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Tribunal has no inherent power to put a condition for depositing an amount for adjudicating the case afresh

December 4, 2014 729 Views 0 comment Print

In the instant case, a Show Cause Notice was issued by the Ld. Commissioner to Maa Mahamaya Industries Ltd. (the Appellant) and the same was adjudicated against the Appellant. Being aggrieved, the Appellant preferred an appeal before the Hon’ble CESTAT.

Nobody in factory' cannot tantamount to refusal of Appellant

December 4, 2014 1526 Views 0 comment Print

The Hon’ble High Court of Allahabad held that an endorsement by the postal authority that ‘there is nobody in the factory’ cannot tantamount to refusal of the Appellant nor it can be read as factory is closed.

SCN after retrospective amendment is not sustainable

December 4, 2014 1355 Views 0 comment Print

In the instant case, demand of Service tax is raised against PSL Ltd. (the Appellant) as recipient of Goods Transport Agency (GTA) services for the period from November 16, 1997 to June 2, 1998, by issuing a Show Cause Notice dated July 31, 2007 i.e. after retrospective amendment

Input Service credit on Inputs lost during manufacturing

December 4, 2014 814 Views 0 comment Print

Inputs lost during manufacturing does not amount to receipt of Inputs in short quantity and accordingly whatever tax has been paid by Assessee on Inward Transportation service is entitled for Input Service credit

Tribunal cannot dismiss an appeal for want of prosecution – SC

November 29, 2014 1775 Views 0 comment Print

Balaji Steel Re-Rolling Mills (the Appellant) is a partnership firm engaged in the manufacture and sale of Hot Re-rolled products. The Commissioner of Central Excise and Customs, Aurangabad, (the Commissioner) vide order dated July 20, 1999

Ignoring judicial discipline is gross incompetence & irresponsible conduct

November 29, 2014 1814 Views 0 comment Print

RGL Converters (the Appellant) is amanufacturer of Printed Cork Tipping Paper (PCT). The relevant process involves procurement of Cork Tipping Base Paper (CKT) including Other Uncoated Paper and Paper Board in rolls or sheets, including jumbo rolls of specified width and length.

Remission of duty on goods cleared for export under bond but destroyed at port before export

November 29, 2014 1640 Views 0 comment Print

Honest Bio-Vet Pvt. Ltd. (the Appellant) cleared certain goods for export under ARE-1 under bond without payment of duty. The Appellant had taken the goods directly to the port of export i.e. JNCH, presented the Shipping Bill and ‘Let Export’ Order was allowed.

Inclusion of Royalty paid for technical know-how in assessable value of imported goods

November 29, 2014 2925 Views 0 comment Print

Atlas Copco India Ltd. (the Appellant) imported parts and components (imported goods) from their related foreign entity Atlas Copco Air Power, Belgium and other related parties for the manufacture of the various compressed air and gas equipments

Inclusion of Service Charges in assessable value of material imported

November 29, 2014 921 Views 0 comment Print

Alcan India Pvt Ltd. (the Appellant) entered into Agreements with Alcan Packaging Singen GMBH, Germany for availing certain Management Consultancy services and paid BU charges. Similarly, the Appellant also entered into an Agreement with Pechiney Plastic Packaging

Dept. cannot adjust unconfirmed demand against refund payable to assessee

November 27, 2014 5851 Views 0 comment Print

Bharat Sanchar Nigam Ltd. (the Appellant) filed refund claim of Rs. 11,79,720/- for the excess amount paid. The Appellant was issued a Show Cause Notice dated January 17, 2007 (SCN) to show cause as to why their refund claim of Rs. 11,79,720/- should not be rejected.

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