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Audit initiated against service recipient cannot be a ground to reject VCES declaration of Assessee

January 21, 2015 1244 Views 0 comment Print

The Hon’ble High Court of Madras after observing that there was no audit initiated/ conducted against the Petitioner or in business premises of the Petitioner, held that: Audit of service recipient, SIPL is not relevant and the Petitioner was never put to notice before March 1, 2013;

No Service tax leviable on Chit Fund business even after June 1, 2007 -SC

January 21, 2015 2087 Views 0 comment Print

The sub-clause (v) of Section 65(12) of the Finance Act, 1994 (the Finance Act) providing the definition of ‘Banking and Other Financial services’ was amended vide the Finance Act, 2007 (effective from June 1, 2007) by deletion of the expression ‘but does not include cash management’.

Assessee eligible to avail remaining 50% of Cenvat credit on Capital Goods which were cleared during year of receipt

January 21, 2015 987 Views 0 comment Print

Nilkamal Ltd. (the Appellant) was engaged in the manufacture of excisable goods and for the manufacture of these goods, they had purchased some moulds as Capital Goods. Upon receipt of the said moulds in the factory, the Appellant availed 50% of the eligible Cenvat credit on the moulds as Capital Goods and the moulds were put to use for some time in the factory for further manufacturing of excisable goods.

Customs duty cannot be levied on exempt goods merely for non mention of such goods separately in the invoice

January 13, 2015 985 Views 0 comment Print

Epson India Pvt. Ltd.(the Assessee) imported Inkjet printer with printer software and ink cartridges (impugned goods) under a single Bill of Entry No. 618553 dated April 21, 2004 by classifying them under separate chapter headings and claimed concessional rate of duty

Import of mobile phones with Original Equipment Manufacturers’ IMEI number is not prohibited under Foreign Trade Policy

January 13, 2015 1803 Views 0 comment Print

Navshiv Retails Pvt. Ltd. (the Assessee) imported branded mobile phones (impugned goods) for which Customs clearance was sought. During examination, it was found by the Department that International Mobile Equipment Identification (IMEI) number of impugned goods

In remand matters, Dept not entitled to hold deposit made by Assessee during investigation as pre-deposit

January 13, 2015 2428 Views 0 comment Print

The Hon’ble CESTAT, Mumbai relied upon the judgment of the Hon’ble High Court in the case of Nelco Ltd. [(2002) 144 E.L.T. 56 (Bom.)] which was further affirmed by the Hon’ble Apex Court in [(2002) 144 E.L.T. A104 (S.C.)], holding that in case of remand matter, the Department was not entitled to hold on to the amount deposited by the Assessee during the course of investigation as pre-deposit.

Job worker eligible to avail Cenvat credit of differential duty paid under cover of supplementary invoice

January 13, 2015 1598 Views 0 comment Print

Jagatjit Industries Ltd. (the Appellant) was the job worker of Glaxo Smith Kline Consumer Health Care Ltd (Glaxo) and availed Cenvat credit of duty paid by Glaxo, the Principal manufacturer. The Appellant was clearing their final product manufactured on job work basis on payment of duty by utilizing Cenvat credit availed by them.

Assessee can choose most beneficial Exemption Notification where two or more Exemption Notifications are available

January 13, 2015 2968 Views 0 comment Print

Where two Exemption Notifications, one granting absolute unconditional exemption and other granting unconditional partial exemption, is available to the Assessee, the Assessee has an option to opt the Exemption Notification which is more beneficial to him.

‘Drawback’ akin to ‘Rebate’, therefore pre-deposit mandatory for filing Appeal only at first stage

January 13, 2015 1188 Views 0 comment Print

The Central Board of Excise and Customs (the Board) vide Circular No.993/17/2014-CX dated January 5, 2015 has issued a clarification on the matter of mandatory pre-deposit of duty and penalty for filing an appeal as was specified in Circular No. 984/08/2014-CX dated September 16, 2014.

No penalty imposable U/s. 77 / 78 of Finance Act,1994 when penalty U/s. 76 thereof was waived on the ground of reasonable cause

January 13, 2015 7949 Views 0 comment Print

In the instant case, Garodia Special Steels Ltd. (the Appellant) paid Service tax under the category of Goods Transport Agency on Reverse Charge basis. However, during the audit of their unit, the reconciliation of ledger accounts with the Service Tax Returns revealed

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