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Archive: 15 January 2016

Posts in 15 January 2016

No Service tax leviable on ‘car lease scheme’ of providing vehicles by employers to employees

January 15, 2016 6458 Views 0 comment Print

The Hon’ble Authority for Advance Rulings held that in the instant case, the Applicant charge the amount to its employees for use of the vehicles, which is equivalent to the rent amount paid to the car leasing company i.e. no extra amount is charged from employee.

No denial of refund claim on period of limitation if wrongly filed in incorrect jurisdiction on bona fide ground

January 15, 2016 942 Views 0 comment Print

The Hon’ble CESTAT, New Delhi relying upon the judgment of Hon’ble Supreme Court in the case of Mafatlal Industries Ltd. Vs. Union of India [1997 (89) ELT 247 (SC)],held that rejecting the claim arbitrarily on the point of jurisdiction, is not correct

No question of passing burden of duty arise when it was paid under protest during pendency of adjudication proceedings

January 15, 2016 685 Views 0 comment Print

Hon’ble Supreme Court observed that there are two things which become apparent from the reading of the Order of the High Court that are: The duty for which the claim of refund is made, was paid under protest by the Respondent during the pendency of the adjudication proceedings; Further, the intermediary product was not marketable.

Assessee can utilize Cenvat credit while making payment of duty foregone at the time of de-bonding of 100% EOU Unit

January 15, 2016 523 Views 0 comment Print

The Hon’ble High Court, Gujarat relying upon the Order addressed by the Department to Alps Chemicals Pvt. Ltd. on the same facts and judgment in the case of Ralli Engine Ltd. Vs. Union Of India [2004 (4) TMI 590 – Gujarat High Court], held that the Appellant is permitted to pay the Excise duty foregone from the legally availed Cenvat credit account.

Assessee cannot insist upon cross-examination of informers whose statement may not be relied upon

January 15, 2016 395 Views 0 comment Print

Assessee cannot insist upon cross-examination of all the informers, especially the ones whose statement may not be relied upon by the Department for maintaining the demand- Kurele Pan Products Pvt. Ltd. Vs. Union Of India Thru. Sec. And 2 Others [2015 (12) TMI 1206 – ALLAHABAD HIGH COURT]

Applicability of MRP based valuation to institutional buyers for goods specified U/s. 4A of Excise Act

January 15, 2016 3027 Views 0 comment Print

MRP based valuation applicable to institutional buyers for goods which are specified under Section 4A of the Excise Act, covered by SWM Act, 1976 & Rules thereof and further, MRP was affixed on the goods supplied which are not exempted under Rule 34 of the Rules thereof- Commr. of Central Excise, Panchkula Vs. Liberty Shoes Ltd. [2015 (12) TMI 1159 – SUPREME COURT]

Revenue neutrality allowed when bought out items cleared without payment of duty

January 15, 2016 1189 Views 0 comment Print

The Hon’ble CESTAT, New Delhi relying upon the judgment of Hon’ble Gujarat High Court in the case of CCE, Vadodara-II Vs. Indeos ABS Ltd. [2010 (254) ELT 628 (Guj.)], which was further upheld by Hon’ble Supreme Court in [2011 (3) TMI 1575 – SUPREME COURT]

FM to present Union Budget 2016-17 on Feb 29

January 15, 2016 2361 Views 1 comment Print

Minister of State for Finance Jayant Sinha on Thursday said the government will present the Budget for 2016-17 on February 29, which will set a roadmap for the coming three years. As per internal sources Budget session could begin from February 23. The date of the presentation of the Budget and the reconvening of the […]

Duty paid in earlier settled proceedings cannot be claimed as refund merely for different stand of SC in another assessees case

January 15, 2016 519 Views 1 comment Print

The Hon’ble Supreme Court held that no such writ petition to claim refund of duty, interest and penalty was maintainable when the proceedings in respect of the Respondent had attained finality and the amount was recovered.

Regarding Transaction value of identical goods taken as assessable value of imported goods

January 15, 2016 2068 Views 0 comment Print

Transaction value of identical goods can be taken as assessable value of imported goods in terms of Rule 4 of the Customs Valuation Rules only after making an adjustment of commercial and comparable effects- Richemont India Pvt. Ltd. Vs. CC, New Delhi [2015 (12) TMI 1043 (NEW DELHI – CESTAT)]

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