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S 11B limitation held applicable in accumulated Cenvat credit refund is bad law—Part 2

In the first part of the article, it was evidently clear that the English language cannot do magic to imply limitation to be read in the law (when it is concluded by independent reading of the S 11B that no limitation is specified) merely by way of reference to the Section in the Notification....

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Posted Under: Excise Duty |

S 11B limitation held applicable in accumulated Cenvat credit refund is bad law- Part 1

Local taxes & duties cannot be exported & this is the principle followed the world over under the aegis of the WTO. This basic principle cannot be violated  & if the government does that by implying a limitation period not appearing in the law then it is violation of Basic Principles of Law. It is […]...

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Posted Under: Excise Duty |

Discripancy in Sabka Vishwas Scheme

Many of the Assessees are worried whether they can avail the SVLDRS scheme under LITIGATION OR ARREARS, if the order is received on or before 30.06.2019 and the statutory time limit for filing appeal was available upto two or three months. i.e. after 01.07.2019. In the recent CBIC FAQ dt. 24.12.2019 in Question No.6, the […]...

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Posted Under: Excise Duty |

SVLDR Scheme 2019 | For closing past litigations or to create new litigations?

Whether Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019, is for closing of the past litigations or to create new litigations? It has been more than two and half years since implementation of GST in India. However, there are huge pending litigations from pre-GST regime. Therefore, with a view to quick closure of these litigations, v...

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Posted Under: Excise Duty |

FAQs: Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019

Who is eligible to file declaration under SABKA VISHWAS (LEGACY DISPUTE RESOLUTION) SCHEME, 2019? Any person falling under the following categories is eligible, subject to other conditions under the Scheme, to file a declaration:...

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Posted Under: Excise Duty |

Delhi HC rules Central Excise Duty rebate claim filed after expiry of 1 year as ineligible

Applications for rebate of Central excise duty paid on excisable goods, consequent on their export, are required to be filed within one year of the date of their export, under Section 11B of the Excise Act. As such, the rebate claim, filed by the Petitioner, was rejected by the Assistant Commissioner of Customs (AC), vide Order-in-Origina...

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Posted Under: Excise Duty |

Area based Excise Duty exemption not cover exemption from Education Cess, NCCD

Area based Excise Duty exemption does not cover exemption from Education Cess, NCCD – Analysis of M/s. Unicorn Industries Vs Union of India & Others (Supreme Court of India); Civil Appeal No. 9237 of 2019; 06/12/2019 When a particular kind of duty is exempted, other types of duty or cess imposed by different legislation for [&he...

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Posted Under: Excise Duty |

Sabka Vishwas in layman’s language & the peaceful way ahead

The Sabka Vishwas Legacy Dispute Resolution Scheme, 2019, that was initiated by the government from the 1st of September 2019, has since been the cynosure in the indirect tax spectrum. Indirect tax litigation pertaining to the pre-GST regime is an ocean and this scheme is mainly aimed at containing the said ocean in a bottle. […]...

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Posted Under: Excise Duty |

GST: Sabka Vishwas (Legacy Dispute Resolution) Scheme 2019

Goods and Service Tax (GST)– Sabka Vishwas (Legacy Dispute Resolution) Scheme 2019 Welcome to A One Stop Solution for Liquidation of Past Dispute Resolutions and Tax Dues Amnesty for Assessees having Central Excise & Service Tax Legacy Disputes from further proceedings and legal prosecutions providing Benefits under the Scheme w...

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Posted Under: Excise Duty |

Relief Measure: Sabka Vishwas (Legacy dispute Resolution) Scheme, 2019

Dispute Resolution scheme came by Finance (No. 2) Act ‘2019 to give major relief to the taxpayers having unpaid outstanding liability as on 30-06-2019  with regards to Service Tax , Excise and under 26 other Indirect Tax enactments and Scheme is named as ‘Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019′. Let summ...

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Posted Under: Excise Duty |