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CA Urvashi Porwal

Latest Judiciary


Processing of steel scrap into blended steel scrap amounts to manufacture – AAR

Excise Duty : T. T. Recycling Management India Private Limited (hereinafter also referred to as applicant) is a resident Private Limited Company...

September 1, 2016 2338 Views 0 comment Print

Mere Crushing of Coal does not amount to manufacture: AAR

Excise Duty : It is engaged in the manufacture and sale of PET Chips. The applicant now intends to start a new business whereby the applicant i...

September 1, 2016 1321 Views 0 comment Print

Activity of mere Loading software in a device does not amount to manufacture – AAR

Excise Duty : Nucleus Device is classifiable under Tariff Entry 85176290 of the First Schedule to the Central Excise Tariff Act 1985 as Machines...

September 1, 2016 1762 Views 0 comment Print

Tax Laws passed by Legislature not open to judicial review – SC

Excise Duty : The High Court has dismissed the Writ Petition by the impugned judgment and order dated 2.9.2011. Being dissatisfied with the dism...

August 31, 2016 2992 Views 0 comment Print

Activities relating to spectacles, frames & tagging of jewellery does not amount to manufacture– AAR

Excise Duty : In the instant case, the applicant has submitted that the tag is applied by them while placing the jewellery in the box to preven...

August 31, 2016 1921 Views 0 comment Print


Latest Posts in CA Urvashi Porwal

Processing of steel scrap into blended steel scrap amounts to manufacture – AAR

September 1, 2016 2338 Views 0 comment Print

T. T. Recycling Management India Private Limited (hereinafter also referred to as applicant) is a resident Private Limited Company. Applicant proposes to source different grades of steel scrap from the generating factories and approved vendors within India as well as outside India. The scrap so procured in such a variety of forms and grades is neither suitable for the foundries nor suitable for steel mills as a raw material for its manufacturing activity.

Mere Crushing of Coal does not amount to manufacture: AAR

September 1, 2016 1321 Views 0 comment Print

It is engaged in the manufacture and sale of PET Chips. The applicant now intends to start a new business whereby the applicant intends to import coal from outside India of various size and all that It intends to do is to crush the same and thereafter supply it to the customers as per their demand.

Activity of mere Loading software in a device does not amount to manufacture – AAR

September 1, 2016 1762 Views 0 comment Print

Nucleus Device is classifiable under Tariff Entry 85176290 of the First Schedule to the Central Excise Tariff Act 1985 as Machines for the reception conversion and transmission or regeneration of voice images or other data including switching and routing apparatus other.

Tax Laws passed by Legislature not open to judicial review – SC

August 31, 2016 2992 Views 0 comment Print

The High Court has dismissed the Writ Petition by the impugned judgment and order dated 2.9.2011. Being dissatisfied with the dismissal of his writ petition the appellant preferred a Review Petition which was also dismissed by the High Court by the impugned judgment and order dated 24.11.2011.

Activities relating to spectacles, frames & tagging of jewellery does not amount to manufacture– AAR

August 31, 2016 1921 Views 0 comment Print

In the instant case, the applicant has submitted that the tag is applied by them while placing the jewellery in the box to prevent return of counterfeit items. Application does not mention that applicant would affix or emboss brand name on the jewellery. Tagging in this case is not embossing or affixing. Therefore, the activity of tagging of jewellery would not amount to manufacture under Section 2(f) ibid.

Activities intended to protect goods and facilitate inventory management & storage does not amount to manufacture- AAR

August 31, 2016 796 Views 0 comment Print

Applicant is an entity incorporated for undertaking wholesale operations in India. The applicant will enter into vendor procurement contracts to purchase products from the manufacturers hold inventory on its own account and sell the same to retailers industrial users or other wholesalers.

SCN cannot be issued to debtors until tax liability crystallise

July 12, 2016 21105 Views 0 comment Print

In the case of M/s Quality Fabricators and Erectors Vs. The Deputy Director, DGCEI, Zonal Unit Mumbai and Others, it was held that in case of non payment of service tax by the assessee, the notices for recovery cannot be issued to assessee’s debtors unless the liability has been crystallised.

Reverse CENVAT availed on Raw Material on trf to sister unit: SC

May 23, 2016 4321 Views 0 comment Print

It was held that in case of erstwhile in terms of Rule 57AB(1C) of the Central Excise Rules, 1944 and Rule 3(4) of the Cenvat Credit Rules, 2001, it was held that in terms of circular dated 1.7.2002 by which, where no sale is involved but only a transfer by one sister unit to another, the value shown in the invoice on the basis of which Cenvat credit was taken by the assessee would be the value for the purpose of Rule 57AB and Rule 3(4).

Tax exemption can't be denied for Service fee designation in Rs.

May 20, 2016 1186 Views 0 comment Print

It is held that although contract, undoubtedly, designates the consideration in Indian rupees so that the service provider is not put to loss on account of currency fluctuations and merely because Service provider designates the consideration in Indian rupees, his Service Tax Exemption on Exports cannot be denied,

Department cannot insist to avail particular option under Rule 6

May 20, 2016 2182 Views 0 comment Print

They were availing Cenvat credit of education cess paid on the inputs used by them in the manufacture of tractors. The tractors manufactured by the appellants are exempted from payment of excise duty vide Notification No. 23/2004-CE dated 09/07/2004.

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