Excise Duty

Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019: Mystery or Resolution?

A. Preface 1. Our Finance Minister, Shrimati Nirmala Sitharaman, in her budget speech mentioned that more than Rs. 3.75 lakh croreis blocked in pending litigations from the Pre-GST Regime i.e., in Service Tax And Excise. In view of such huge funds being blocked, she proposed a “Legacy Dispute Resolution Scheme” (The Scheme) that would...

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What is Sabka Vishwas (Legacy Dispute Resolution) Scheme?

A very unique and substantial relief scheme named as SABKA VISHWAS LEGACY DISPUTE RESOLUTION SCHEME has been proposed. The focus of the government will be to reduce the pending litigations of 28 plus pre-GST laws, the government has proposed a Dispute Settlement Scheme for speedy settlement of pending litigations and to remove the funds b...

Read More

Issues in Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019

There are many issues in this proposed Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019. Hope such issues get addressed favorably in the Rules and other clarifications to be issued in this regard....

Read More

Budget 2019: Exhaustive analysis of amendments in Excise Duty Law

Article explains Union Budget 2019 Proposals Involving Changes in Export Duty Rates, Proposals Involving Change in Excise Duty Rate Though Notifications, Effective change in rate of Special Additional Excise Duty and Road and Infrastructure Cess on Petrol and Diesel, Amendments In Fourth Schedule To Central Excise Act, 1944, Amendment in ...

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Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019: Eligibility & Tax payable

Article explains Eligibility for Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 (LDRS) and amount of Tax, Interest and Penalty payable. Sl. No Situation 1 Situation 2 (to be read with Situation 1) Eligible for LDRS (Yes or No) Category % of Amount of Duty payable (See Note1 below the table) Relevant clause (s) in Finance […...

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Former Superintendent of Excise & Customs Sentenced In A DA Case

Former Superintendent of Central Excise & Customs Sentenced In A DA Case The Designated Court, CBI Cases, Ernakulam (Kerala) has convicted Shri T. Gopalakrishnan, former Superintendent of Central Excise & Customs, Cochin U/s 13(2) r/w 13(1)(e) of PC Act and sentenced him to undergo two years Simple Imprisonment with fine of Rs. 26...

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3 Years Imprisonment to then Central Excise Inspector in Bribery Case

The Special Judge, North Goa has convicted Sh. Nilesh Thakur, then Inspector, Central Excise, Goa in a bribery case and sentenced him to undergo three years Simple Imprisonment with fine of Rs. 40,000/-. The Commissioner, GST, Goa has dismissed Sh. Nilesh Thakur, then Inspector from service....

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Budget 2018- Explanatory memorandum to Central Excise Notifications

Budget 2018- Explanatory memorandum to Notifications no. 01/2018-Central Excise to 13/2018- Central Excise all Dated 2nd February 2018:- S. NO. Notification No. Description 1. 1/2018- Central Excise dated 2nd February 2018 Seeks     to   rescind   notification   No.    10/2015-Central Excise dated 01.03.2015 2. 2/2018- Centr...

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Summary of CAG Report on Central Excise Tax for March 2017

Section 16 of CAG’s (DPC) Act, 1971 mandates CAG to audit receipts payable into the Consolidated Fund of India and to satisfy that the rules and procedures are designed to secure an effective check on the assessment...

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CBI arrests a Superintendent of Central Excise in alleged bribery case

Central Bureau of Investigation has arrested then Superintendent, Range-36, Central Excise, Nehru Place, New Delhi ( now Superintendent, GST Council, New Delhi) and a Tax Consultant (private person) in an alleged bribery....

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No denial of Cenvat Credit for mere procedural lapse: CESTAT

M/s D.A. Stuart India Pvt Ltd Vs C.C.G.S.T (CESTAT Mumbai) - M/s D.A. Stuart India Pvt Ltd Vs C.C.G.S.T (CESTAT Mumbai) In the absence of a statutory provision which prescribes that registration is mandatory, the claim of the Appellant cannot be rejected and both the authorities below have committed an error in rejecting the same. In a very recent decision o...

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CESTAT sets aside demand on zinc waste emerging during manufacture of steel pipes and tubes

M/s. APL Apollo Tubes Ltd. Vs Commissioner of GST & Central Excise (CESTAT Chennai) - M/s. APL Apollo Tubes Ltd. Vs Commissioner of GST & Central Excise (CESTAT Chennai) The issue is whether appellants have to pay an amount of 6% of the value of the zinc scrap cleared by them. The department has relied upon Explanation (1) introduced w.e.f. 01.03.2015 to demand the duty raised in...

