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Education cess on clearing of goods fully exempt from Customs duty

December 27, 2014 1333 Views 0 comment Print

DCW Limited(“the Assessee”)was covered by Notification No. 96/2004-Customs dated September 17,2004passed in exercise of powers under Section 25(1) of the Customs Act, 1962 granting exemption of Basic Customs Duty subject to debit of the DEPB Licence.

Dyes and chemicals used in execution of works contract of dyeing exigible to Sale tax

December 27, 2014 1704 Views 0 comment Print

In the instant case, A. Vairavel (the Assessee) used dyes and chemicals in execution of works contract of dyeing. The Department argued thatthe said transaction involvestransfer of property involved in the use of dyes and chemicals used in works contract of dyeing and hence assessable

Classification of goods precedes over the determination of rate of duty or any exemption applicable to the goods

December 27, 2014 1183 Views 0 comment Print

The Revenue alleged that the exemption availed was wrong as the impugned goods were not classifiable under Chapter heading specified in the Exemption Notification. Therefore, proceedings were initiated against the Appellant demanding differential Customs duty of Rs. 1,48,92,523/-.

Corrigendum amending conditions for claiming exemption would apply from date of original Exemption Notification

December 27, 2014 1229 Views 0 comment Print

Corrigendum is issued for the correction of error or omissions in the original document, which relates back to the date of initial authoring for the reason that correction means whatever written was not correct or there was some mistake which need be corrected.

If goods not intended for retail sale than provision of valuation U/s, 4A not applicable

December 27, 2014 1499 Views 0 comment Print

The Hon’ble CESTAT, Mumbai after considering the provisions of the Standards of Weights and Measures Act, 1976 and Packaged Commodity Rules, 1977 and relying upon the decision in the case of Geoffery Manners & Co. Ltd. Vs. CCE [2006 (204) ELT 403] held that since the toothpaste were supplied as ‘free sample’ and were not meant for retail sale, the provisions of Standards of Weights and Measures Act, 1976 and Packaged Commodity Rules, 1977 would not apply at all and, therefore, the provisions of Section 4A of the Excise Act would also not apply.

Board’s Circulars have prospective effect only and not retrospective effect

December 25, 2014 6610 Views 0 comment Print

Uttam Galva Steels Pvt. Ltd. (the Appellant) was engaged in the manufacturing activity and the final products which were cleared on payment of duty included the products namely ‘H.R. Pickled Oils’ (Pickled Oils) and ‘HR Pickled and oiled coils’ (Pickled Coils).

Malafide cannot be attributed to the Assessee on detection of short payment by the Department prior to filing of ST-3

December 25, 2014 1580 Views 0 comment Print

CESTAT, Delhi held that detection of short payment by the officers prior to filing of ST-3 is a premature detection. The Appellant has given a plausible explanation of short payment by submitting that inasmuch as entries were not made in the computers and the data was yet to be entered, there was no mala fide on their part not to pay Service tax

Third Report of tax administration reform commission (TARC)

December 25, 2014 2540 Views 0 comment Print

The Government had constituted Tax Administration Reform Commission (the TARC) headed by Dr. Parthasarathi Shome, on August, 2013, to suggest core reforms to the tax administration set-up in the Country. The TARC has now submitted its Third Report dated December 2, 2014 called the “Third Report of the Tax Administration Reform Commission”. The said Report […]

If there was no malafide for the purpose of penalty, there cannot be any malafide for the purpose of limitation also

December 25, 2014 1719 Views 0 comment Print

In the instant case, Internet Computer Centre (the Appellant) availed the benefit of Small Scale Exemption under erstwhile Notification No. 6/2005-ST dated March 1, 2005 (SSI Notification) which was denied by the Lower Authorities on the ground that the services rendered

Inclusion of Cost of insurance in Assessable Value for Excise Duty

December 18, 2014 2075 Views 0 comment Print

Kapoor Glass (I) Pvt. Ltd. (the Assessee) cleared the goods from the factory to their customers and recovered cost of insurance from them. In the lorry receipts, the freight was on to pay basis and the buyer of the goods were shown as the consignee.

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