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Benefit of conditional exemption Notification cannot be denied on pretext of unconditionally exempted

The Hon’ble Tripura High Court in Union of India v. M/S. Dharampal Satyapal Ltd. [Central Excise Appeal No.01/2019 and Central Excise Appeal No.02/2019, dated March 22, 2021] upheld the judgment passed by the CESTAT, Kolkata allowing the assesse to avail the benefit of notification granting conditional exemption from the of the duties o...

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Posted Under: Excise Duty |

Exhaustive Analysis of Excise Duty Changes- Budget 2021

Article explains Changes in Excise duty proposed/carried out by Union Budget 2021 and explains Amendment in Fourth Schedule , Retrospective amendment in Chapter 27 of the Fourth Schedule to the Central Excise Act, 1944, Amendment in Chapter 27 of the Fourth Schedule to the Central Excise Act, 1944, Imposition Of Agriculture Infrastructure...

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Posted Under: Excise Duty |

Key Changes Under Customs & Excise- Union Budget 2021

Union Budget 2021 – Changes Under The Customs And Excise- This document summarises the Key changes made/ proposed under the Customs and Excise – Section wise in comparative manner for easy digest. CUSTOMS Unless otherwise stated, all changes in rate of Customs duty take effect from the midnight of 1st February/ 2nd February 2021. ...

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Posted Under: Excise Duty |

Only person who borne incidence of duties/ taxes, is entitled to claim refund

M/s. CPCL has borne the incidence of Excise Duty which in law, could not be charged from it and it is a settled legal position under Section 11B of the Central Excise Act that it is only the person who has borne the incidence of Excise Duty who is entitled to claim refund....

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Posted Under: Excise Duty |

Pre-deposit in appeals relating to Central Excise, Service Tax – Refund to be granted in Cash

Pre-deposit in appeals relating to Central Excise, Service Tax – Refund to be granted in Cash 1. Most of the assesses have pending appeals relating to Central Excise and Service Tax as on 01.07.2017 i.e., the date of introduction of GST and they must have made pre-deposit of 7.5% or 10% of the disputed tax […]...

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Posted Under: Excise Duty |

An open letter to Union Minister of Finance for opening a window to pay under SVLDRS

Memorandum seeking a special measure for the opening of Limited Time Window to process of Payment of Taxes under Sabka Vishwas - (Legacy Dispute Resolution) Scheme, 2019 (SVLDRS)...

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Posted Under: Excise Duty |

SVLDRS 2019- A Scheme to reduce litigation is creating litigation of its own

Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 – A scheme which was intended to substantially scale down pending litigations under IDT, led to litigation of its own Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 announced as Dispute Resolution cum Amnesty Scheme by Hon’ble Finance Minister, Smt. Nirmala Sitharaman ...

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Posted Under: Excise Duty |

Can CESTAT condone delay in filing Appeal before Commissioner (Appeals) beyond time permitted under statute

Can CESTAT condone delay for filing of Appeal before Commissioner (Appeals) beyond permissible time limit prescribed under the statute? There are plethoras of cases where appellant was failed to file an appeal before Commissioner (Appeals) within the statutory time limit prescribed in the Act due to various reasons. These reasons can be d...

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Posted Under: Excise Duty |

Critical Analysis of Special Corona Fee Imposed by Delhi Govt. on Liquor

Critical Analysis of Special Corona Fee Imposed by Govt. of NCT Delhi On Liquor Amid the Pandemic, Government of NCT Delhi & other states are charging Special Fee under the heading of ‘Corona Fee’ on the sale of liquor. It is pertinent to note that Revenue Department, Government of NCT Delhi in exercise of the […]...

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Posted Under: Excise Duty |

Case Comment: Commissioner of Central Excise v. Uni Products India Ltd (SC)

While taxing manufacturing of goods in the indirect tax regime in India, the rate of duty varies depending on the type of good. Such goods are classified through chapter-headings and tariff item numbers or entries which provide a description of the type explaining its inherent character along with rate of duty. In the erstwhile regime, [&...

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Posted Under: Excise Duty |