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Excise Duty – Under Section 35C(2) CESTAT cannot altogether take a different view in law and it cannot reappreciate evidence

Case Name : Commissioner of Central excise Vs Rdc Concrete (India) P. Ltd. (Supreme Court of India)
Appeal Number : Civil Appeal No. 4409 of 2010
Date of Judgement/Order : 09/08/2011
Related Assessment Year :
Courts : Supreme Court of India (2389)
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Honest mistake committed in maintenance of stock register can not be treated as fraud or willful mis-statement or suppression of facts – SC

Case Name : C.C.E., Mangalore Vs M/s. Pals Micro systems Ltd. (Supreme Court of India)
Appeal Number : Civil Appeal No. 6058 of 2011
Date of Judgement/Order : 29/07/2011
Related Assessment Year :
Courts : Supreme Court of India (2389)
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Clandestine removal of excisable goods can not be denied by the company if MD of the company voluntarily came forward to sort out the issue and to pay the Excise duty – SC

Case Name : Commissioner of Central Excise Vs M/s. Kalvert Foods India Pvt. Ltd. & Ors. (Supreme Court of India)
Appeal Number : Civil Appeal No. 4500- 4502 of 2003
Date of Judgement/Order : 09/08/2011
Related Assessment Year :
Courts : Supreme Court of India (2389)
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Cost of packing of motor cycles cleared to Depot to be included in assessable value for Excise Duty Valuation – Supreme Court

Case Name : M/s. Royal En field (Unit of M/s. Eicher Ltd.) Vs Commissioner of Central Excise (Supreme Court of India)
Appeal Number : Civil Appeal No. 4500- 4502 of 2003
Date of Judgement/Order : 10/08/2011
Related Assessment Year :
Courts : Supreme Court of India (2389)

Whether Iron and Steel structures manufactured and used captively in the factory for installation of the Sugar manufacturing plant by the assessee can be classified as capital goods under Rule 57Q of the Central Excise Rules, 1944?

Case Name : Saraswati Sugar Mills Vs Commissioner of Central Excise, Delhi- III  (Supreme Court of India)
Appeal Number : Civil Appeal No. 5295 of 2003
Date of Judgement/Order : 02/08/2011
Related Assessment Year :
Courts : Supreme Court of India (2389)
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SC asks CBDT and CBEC to draft uniform policy on appeals in lost cases

Case Name : Commissioner of Central Vs M/s Doaba Steel Rolling Mills (Supreme Court of India)
Appeal Number : Civil Appeal No. 3400 of 2003
Date of Judgement/Order : 06/07/2011
Related Assessment Year :
Courts : Supreme Court of India (2389)
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HC cannot decide on leviability of excise duty on a particular product if issue is already pending before Apex Court

Case Name : Commissioner of Central Excise, Customs & Service Tax Vs Jindal South West Steel Ltd. (Karnataka High Court)
Appeal Number : CEA NOs. 214, 215-218 OF 2010
Date of Judgement/Order : 09/06/2011
Related Assessment Year :
Courts : All High Courts (14157) Karnataka High Court (655)
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The action of the Chief Commissioner to refuse to accept new units as a part of LTU and issuing show cause notice to them regarding transfer of Cenvat credit not tenable under LTU scheme

Case Name : Sharda Motor Industries Ltd. Vs Union of India (Bombay High Court)
Appeal Number : Writ Petition No. 9450/2010
Date of Judgement/Order : 17/02/2011
Related Assessment Year :
Courts : All High Courts (14157) Bombay High Court (1906)

As Sum paid by assessee was never appropriated as duty, so, sec. 11B not applies to refund thereof

Case Name : M/s. Remsons Industries Ltd. Vs Commissioner of Central Excise (CESTAT Mumbai)
Appeal Number : FIinal Order No. A/412/2011-WZB/C-II(FB)
Date of Judgement/Order : 27/05/2011
Related Assessment Year :
Courts : All CESTAT (3928) CESTAT Mumbai (510)
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If Excess excise duty paid not refunded, buyer can claim the refund

Case Name : V.G. Steel Industry Vs Commissioner of Central Excise (Punjab and Hariyana High Court)
Appeal Number : Central Excise Appeal No. 12 OF 2011
Date of Judgement/Order : 23/05/2011
Related Assessment Year :
Courts : All High Courts (14157) Punjab and Haryana HC (459)
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