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Interest allowable on refund of pre-deposit

October 11, 2014 24711 Views 0 comment Print

We are sharing with you an important judgment of Hon’ble Delhi High Court in the case of Afcons Infrastructure Ltd. Vs. Union of India [(2014) 49 taxmann.com 79 (Delhi)] on the following issue: Issue: Whether communication of appellate order to the Commissioner would amount to communication to the Adjudicating Authority while determining interest to be […]

A consignment agent who is free to sell goods to customers cannot be made taxable under Clearing and Forwarding services

October 10, 2014 9961 Views 0 comment Print

B K Sales Corporation (Appellant) was appointed as consignment agent by way of an Agreement by Narmada Chematur Petrochemicals Ltd. (principal). In terms of the Agreement, the principal was required to supply their product duly packed in drums on regular basis to the Appellant

Action-Plan Of CBEC To Evolve Non – Adversarial Indirect Tax Administration

October 10, 2014 787 Views 0 comment Print

The CBEC has issued an instructions vide letter F. No. 296/185/2014-CX.9 dated September 30, 2014 to all CCs and DGs on its action plan to evolve Non-adversarial indirect tax administration for the benefit of trade, industry and other stakeholders, whereby certain initiatives are being undertaken as follows: Punctuality: Officers are advised to maintain the appointed […]

No Penalty in absence of mens rea

October 7, 2014 4019 Views 0 comment Print

The Hon’ble Tribunal in absence of any discussion with regard to mala fide intention and mens rea set aside the OIO to the extent it related to imposition of penalty under Section 78 of the Finance Act.

Demand of duty on clandestine removal of excisable goods cannot be confirmed solely on the basis of presumptions and assumptions

September 30, 2014 1799 Views 0 comment Print

The Department received an anonymous complainant indicating therein that during the period February 9, 1993 to September 27, 1995 about 3839.350 MT ordinary Portland cement was illegally sold which involved Excise Duty amounting to Rs.7,20,154/-, by using parallel documents like GP1s, invoices, challans , Bills, cash memo and GRs, etc.

No redemption fine can be imposed on goods which were exported without furnishing bond

September 30, 2014 2173 Views 0 comment Print

In the instant case, General Export Enterprises (Appellant) had exported consignment of manmade fabrics. During the course of the investigation, the gram per square meter (GSM) values declared by the Appellant were found to be mis­declared but the goods were allowed to be exported

Dept cannot initiate proceedings when assessee had time to fulfill statutory obligations

September 30, 2014 985 Views 0 comment Print

The Hon’ble Madras High Court observed that the Petitioner was granted a time period of 8 years to fulfil the export obligations. However, the Department had initiated the proceedings before the expiry of stipulated period of 8 years. Therefore, the Hon’ble High Court held that initiation of proceedings in such a case was completely arbitrary and faulty.

Cenvat Credit on plastic crates used for safe transportation of finished goods is allowable

September 30, 2014 3693 Views 0 comment Print

The Cenvat Credit on plastic crates were used for safe transportation of finished goods is allowable even it is not being used in or in relation to the manufacture of final products CCE, Noida Vs. Denso India Ltd. & Another [2014 (9) TMI 635 – Allahabad High Court] Denso India Ltd. & Another (the Respondent) […]

Duty paid by one unit should be allowed as Cenvat credit to the another unit

September 29, 2014 2738 Views 0 comment Print

Commissioner of Central Excise, Pune-II Vs. Mishal Zinc Industries Pvt. Ltd. and Indo Deutsh Metallo Chemique Ltd. [2014-TIOL­1 725-CESTAT-MUM] The Respondents are manufacturer of White Zinc Oxide and having two units (a) Mishal Zinc Industries Pvt. Ltd (the Unit 1) and (b) Indo Deutsch Metallo Chimique Ltd (the Unit 2) [the Respondents]. Till August 1998, […]

Amount retained under Sales Tax Incentive Scheme would be part of Assessable Value

September 29, 2014 2166 Views 0 comment Print

The Central Board of Excise and Customs has issued an instruction F. No. 6/8/2014- CX.1 dated September 17, 2014 in terms of the judgment of the Apex Court in case of Super Synotex India Ltd. [2014-TIOL-19-SC­CX] on the issue of abatement of Sales Tax under an abatement scheme where the Assesse has been allowed to […]

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