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No Custom duty leviable on quantity of Burning loss

January 7, 2015 1134 Views 0 comment Print

Maharashtra Seamless Ltd. (the Appellant) imported round Billets without payment of Customs duty for the manufacture of seamless tubes and pipes in the private bonded warehouse under the Customs license issued under Section 65 of the Customs Act, 1962 (the Customs Act)

No appeal would lie before Supreme Court on factual findings of Tribunal

January 7, 2015 1306 Views 0 comment Print

Koya & Company Construction Pvt. Ltd. (the Assessee) was engaged in the manufacture and selling of PSC pipes. The Assessee cleared the PSC pipes on payment of Excise duty to KCCL, an interconnected undertaking.

Rebate on Supply of aviation fuel to foreign going aircraft from fuelling Station registered as warehouse

January 7, 2015 4198 Views 0 comment Print

Indian Oil Corporation Ltd. (the Petitioner) had procured Aviation Turbine Fuel (ATF or the fuel) from the refinery of Bharat Petroleum Corporation Ltd (BPCL) on payment of Excise duty. The fuel was initially stored at the terminal and thereafter it was sold at NITC, IGI Airport, Delhi.

Time spent in pursuing remedy before wrong forum is excludible in determining period of limitation

January 7, 2015 1869 Views 0 comment Print

It was further held by the Hon’ble High Court that there is difference between ‘condonation of delay’ and ‘exclusion of period’. The condonation of delay is in the discretion of the Court or Forum, whereas exclusion of time under Section 14 of the Limitation Act is a mandate under law,without leaving any scope for subjectivity.

Contention that Assessee was service-recipient & not the provider cannot be termed as additional evidence

January 7, 2015 652 Views 0 comment Print

In the instant case, the Department demanded Service tax for the periods 2005-06 to 2007-08 on Rs. 14,40,000/- paid by Astron Polymers (P.) Ltd. (the Appellant) towards factory rent to one of its director. The Appellant denied liability to Service tax citing that levy was unconstitutional.

Service Tax on Hiring expatriate employees of Foreign Group Companies under a contract of employment

January 7, 2015 4178 Views 0 comment Print

Sciences Corporation India (P.) Ltd. (the Assessee) is a part of a Group of Companies situated in US, UK and Singapore among other countries The Assessee in the course of its business operations hired certain expatriate employees overseas.

Services received by SEZ prior to commencement of authorized operations eligible for exemption/ refund

January 7, 2015 1024 Views 0 comment Print

Zydus Technologies Ltd. (the Assessee) filed a refund claim of Rs. 1,75,53,497/- for the services received by Special Economic Zones/ Developers (SEZ) vide application dated May 31, 2010 in terms of the Notification No. 9/2009-ST dated March 3, 2009

Excise duty exemption cannot be denied merely because the certificates were in the name of intermediary

December 31, 2014 1666 Views 0 comment Print

Excise duty exemption cannot be denied merely because the certificates were in the name of intermediary through whom the material was supplied for approved projects

In condonation plea, Tribunal can only seek explanation of delay beyond due date of filing appeal

December 31, 2014 1379 Views 0 comment Print

In the instant case, proceeding was initiated against Universal Paper Mills Ltd. (the Appellant) in respect of the goods cleared during the period August 1997 to December 2000 and April 2001 to June 2001 which were confirmed vide the Order-in-Original dated May 31, 2007.

Parallel assessment for same transaction/ period / amount by different Jurisdictional Authority not permissible

December 31, 2014 2432 Views 0 comment Print

Vandana Travels & Tours (the Petitioner) is a Service provider as Rent-a-cab-operator. An Assessment Order dated March 16, 2010 for the period from September 2000 to September 2005, October 2005 to March 2006, April 2006 to March 2007 and May 2008 to July 2008 was passed

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