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Cenvat credit allowable on courier service used for sell of goods

M/s Groz Beckert Asia Pvt Ltd Vs Commissioner of C.E (Cestat Chandigarh) - Appellant is sending the goods through courier and till the goods reach to the buyer’s place, the appellant is the owner of the goods. In case, the buyer refused to take the delivery of the goods, the goods were returned by courier to them. In that circumstance, till the delivery of the goods to t...

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Cash refund of unutilized credit impermissible on closure of business

M/s. Gauri Plasticulture P. Ltd. vs. Commissioner of Central Excise (Bombay High Court) - The Larger Bench (LB) of Bombay HC rules in favour of Revenue, holds that cash refund u/s 11B of the Central Excise Act, 1944 is not permissible when CENVAT Credit on inputs remains unutilized on account of closure of manufacturing unit or inability to utilize input credit....

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Toothbrushes supplied free with toothpaste cannot be valued U/s. 4A for excise

M/s Contemporary Targett Pvt Ltd Vs C.C.E. & S.T.-Vadodara-I (CESTAT Ahmedabad) - M/s Contemporary Targett Pvt Ltd Vs C.C.E. & S.T.-Vadodara-I (CESTAT Ahmedabad) Facts is not under dispute that the tooth brushes manufactured and supplied by the appellant were cleared either in bulk form or combo pack or in naked condition that means without any retail packing. Goods were supp...

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CBIC to exempt crude petroleum oil produced in specified oil fields

Notification No. 6/2019-Central Excise [G.S.R.489(E)] - (06/07/2019) - Seeks to exempt crude petroleum oil produced in specified oil fields under production sharing contracts or in the exploration blocks offered under the New Exploration Licensing Policy (NELP) through international competitive bidding vide Notification No. 6/2019-Central Excise Dated 6th July, 2019. ...

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CBIC increases effective Special Additional Excise Duty on Petrol & Diesel

Notification No. 5/2019-Central Excise [G.S.R. 488(E).] - (06/07/2019) - Seeks to increase the effective rate of Special Additional Excise Duty on Petrol and Diesel vide Notification No. 05/2019-Central Excise Dated 6th July, 2019. GOVERNMENT OF INDIA MINISTRY OF FINANCE (DEPARTMENT OF REVENUE) Notification No. 5/2019-Central Excise New Delhi, the 6th July, 2019 G.S.R. 4...

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Basic excise duty on specified goods in chapter 24 increased

Notification No. 03/2019-Central Excise [G.S.R. 486(E)] - (06/07/2019) - Seeks to increase the basic excise duty on specified goods in chapter 24 under section 5A of the Central Excise Act 1944 vide Notification No. 03/2019-Central Excise Dated 6th July, 2019. GOVERNMENT OF INDIA MINISTRY OF FINANCE (DEPARTMENT OF REVENUE) Notification No. 03/2019-Central Excise New Delh...

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CBIC amends notification No. 11/2017-CE to omit a chapter 24 entry

Notification No. 02/2019-Central Excise [G.S.R. 485(E).] - (06/07/2019) - CBIC further amends notification No. 11/2017-Central Excise dated 30th June 2017 so as to omit an entry with respect to chapter 24 vide Notification No. 02/2019-Central Excise Dated 6th July, 2019. GOVERNMENT OF INDIA MINISTRY OF FINANCE (DEPARTMENT OF REVENUE) Notification No. 02/2019-Central Excis...

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CBIC increases effective rate of Road and Infrastructure Cess

Notification No. 4/2019-Central Excise [G.S.R. 487(E).] - (06/07/2019) - Seeks to increase the effective rate of Road and Infrastructure Cess as additional duty of excise on Petrol and Diesel vide Notification No. 04/2019-Central Excise Dated 6th July, 2019. GOVERNMENT OF INDIA MINISTRY OF FINANCE (DEPARTMENT OF REVENUE) Notification No. 4/2019-Central Excise New Delhi, ...

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Recent Posts in "Excise Duty"

No denial of Cenvat Credit for mere procedural lapse: CESTAT

M/s D.A. Stuart India Pvt Ltd Vs C.C.G.S.T (CESTAT Mumbai)

M/s D.A. Stuart India Pvt Ltd Vs C.C.G.S.T (CESTAT Mumbai) In the absence of a statutory provision which prescribes that registration is mandatory, the claim of the Appellant cannot be rejected and both the authorities below have committed an error in rejecting the same. In a very recent decision of the Tribunal in the matter of [&hellip...

Read More

Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019: Mystery or Resolution?

A. Preface 1. Our Finance Minister, Shrimati Nirmala Sitharaman, in her budget speech mentioned that more than Rs. 3.75 lakh croreis blocked in pending litigations from the Pre-GST Regime i.e., in Service Tax And Excise. In view of such huge funds being blocked, she proposed a “Legacy Dispute Resolution Scheme” (The Scheme) that would...

