2 Excise Duty Articles, News, Notification and Circular

Excise Duty articles

Valuation of Stock Transfers under GST

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 […]...

Read More
Posted Under: Service Tax |

Flexible Windfall Tax

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...

Read More
Posted Under: Service Tax |

Transportation cost separately charged should not forms part of assessable value

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....

Read More
Posted Under: Service Tax |

Multiple litigations in Budgetary Support Scheme Refund

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...

Read More
Posted Under: Service Tax |

CENVAT Credit on Commission Agents Services – Calcutta High Court

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....

Read More
Posted Under: Service Tax |

CESTAT: Demand of duty of Rs. 163 Crore based on assumptions is not permissible

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...

Read More

Assertion of clandestine removal cannot be proved merely by testimony of some transporters

HC held that accusations of clandestine removal cannot be confirmed merely based on statement of few transporters under Central Excise Act...

Read More
Posted Under: Service Tax |

No Recovery of Central Excise Duty, Interest & Penalty without serving of Adjudication Order

HC held that no recovery of Central Excise Duty, interest, and penalty can be made without service of adjudication order ...

Read More
Posted Under: Service Tax |

13 years delay in adjudication of Show Cause Notice is not proper & legal

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. […]...

Read More
Posted Under: Service Tax |

Pre-Notice Consultation – Face Off Between Tax Payer and Department

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....

Read More
Posted Under: Service Tax |

Browse All Categories

CA, CS, CMA (6,288)
Company Law (8,866)
Corporate Law (11,272)
Custom Duty (9,729)
DGFT (4,928)
Excise Duty (5,019)
Fema / RBI (5,403)
Finance (5,891)
Income Tax (44,140)
SEBI (4,751)
Service Tax (4,187)