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Once reasonable cause is established, no penalty is imposable

December 17, 2014 2966 Views 0 comment Print

V.M. Engg. Works (the Assessee) made late payment of Service tax, consequent to which a Show Cause Notice was issued to the Assessee proposing to impose penalty for late payment of Service tax under Section 76 of the Finance Act, 1994 (the Finance Act).

Government/DGFT cannot amend Foreign Trade Policy or withdraw any export benefit with retrospective effect

December 17, 2014 1901 Views 0 comment Print

Hon’ble High Court decided the matter in favour of the Petitioners and held that neither the Central Government, nor the DGFT would have the power to amend the FTP or withdraw any export benefit with retrospective effect.

Assessee is entitled to refund of Anti-Dumping Duty paid provisionally

December 17, 2014 508 Views 0 comment Print

Circuit Systems India Pvt. Ltd. (the Appellant) imported Glass Epoxy Copper and filed 5 Bills of Entry for the period October 2003 to January 2004 (Impugned period). During the Impugned period, the Anti-Dumping Duty was payable by the Appellant provisionally in terms of the Notification No. 141/2003 dated September 19, 2003 (the Notification).

Service Tax Dept can also conduct Service Tax Audit along with CA or CMA – CBEC clarifies

December 12, 2014 1615 Views 0 comment Print

Background: The Hon’ble High Court of Delhi in the case of Travelite (India) Vs. Union of India & Ors. [W.P. (C) 3774/2013, C.M. No. 7065/2013] (the Travelite case) while holding Rule 5A(2) of the Service Tax Rules, 1994 (the Service Tax Rules) as ultra vires the provisions of the Finance Act, 1994 (the Finance Act), […]

Where Assessee has made pre-deposit as directed by Commissioner (A), Dept cannot make coercive recovery during pendency of Stay Application

December 11, 2014 721 Views 0 comment Print

In the instant case, Orissa Stevedores Ltd. (the Petitioner) filed a Writ Petition before the Hon’ble High Court of Orissa with a prayer to quash the notice dated August 20, 2014 issued by the Revenue for recovery of Rs. 11,44,54,732/-

Custom Duty exemption on goods for relief of flood affected people of J&K

December 11, 2014 732 Views 0 comment Print

the floods in the State of Jammu and Kashmir (the State) from whole of the duty as specified under the First Schedule and whole of the additional duty as specified under Section 3 of the Tariff Act.

Excise duty exemption on goods for relief of flood affected people of J&K

December 11, 2014 740 Views 0 comment Print

Grants exemption from Basic Excise Duty to goods donated or purchased out of cash donations for the relief and rehabilitation of people affected by the floods in the State of Jammu and Kashmir

Customs – Regarding adjudication of appraising related cases

December 11, 2014 931 Views 0 comment Print

New posts have been created in the rank of Commissioners of Customs in DRI and DGCEI for adjudication of cases as investigated by DRI and DGCEI.

SEZ units entitled for exemption from CVD on goods cleared in DTA notwithstanding bar U/s. 5A of Central Excise Act, 1944

December 11, 2014 873 Views 0 comment Print

Roxul Rockwool Insulation India Pvt. Ltd. (the Petitioner )was engaged in the manufacture of stone-wool insulation products (Impugned goods) and their manufacturing unit was located at Dahej Special Economic Zone (SEZ).

Principal Manufacturer entitled to avail Cenvat credit of duty paid by job worker on intermediate goods

December 11, 2014 1045 Views 0 comment Print

hermax Ltd. (the Appellant) had cleared certain inputs to its job workers as per the procedure laid down under Rule 4(5)(a) of the Cenvat Credit Rules, 2004 (the Credit Rules) for manufacture of intermediate goods.

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