comment Print

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 (108) ELT 7(S.C.)], wherein the Hon’ble SC held,

Rajesh Kumar Sharma V. UOI [2007 (209) ELT 3 (SC)] (Miscarriage of justice)

November 19, 2009 312 Views 0 comment Print

The petitioner was being prosecuted for an offence under Customs Act for the last 12 years. The value of the offending goods was Rs. Eight lakhs (approx). 20% of the value of goods comes out to be approx 1.6 lakhs. The compounding authority comes to the conclusion that out of 1.6 lakhs and 10 lakhs, 10 lakhs is higher and hence imposed a compounding amount of Rs. 10 lakhs.

Radhakrishna Synthetics [2007 (214) ELT 213 (Tri.)] (Judicial “License, Quota, Permit Raj")

November 19, 2009 480 Views 0 comment Print

There was a demand against the company. The duty demand was confirmed against which the assessee filed appeal before the Commissioner (Appeal). In the meantime, the assessee deposited the amount vide debit entry in RG23A part-II. When the appeal was decided in the favour of the assessee, the assessee informed to the department and took credit of the amount it deposited earlier. Demand was raised, and the tribunal held that such re-credit of amount is recoverable and imposed penalty on the assessee.

Taxguru.in Mourns The Sad And Sudden Demise Of ICAI Past President, CA Rahul Roy

November 19, 2009 2518 Views 0 comment Print

CA. Roy was born on 4th October, 1963 and became the youngest President of the ICAI in the year 1998-99 at the age of 34. He was elected to the Central Council for the first time for the term 1995-98 and was elected as the Vice President in the first term itself. He served the Council for two terms from 1995 to 2001. Prior to that, he was elected to the Eastern India Regional Council for the term 1992-95. During his tenure in the EIRC which he served for one term, he served as its Secretary, Vice Chairman and Chairman.

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