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Archive: November, 2014

Posts in November, 2014

Rule 37BA (credit for TDS) inserted w.e.f. 01.04.2009 is to be treated as being retrospective in nature

November 16, 2014 82222 Views 2 comments Print

The assessee is a Chartered Accountant carrying on his profession under the partnership firm M/s. Tiwari & Co. for and from the year 1983. The partnership firm M/s. Tiwari & Co. got dissolved w.e.f. 30.12.2006 and assessee became proprietor of this firm.

Cenvat credit taken on inputs cannot be denied merely because original manufacturer of inputs is not traceable

November 16, 2014 1192 Views 0 comment Print

In the instant case, Kirtida Silk Mills (the Appellant) availed Cenvat credit of duty paid on inputs, which was denied by the Department and the proceedings were initiated for recovery of Cenvat credit wrongly taken.

Cenvat credit allowable on Capital goods used initially in the manufacturing of exempted goods

November 16, 2014 2995 Views 0 comment Print

Cenvat credit allowable on Capital goods used initially in the manufacturing of exempted goods but, at time of receipt, the Assessee had intention to use said Capital goods for manufacturing of both dutiable as well as exempted goods

Utilization of credit for payment of duty which was not required to be paid is effectively reversal of credit

November 16, 2014 1927 Views 0 comment Print

No need to reverse Cenvat credit availed of duty paid on HR coils/sheets for discharging duty on HR slitted and pickled coils on dispute whether slitting and pickling is a manufacturing activity under Section 2(f) of the Central Excise Act, 1944

Penalty not warranted when importer was not having any knowledge of mis-declaration of goods

November 16, 2014 1240 Views 0 comment Print

Medi Pharma Drug House (the Assessee) obtained a licence to import into India the drug named‘ Cyanocobalamin (Vitamin B12) BP/USP/IP’ manufactured by North China Pharmaceutical Victor Co. Ltd. of China (North China Company).

Refund of excess duty paid cannot be denied merely on the ground of non-production of original invoices

November 16, 2014 952 Views 0 comment Print

Deepak International(the Appellant)imported lighting fixtures (impugned goods) for which the Customs Authorities enhanced the value of the impugned goods. The Appellant cleared the impugned goods on payment of higher duty amount of Rs. 3,12,418/-.

Transaction value cannot be rejected on mere doubt, without any reasonable & justifiable evidence

November 16, 2014 1291 Views 0 comment Print

Kelvin Infotech Pvt. Ltd.(the Assessee) entered into a contract with Argain Company Ltd., Taiwan for purchasing stock lot of LCD TVsof 3600 PCs of Samsung, Sony and Sanyo brand of various assorted models/sizes (impugned goods) on ‘as is, where it is basis’ and at 15% discount

Harmonization of Rules, formats & fees in all SEZs

November 16, 2014 1125 Views 0 comment Print

The Ministry of Commerce and Industry, Department of Commerce vide SEZ Division Letter in D.12/25/2012-SEZ, dated October 28, 2014, has harmonized the Rules, formats and fees in all the SEZs formats by standardizing the following procedures for adaption in all Zones:

Digitalization of applications/permissions by SEZ Units/ Developers

November 16, 2014 1257 Views 0 comment Print

As part of ‘Ease of Doing Business’ initiative of Department of Commerce (DOC), following transactions were identified by DOC as important applications made by SEZ units and Developers to Development Commissioner’s office and DOC for various Approvals/intimations/reporting. DOC had requested NDML to develop and deploy online submission process for the same.

Cenvat credit allowable on Capital Goods acquired on lease basis from a Company which is not a financing Company

November 16, 2014 2167 Views 0 comment Print

In the instant case, the First Appellate Authority denied the Cenvat credit on Capital Goods on only ground that Wimplast Limited (the Appellant) had purchased the Capital Goods on hire purchase or loan agreement form a Company which was not a financial Company as prescribed under Rule 4(3) of the Cenvat Credit Rules, 2004 (the Credit Rules), which reads as unde

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