Supply of goods or services or both between related persons or between distinct persons as specified in section 25, when made in the course or furtherance of business is to be treated as a supply even if made without consideration in terms of Para 2 of Schedule I. In terms of Section 25(4) “A person who […]...
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Windfall Tax is an additional tax rate, levied by Government, on unexpected profits earned due to sudden windfall gain from an events which are outside the control of a company or industry. Windfall tax is imposed on certain section of companies or industries viz. petroleum, natural gas etc. due to favourable price situation arises on [&h...
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CESTAT held that transportation charges collected by way of issuing additional invoice cannot be included in the assessable value of goods for levying excise duty....
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The Government of India implemented the Northeast Industrial and Investment Promotion Policy (NEIIPP), 2007 for Northeastern states including Sikkim, and a package for special category states for Jammu & Kashmir, Uttarakhand, and Himachal Pradesh to promote industrialization. A major benefit of the policy was the exemption from excise...
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A vexed issue, being eligibility of CENVAT credit on Sales Commission Agent's Services, post the judgment of the Hon’ble Gujarat High Court in Cadila Healthcare Limited, came up before the Division Bench of Hon’ble Calcutta High Court. The period in dispute in this case was from 2011 to 2016....
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CESTAT held that the assessing authority has not found any undeclared machines in the manufacturing premises or factory of the assessee and duty has been demanded based on assumptions and presumption, which is not permissible under the scheme of compounded levy on the product manufactured by the assessee. Therefore, the appeals filed by t...
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HC held that accusations of clandestine removal cannot be confirmed merely based on statement of few transporters under Central Excise Act...
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HC held that no recovery of Central Excise Duty, interest, and penalty can be made without service of adjudication order ...
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Parle International Limited Vs Union of India Writ Petition No 12904 of 2019 Bombay High court Date-26/11/2020 Sub: Delay adjudication of Show Cause Notices after a period of 13 years would not be just, proper and legal. BRIEF FACTS: 1. This is a Writ Petition under Articles 226 / 227 of the Constitution of India. […]...
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Considering the importance of pre dispute consultation and acting on the recommendation of TARC report government brought the concept of Pre show cause consultation before issuance of final show cause notice with the idea to reduce the burden of unnecessary litigation which will help both department and tax payer....
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