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CENVAT Credit on Commission Agents Services – Calcutta High Court

  09 Oct 2022   2 comments
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....
Posted Under: Excise Duty |

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

  04 Oct 2022   0 comment
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...

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

  18 Sep 2022   0 comment
HC held that accusations of clandestine removal cannot be confirmed merely based on statement of few transporters under Central Excise Act...
Posted Under: Excise Duty |

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

  31 Jul 2022   0 comment
HC held that no recovery of Central Excise Duty, interest, and penalty can be made without service of adjudication order ...
Posted Under: Excise Duty |

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

  02 Jul 2022   0 comment
Find out why delaying the adjudication of Show Cause Notices for 13 years is not just, proper, or legal. Learn more about this legal issue in our blog post....
Posted Under: Excise Duty |

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

  03 Apr 2022   1 comment
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....
Posted Under: Excise Duty |

CBDT condones delay in filing of Form-10 IC

  22 Mar 2022   0 comment
Learn about the recent amendment to the Income Tax Act and how it affects domestic companies. Discover the benefits of filing Form-10 IC before the due date....
Posted Under: Service Tax |

Whether excise duty is payable on mixing of Ethanol with Petrol (under unjust enrichment concept)

  06 Feb 2022   0 comment
Ethanol (primarily a by product from sugarcane and residue of rice and wheat) is mixed with Petrol in the range of 5% to 10% as of now and on world environment day (05.06.2021) PM announced to increase the same to 20% by 2025 for petrol and to mix the same upto 10% in case of […]...
Posted Under: Excise Duty |

Completion of Investigation not a Condition Precedent for Eligibility under SVLDR Scheme 2019

  05 Feb 2022   0 comment
M/s. UCN Cable Network (P) Ltd. Vs. Designated Committee under SVLDR Scheme, 2019 (Bombay High Court, Nagpur)
M/s. UCN Cable Network (P) Ltd. Vs. Designated Committee under SVLDR Scheme, 2019 (Bombay High Court, Nagpur) Completion Of Investigation Not a Condition Precedent For Eligibility Under ‘Sabka Vishwas’ (Legacy Dispute Resolution) Scheme 2019 The Hon’ble Bombay High Court while quashing the Designated Committee’s decision of reject...

Changes in Excise Duty vide Budget 2022- Detailed Analysis

  01 Feb 2022   0 comment
Memorandum Explaining the Provisions in Finance Bill, 2022 (Budget 2022-23) related to Amendments In The Fourth Schedule, Change In Effective Rate Of Additional Basic Excise Duty On Unblended Petrol And Diesel, Amendments In The Schedule VII Of The Finance Act, 2001 (NCCD SCHEDULE) an d other Changes [Including Certain Clarifications/Tech...

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