Read More
Posted Under: Excise Duty |

CESTAT sets aside demand on zinc waste emerging during manufacture of steel pipes and tubes

M/s. APL Apollo Tubes Ltd. Vs Commissioner of GST & Central Excise (CESTAT Chennai)

M/s. APL Apollo Tubes Ltd. Vs Commissioner of GST & Central Excise (CESTAT Chennai) The issue is whether appellants have to pay an amount of 6% of the value of the zinc scrap cleared by them. The department has relied upon Explanation (1) introduced w.e.f. 01.03.2015 to demand the duty raised in the SCN. It […]...

Read More

What is Sabka Vishwas (Legacy Dispute Resolution) Scheme?

A very unique and substantial relief scheme named as SABKA VISHWAS LEGACY DISPUTE RESOLUTION SCHEME has been proposed. The focus of the government will be to reduce the pending litigations of 28 plus pre-GST laws, the government has proposed a Dispute Settlement Scheme for speedy settlement of pending litigations and to remove the funds b...

Read More
Posted Under: Excise Duty |

Cenvat credit allowable on courier service used for sell of goods

M/s Groz Beckert Asia Pvt Ltd Vs Commissioner of C.E (Cestat Chandigarh)

Appellant is sending the goods through courier and till the goods reach to the buyer’s place, the appellant is the owner of the goods. In case, the buyer refused to take the delivery of the goods, the goods were returned by courier to them. In that circumstance, till the delivery of the goods to the buyer, they are the owner of the good...

Read More

Issues in Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019

There are many issues in this proposed Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019. Hope such issues get addressed favorably in the Rules and other clarifications to be issued in this regard....

Read More
Posted Under: Excise Duty |

Budget 2019: Exhaustive analysis of amendments in Excise Duty Law

Article explains Union Budget 2019 Proposals Involving Changes in Export Duty Rates, Proposals Involving Change in Excise Duty Rate Though Notifications, Effective change in rate of Special Additional Excise Duty and Road and Infrastructure Cess on Petrol and Diesel, Amendments In Fourth Schedule To Central Excise Act, 1944, Amendment in ...

Read More
Posted Under: Excise Duty |

Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019: Eligibility & Tax payable

Article explains Eligibility for Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 (LDRS) and amount of Tax, Interest and Penalty payable. Sl. No Situation 1 Situation 2 (to be read with Situation 1) Eligible for LDRS (Yes or No) Category % of Amount of Duty payable (See Note1 below the table) Relevant clause (s) in Finance […...

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Posted Under: Excise Duty |

Sabka Vishwas (Legacy Dispute Resolution) Scheme-2019: 13 FAQs

It is raining discounts not just on consumer goods but also on taxes. The Finance Minister on 05th July, 2019 in her maiden budget introduced Sabka Vishwas (Legacy Dispute Resolution) Scheme 2019 in order to curb the pending litigations under the erstwhile Indirect Tax Enactments. The scheme provides relief from tax, penalty, interest, im...

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Posted Under: Excise Duty |

Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019: Applicability & Process

Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 Before the introduction of GST India was a curious mix of taxation laws, some aligned to global standards, and some not. Traditionally having had a reputation of a difficult tax regime, efforts are being taken to showcase India’s progress in improved ranking in Ease of Doing Busines...

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Posted Under: Excise Duty |

Latest Excise Duty News

Find out all the latest news on Excise Duty here at Taxguru.in. Read all the relevant excise duty notifications and excise duty articles only with Taxguru. In today's economic scenario the significance of taxes has increased and it now not limited to being a financial aid for the Governments. The Union or the Central Government imposes several taxes together with their state governments. Some of the taxes are also levied by local Municipalities as well. Excise Duty comes under the taxes which are levied by the Central Government as per the provisions laid out in the Excise Duty Act, Excise Duty Rules and Excise Duty notifications formulated by the Government. Excise duty is an indirect tax which is levied on goods manufactured in India and are intended for home consumption. Manufacturing of the goods is the taxable event and the excise duty liability arises as and when the goods are produced. Excise duty is a tax on manufacturing that is payable by a manufacturer of goods, who passes the incidence on to their customers. The CBEC (Central Board of Excise and Customs) is the governing authority and it functions under Union Ministry of Finance’s Department of Revenue. Under the power conferred by the Central Excise Act, 1944, the Central Government levies taxes on production or manufacturing of goods. The excise tax rates are stated under the Central Excise Tariff Act, 1985. At Taxguru, we provide you all the latest news on excise duty together with all the updates and excise duty notifications. We at regular intervals publish excise duty articles and blogs for the benefit of our readers. Get to know all the latest developments in the Excise Tax Act and all the latest amendments at Taxguru. Find out all the excise duty news and updates with respect to excise duty here at Taxguru. We ensure that we bring you all the accurate and comprehensive coverage relating to excise duty in India