Excise Duty Act, Rules Articles News Notification Circulars Instructions. Input Credit, Cenvat, Duty Rate, SSI Exemption, Excise on Jewellery,Excise on Garment
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The undersigned is directed to inform that this office is carrying out a study to explore whether the cases where prosecution proceedings are pending for more than 15 years and involving Central Excise duty of up to Rs. 5 lakhs, needs to be withdrawn.
Hon’ble Supreme Court observed that there are two things which become apparent from the reading of the Order of the High Court that are: The duty for which the claim of refund is made, was paid under protest by the Respondent during the pendency of the adjudication proceedings; Further, the intermediary product was not marketable.
The Hon’ble High Court, Gujarat relying upon the Order addressed by the Department to Alps Chemicals Pvt. Ltd. on the same facts and judgment in the case of Ralli Engine Ltd. Vs. Union Of India [2004 (4) TMI 590 – Gujarat High Court], held that the Appellant is permitted to pay the Excise duty foregone from the legally availed Cenvat credit account.
Assessee cannot insist upon cross-examination of all the informers, especially the ones whose statement may not be relied upon by the Department for maintaining the demand- Kurele Pan Products Pvt. Ltd. Vs. Union Of India Thru. Sec. And 2 Others [2015 (12) TMI 1206 – ALLAHABAD HIGH COURT]
MRP based valuation applicable to institutional buyers for goods which are specified under Section 4A of the Excise Act, covered by SWM Act, 1976 & Rules thereof and further, MRP was affixed on the goods supplied which are not exempted under Rule 34 of the Rules thereof- Commr. of Central Excise, Panchkula Vs. Liberty Shoes Ltd. [2015 (12) TMI 1159 – SUPREME COURT]
The Hon’ble CESTAT, New Delhi relying upon the judgment of Hon’ble Gujarat High Court in the case of CCE, Vadodara-II Vs. Indeos ABS Ltd. [2010 (254) ELT 628 (Guj.)], which was further upheld by Hon’ble Supreme Court in [2011 (3) TMI 1575 – SUPREME COURT]
The Hon’ble Supreme Court held that no such writ petition to claim refund of duty, interest and penalty was maintainable when the proceedings in respect of the Respondent had attained finality and the amount was recovered.
Notification No. 2/2016-Central Excise prescribes the Basic Excise Duty (BED), with effect from 02.01.2016, on the following products at the rates indicated below: (i) Unbranded petrol from Rs. 7.73 per litre to Rs. 8.48 per litre; (ii) Branded petrol from Rs. 8.91 per litre to Rs. 9.66 per litre; (iii) Unbranded diesel from Rs.7.83 per litre to Rs. 9.83 per litre; and (iv) Branded diesel from Rs. 12.19 per litre to Rs. 10.19 per litre.
Input services not only cover services of falling in the substantial part of Rule 2(l) of the Cenvat Credit Rules, 2004 but also cover services which are covered under the inclusive part as the same having some sort of nexus with the business activity of the assesses.
The appellants are Export Oriented Unit (EOU). In 2003 they cleared the certain consignments of fabrics for purpose of export, which got damaged due to rain and had to be brought back to the factory.